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2022.12.13_CEB_Minutes_RegularaTOWN OF HIGHLAND BEACH TOWN CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: December 13, 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:OOP.M. 2. ROLL CALL Board Member Robert Lasorsa Board Member Michael Cherbini Board Member Bryan Perilman Board Member James Murray Vice Chairperson Jane Perlow Chairperson Myles Schlam Town Attorney Leonard Rubin Administrative Support Specialist Jaclyn DeHart Absent Board Member David Axelrod 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. 4. APPROPVAL OF THE AGENDA MOTION: Perilman/Cherbini - Moved to approve the agenda as presented, which passed unanimously 6 to 0. 5. SWEARING IN OF THE PUBLIC Mrs. DeHart swore in those giving testimony. Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 2 of 10 6. PUBLIC COMMENT (limited to three (3) minutes per speaker) There were no public comments. 7. APPROVAL OF MINUTES A. November 9, 2022 MOTION: Perlow/Murray- Moved to approve the minutes, which passed unanimously 6 to 0. 8. UNFINISHED BUSINESS A. CASE NO. CC2022-06-007 Albert J Brok Trust 3700 S. Ocean Blvd. 805 Highland Beach FL, 33487 PCN: 24-43-47-04-51-001-0805 Legal Description: TOSCANA NORTH COND UNIT 805 Code Sections: 30-122 (A) Building Permits Required Violations: Observed AC changeout without permit Chairperson Schlam read the title of Item 8.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. 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 and recommended waving the prosecution costs in the amount of $250.00 Albert Brok provided comments about the violation on the property. The public hearing was closed followed by a motion. Motion: Perlow/Lasorsa - Moved that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation but is now in Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 3 of 10 compliance and that a do not repeat order be issued which passed unanimously 6 to 0. 9. NEW BUSINESS A. CASE NO. CC20222-10-006 Michael & Magdalena Radu 1091 Bel Lido Dr. Highland Beach FL, 33487 PC N:24-43-47-04-02-005-0030 Legal Description: BEL LIDO LT 3 BLK 5 Code Sections: 30-122 (A) Building Permit Required Violations: Installation of paver bricks without permits 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. Code Compliance Officer Osowsky mentioned that the violations continue to exist, but the owner has applied for a permit that is currently under plan review. 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. The public hearing was closed followed by a motion Motion: Lasorsa/Perlow - Moved that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 15 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 a roll call. Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 4 of 10 Murray (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 6 to 0 vote. B. CASE NO. CC2022-10-027 Karin Mueller/Paris & James Paris 1106 Bel Air Dr. B Highland Beach, FL 33487 PCN:24-43-47-04-03-000-0072 Legal Description: HIGHLAND BEACH ISLES E 61.59 FT OF LT 7 Code Sections: 30-122 (B) Expiration of building permit;17-3 NUISANCES Nuisance; 28-10 LANDSCAPE Failure to Maintain Landscaping; IPMC 303.1 Swimming pools; IPMC 303.2 Swimming pool enclosures Violations: Expired permits; Overgrowth; Unsecure construction fence; open and exposed pool; dirty pool water Chairperson Schlam read the title of Item 9.13. 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. Code Compliance Officer Adam Osowsky mentioned that today they are only looking at the dirty pool violation, which continues to exist. The other violations were moved to Case NO CC2022-11-019. 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. Chris Belle, the property's contractor, provided comments about the violation on the property The public hearing was closed followed by a motion Motion: Lasorsa/Cherbini - Moved that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 15 days or be fined Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 5 of 10 $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 a roll call. Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Murray (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 6 to 0 vote. C. CASE NO. CC2022-10-014 Jordan Cohen 1123 Highland Beach Dr. 3 Highland Beach FL, 33487 PCN: 24-43-47-04-02-002-0223 Legal Description: BEL LIDO TH PT OF LT 22 K/A UNIT 3 BLK 2 Code Sections: 34-5 (A) Application for Vacation Rental Certificate Violations: Unregistered Vacation Rental Chairperson Schlam read the title of Item 9.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, website printouts of vacation rental, and paper postings at the property address and at Town Hall. Code Compliance Officer Adam Osowsky mentioned that the violation remains. The property owner has submitted an application that is being reviewed, and a rental inspection is also required. 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. Jordan Cohen provided comments about the violation on the property. The public hearing was closed followed by a motion. Motion: Perlow/Murray - Moved that the Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 15 days or be fined $250.00 per day for Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 6 of 10 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 a roll call. Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Murray (Yes) Vice Chairperson Perlow (Yes) and Chairperson Schlam (Yes). The motion passed on D. .CASE NO. CC2022-10-022 3200 SEAGATE LLC 3200 S. Ocean Blvd. Highland Beach, FL 33487 PCN :24-43-46-33-00-001-0210 Code Sections: 12-6 Hours of Construction 6 to 0 vote. Violations: Construction workers arriving/setting up before the allowed time by code Chairperson Schlam read the title of Item 9.D. 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 closed the case and pulled it from the hearing, citing computer issues with incorrect parcel information. Town Attorney Leonard Rubin mentioned that no further action was necessary. E. CASE NO. CC2022-10-020 Jordan Cohen 1119 Highland Beach Dr. 3 Highland Beach FL, 33487 PCN: 24-43-47-04-02-002-0214 Legal Description: BEL LIDO TH PT OF LT 21 K/A WEST UNIT BLDG 2 BLK 2 Code Sections: 34-5 (A) Application for Vacation Rental Certificate Violations: Unregistered Vacation Rental Chairperson Schlam read the title of Item 9.E. 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 Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 7 of 10 service, supporting documents, website printouts of vacation rental, and paper postings at the property address and at Town Hall. Code Compliance Officer Adam Osowsky mentioned that the violation remains. The property owner has submitted an application that is being reviewed, and a rental inspection is also required. Therefore, the Town recommends that the Respondent 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. The public hearing was closed followed by a motion Motion: Lasorsa/Murray -Moved that Respondent be found in violation of the Town Code as alleged in the Notice of Violation and that they be ordered to comply within 15 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 a roll call. Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Murray (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 6 to 0 vote. F. CASE NO. CC2022-10-007 1114 Bel Air LLC 1114 Bel Air Dr. 1 Highland Beach FL, 33487 PCN: 24-43-47-04-03-000-0090 Legal Description: HIGHLAND BEACH ISLES LOT 9 Code Sections: 12-2(B) Construction Site Cleanliness/Construction Site Safety; 12-2(E) Construction site cleanliness; construction site safety; 12-2(E) Construction site cleanliness; construction site safety; 12-4 Temporary construction fences; 12-4(D)(2) Temporary Construction Fence Maintenance; IPMC 14-35(A) PMC - Rubbish and Garbage Violations: Open storage; improper construction fence and site cleanliness Chairperson Schlam read the title of Item 9.F. 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: December 13, 2022 Page 8 of 10 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. Code Compliance Officer Adam Osowsky mentioned that the violations have been corrected. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended to assess prosecution costs in the amount of $250.00 payable within 30 days. The public hearing was closed followed by a motion. Motion: Perlow/Lasorsa - Moved that the Respondents 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 issue and assess prosecution costs in the amount of $250.00 payable within 30 days. Based upon a roll call. Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Murray (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 6 to 0 vote. G. CASE NO. CC2022-11-005 William & Suzanne Fleming TR TITL HLDRS 1053 Boca Cove Ln. Highland Beach, FL 33487 PC N:24-43-47-04-01-000-1146 Legal Description: DELRAY-BY-THE-SEA TH PT OF LTS 114 & 115 & TH PT OF FLORIDA AVE AS INOR5635 P1243 A/K/A UNIT 6 BLDG 2 BOCA COVE Code Sections: 30-122 (A) Building Permits Required Violations: A/C changeout without permit Chairperson Schlam read the title of Item 9.G. 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, website printouts of vacation rental, and paper postings at the property address and at Town Hall. Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 Page 9 of 10 Code Compliance Officer Adam Osowsky mentioned that the violation has been corrected. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended and to assess prosecution costs in the amount of $250.00 payable within 30 days. William Fleming provided comments about the violation on the property. The public hearing was closed followed by a motion. Motion: Perlow/Murray - Moved that the Respondents 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 issue and assess prosecution costs in the amount of $250.00 payable within 30 days. Based upon a roll call. Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Murray (Yes), Vice Chairperson Perlow (Yes), and Chairperson Schlam (Yes). The motion passed on a 6 to 0 vote. ANNOUNCEMENTS Chairperson Schlam read the announcements as follows: December 13, 2022- 6:00 P.M. Public Meeting Accessory Marine Facility Regulations: December 15, 2022 — 5:OOP.M.-7:30 P.M.- Mingle and Jingle Food Truck Event December 23, and 26,2022 Town Hall Closed in observance of Christmas Holiday January 02, 2023 Town Hall Closed in observance of New Year's Holiday Code Enforcement Board Regular Meeting Minutes Date: December 13, 2022 9. ADJOURNMENT The meeting adjourned at 1:54 P.M. APPROVED January 10, 2023, Code ATTEST: 32 oa 0R��•.;%8�1 01 1949 i= FCORIDP istrative Support Specialist Page 10 of 10 Myles B. Schlam, Chairperson Transcribed by: Jaclyn DeHart January 10, 2023 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