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2022.10.11_CEB_Minutes_RegularaTOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: October 11, 2022 3614 South Ocean Boulevard Time: 1:00 PM Highland Beach, Florida 33487 1. CALL TO ORDER Chairperson Schlam called the meeting to order at 1:00 P.M. 2. ROLL CALL Board Member James Murray Board Member Robert Lasorsa Board Member Michael Cherbini Board Member David Axelrod Board Member Bryan Perliman Vice Chairperson Jane Perlow Chairperson Myles Schlam Town Attorney Kara Land Administrative Support Specialist Ganelle Thompson ADDITIONAL STAFF PRESENT Code Compliance Officer Adam Osowsky 3. PLEDGE OF ALLEGIANCE The Code Enforcement Board led the Pledge of Allegiance of the United States of America. APPROVAL OF THE AGENDA MOTION: Perliman/Axelrod- Moved to approve the agenda as presented, which passed unanimously 7 to 0. 4. SWEARING OF THE PUBLIC Ms. Thompson swore in those giving testimony. Code Enforcement Board Regular Meeting Minutes Date: October 11, 2022 Page 2 of 7 September 13, 2022 5. PUBLIC COMMENT There were no public comments. 6. APPROVAL OF MINUTES MOTION: Perlow/Perliman - Moved for the approval of the minutes, which passed unanimously on a 7 to 0 vote. 7. UNFINISHED BUSINESS None. 8. NEW BUSINESS A. CASE NO. CC2022-08-008 (STAFF IS REQUESTING THIS ITEM BE POSTPONED TO THE NEXT MEETING) 45 Ocean Condo Assoc. Inc. 4505 S. Ocean Blvd Cond Highland Beach FL, 33487 Code Sections: 30-122 (A) Building Permit Required Violations: Tesla charger installed without permit. MOTION: Perlow/Axelrod - Moved to continue the case to next month, which passed unanimously 7 to 0. B. CASE NO. CC2022-04-013 Sirota Aleksander 3700 S Ocean Blvd 907 Highland Beach, FL 33487 PCN: 24-43-47-04-51-001-0907 Legal Description: Toscana North Cond Unit 907 Code Sections: 30-122 (A) Building Permits Required Violations: Observed fire sprinkler work in unit without permit Chairperson Schlam read the title of Item 8.B. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Enforcement Board Regular Meeting Minutes Date: October 11, 2022 Page 3 of 7 Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. In addition, Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Aleksander Sirota was present virtually and provided testimony related to the case. The public hearing was closed followed by a motion. MOTION: Perliman/Lasorsa - Moved that Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that he be ordered to comply within 14 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call: Member Perliman (Yes), Member Lasorsa (Yes), Member Murray (Yes), Member Axelrod (Yes). Member Cherbini (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam 0 vote. C. CASE NO. CC2022-08-007 Janice and Richard Kaplan 3210 S Ocean Blvd 803 (Yes). The motion passed on a 7 to Highland Beach, FL 33487 PCN: 24-43-46-33-39-000-8030 Legal Description: Villa Costa Cond Unit 803 Code Sections:30-122 (A) Building Permits Required Violations: Interior remodel of kitchen without permit. Chairperson Schlam read the title of Item 8.C. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and Code Enforcement Board Regular Meeting Minutes Date: October 11, 2022 Page 4 of 7 accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Additionally, Code Compliance Officer Osowsky mentioned that the violator is now in compliance. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator pay prosecution costs in the amount of $250.00 payable by the date set for compliance. The public hearing was closed followed by a motion. MOTION: Axelrod/Perlow - Moved that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance and that a do not repeat order be issued and assess prosecution costs in the amount of $250.00 because the Town proved that a violation did exist. Based upon roll call: Member Axelrod (Yes), Vice Chairperson Perlow (Yes), Member Perilman (Yes), Cherbini (Yes), Lasorsa (Yes) Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. D. CASE NO. CC2022-08-008 Bruce D. Madorsky Family Trust 3114 S Ocean Blvd 401 Highland Beach, FL 33487 PCN: 24-43-46-33-09-000-4010 Legal Description: Monterey House Cond Apt 401 Code Sections: 30-122 (A) Building Permits Required Violations: Installing hurricane -resistant impact windows and doors Chairperson Schlam read the title of Item 9.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. Also, Code Compliance Officer Osowsky mentioned that to date, no permit had been applied for and the violation remains. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, the violator be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Code Enforcement Board Regular Meeting Minutes Date: October 11, 2022 Page 5 of 7 The public hearing was closed followed by a motion. MOTION: Perlow/Lasorsa - Moved that Respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation and that he/she/they be ordered to comply within 14 days or be fined $250.00 per day for each day the violation remains after the date set for compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. Based upon roll call Vice Chairperson Perlow (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), Member Perliman (Yes), Member Murray (Yes), Member Axelrod (Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. E. CASE NO. CC2022-08-009 Robert Spahr 4225 Tranquility Drive Highland Beach, FL 33487 PCN: 24-43-47-04-02-005-0160 Legal Description: Bel Lido LT 16 BLK 5 Code Sections: 30-122 (A) Building Permits Required Violations: Open storage of building/construction debris, no fence as required, interior and exterior work being performed. Chairperson Schlam read the title of Item 9.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. In addition, Code Compliance Officer Osowsky mentioned that to date, the Violator is now in Compliance. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, but the violator is now in compliance and that there is an assessment of prosecution costs in the amount of $250.00 payable by the date set for compliance. Robert Spahr, property owner provided testimony relevant to his case. Building Official Jeff Remas explained the permit fees and the fines associated with the permit fees. He explained that the cost differs from the cost of prosecution. Code Enforcement Board Regular Meeting Minutes Date: October 11, 2022 Page 6 of 7 The public hearing was closed followed by a motion. MOTION: Perlow/Axelrod - Moved that the Respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance and that a do not repeat order be issued compliance and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. because the Town proved that a violation did exist. Based upon roll call, Vice Chairperson Perlow (Yes), Member Axelrod (Yes), Member Cherbini (Yes), Member Perliman (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. F. CASE NO. CC2022-08-016 Patrick Culleton and Julia Wanklyn 1102 Russell Drive Highland Beach, FL 33487 PCN: 24-43-47-01-000-1071 Legal Description: Delray -by -The -Sea TH PT OF LT 107 IN OR2755P308 A/K/A UNIT 64 Boca Cove Code Section: 30-122 (A) Building Permits Required Violations: Mechanical AC changeout. Chairperson Schlam read the title of Item 9.A. and asked the Board members if they had any Ex Parte communications to disclose in the matter? Hearing none, he opened the public hearing and called for Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He entered submittals of evidence into the record that included proof of service, supporting documents, photos taken of the property that fairly and accurately represented the violation observed during the onsite inspections, and paper postings at the property address and at Town Hall. In addition, Code Compliance Officer Osowsky mentioned that to date, a permit had been applied for and the violation was corrected. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and assess prosecution costs in the amount of $250.00 payable by the date set for compliance. The public hearing was closed followed by a motion. MOTION: Axelrod/Lasorsa - Moved that the Respondent(s) be found in violation of the Town Code as alleged in the Notice of Violation but is now in compliance. The motion may exclude the assess prosecution cost of $250.00. Based upon roll call: Member Axelrod (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), Member Code Enforcement Board Regular Meeting Minutes Date: October 11, 2022 Page 7 of 7 Perliman (Yes), Member Murray (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. 9. BOARD MEMBERS REPORT None. % ANNOUNCEMENTS Chairperson Schlam read the announcements as follows: October 13, 2022 - 9:30 A.M. Planning Board Regular Meeting October 18, 2022- 1:30 P.M. Town Commission Meeting October 27, 2022 - 11:30 A.M. Financial Advisory Board Regular Meeting November 09, 2022 - 1:00 P.M. Code Enforcement Board Regular Meeting 11. ADJOURNMENT The meeting adjourned at 1:37 P.M. APPROVED Nov 09, 2022, Code Enforcement Regular Meeting 0 oQ� fo�'�y �v'�Y✓ �ll-� �' � yles B. Schlam, Chairperson ATTEST: or ���, Transcribed by: Ganelle Thompson # �FI�P November, 2022 �PhoF nelle Thompson Administrative Support Specialist Date Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the event of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town's Media Archives & Minutes webpage: https://highlandbeach-fl.municodemeetings.com