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2023.04.11_CEB_Agenda_RegularAGENDA CODE ENFORCEMENT BOARD REGULAR MEETING Tuesday, April 11, 2023 AT 1:00 PM TOWN OF HIGHLAND BEACH, FLORIDA 3614 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us TOWN HALL COMMISSION CHAMBERS 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE 4.APPROVAL OF THE AGENDA 5.SWEARING IN OF THE PUBLIC 6.PUBLIC COMMENT (limited to three (3) minutes per speaker) 7.APPROVAL OF MINUTES A.March 15, 2023 8.UNFINISHED BUSINESS A.CASE NO. CC2022-09-007 Delray Florida Properties LLC 2525 S. Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-46-28-09-000-0140 Legal Description: BYRD BEACH LOT 14 Code Sections: IPMC 507.1 Storm Drainage General Violations: Storm drainage causing a nuisance. Page 1 Agenda – Code Enforcement Board Regular Meeting Tuesday, April 11, 2023, 1:00 PM Page 2 of 3 B. CASE NO. CC2022-11-006 AJR Grand Highland Beach LLC 1006 Grand Ct. Lot 6 Highland Beach FL, 33487 PCN: 24-43-47-09-00-002-0090 Legal Description: 9-47-43, LT 6 & SELY 35.68 FT OF LT 7 UNREC GRAND CAY ESTS IN N 1/2 OF GOVLT 2 AS IN OR10274P1371 Code Sections: FBC SECTION 116.1 Unsafe buildings, structures, equipment, or service systems, 30-24 (11) BUILDING OFFICIAL Violations: Open permit for the installation of a 40,000 -pound, ten-post platform boat lift. 9. NEW BUSINESS A. CASE NO. CC2023-01-036 Jill Giles 4023 S. Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-47-04-00-005-0080 Legal Description: 4-47-43, N 100 FT OF S 445 FT OF GOV LT 5 E OF SR 140 A/K/A CITY LOT NO 47 Code Sections: 30-122 (A) Building Permits Required Violations: Installing a new beach access stairs/posts without a valid permit issued. 10. ANNOUNCEMENTS April 13, 2023 9:30 A.M. Planning Board Regular Meeting April 18, 2023 1:30 P.M. Town Commission Meeting April 26, 2023 11:30 A.M. Financial Advisory Board Regular Meeting May 02, 2023 1:30 P.M. Town Commission Meeting Page 2 Agenda – Code Enforcement Board Regular Meeting Tuesday, April 11, 2023, 1:00 PM Page 3 of 3 11. ADJOURNMENT Any person that decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record including testimony and evidence upon which the appeal is based. (State Law requires the above Notice. Any person desiring a verbatim transcript shall have the responsibility, at his/her own cost, to arrange for the transcript.) The Town neither provides nor prepares such record. There may be one or more Town Commissioners attending the meeting. In accordance with the Americans with Disabilities Act (ADA), persons who need accommodation in order to attend or participate in this meeting should contact Town Hall at (561) 278-4548 within a reasonable time prior to this meeting in order to request such assistance. Page 3 File Attachments for Item: A. March 15, 2023 Page 4 TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Town Hall / Commission Chambers Date: March 15, 2023 3614 South Ocean Boulevard Highland Beach, Florida 33487 Time: 1:00 PM 1. CALL TO ORDER Chairperson Schlam called the meeting to order at 1:00 P.M. 2. ROLL CALL Board Member Michael Cherbini Board Member Bryan Perilman Board Member Robert Lasorsa Board Member David Axelrod Board Member James Murray Vice Chairperson Jane Perlow Chairperson Myles Schlam Town Attorney Leonard Rubin Administrative Support Specialist Jaclyn DeHart 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. APPROVAL OF THE AGENDA Motion: Axelrod/Perlow - Moved to approve the agenda as presented which passed unanimously 7 to 0. 5. SWEARING IN OF THE PUBLIC Ms. DeHart swore in those giving testimony. 4. PUBLIC COMMENT There were no public comments. Page 5 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 2 of 8 5. APPROVAL OF MINUTES A. February 14, 2023 Motion: Perilman/Axelrod - Moved to minutes of February 14, 2023 which passed unanimously 7 to 0. 6. UNFINISHED BUSINESS A. None. 7. NEW BUSINESS A. CASE NO. CC2022-12-010 Donal Cassidy & Kathleen Sherry-Cassidy 1013 Bel Air Dr. Highland Beach FL, 33487 PCN: 24-43-47-04-23-000-0010 Legal Description: LLORET DE MAR COND UNIT 1 Code Sections: 30-122 (A) Building Permits Required Violations: Interior demolition/remodel without required 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 Complia nce 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 checked the computer during the hearing and said 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 to assess prosecution costs in the amount of $250.00 payable set by the date for compliance. Kathleen Sherry-Cassidy, owner, spoke about the violation in regard to water leaks and damage. The public hearing was closed and followed by a motion. Page 6 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 3 of 8 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 3 0 days. Based upon a roll call, Vice Chairperson Perlow (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Axelrod (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. B. CASE NO. CC2022-12-025 Dean Jackson 3215 S. Ocean Blvd. 1006 Highland Beach FL, 33487 PCN: 24-43-46-33-11-003-1006 Legal Description: AMBASSADORS V NORTH COND BLDG 3 APT 1006 Code Sections:30-122 (A) Building Permits Required Violations: Mechanical work done without permit Chairperson Schlam read the title of Item 9.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 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 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 to assess prosecution costs in the amount of $250.00 payable set by the date for compliance. Dean Jackson, owner, spoke about the updated permit and the work that was done. Michael Silva, contractor, spoke on the permit and the scope of the work to be done. The public hearing was closed and followed by a motion. Page 7 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 4 of 8 Motion: Axelrod/Lasorsa – Moved that there was no violation of the Town Code as alleged in the Notice of Violation, Based upon a roll call, Member Axelrod (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), Member Murray (Yes), Vice Chair Person Perlow ( Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. C. CASE NO. CC2023-01-016 Alan & Patti Masarek 3515 S. Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-46-33-00-004-0140 Legal Description: 33-46-43, N 60 FT OF S 770 FT OF GOV LT 4 LYG E OF SR 140 A/K/A CITY LOT NO 83 Code Sections: 30-122 (A) Building Permits Required Violations: a/c work being done without a permit. 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 Enforcement Office Adam Osowsky stated that there was an issue with mailing service and the property has been brought into compliance and that the case is closed. D. CASE NO. CC2023-01-026 Nuha Kahok 2575 S. Ocean Blvd. 102S Highland Beach FL, 33487 PCN: 24-43-46-28-47-002-1020 Legal Description: TOWNHOUSES OF HIGHLAND BEACH COND BLDG SOUTH UNIT 102-S Code Sections: 30-122 (A) Building Permits Required Violations: installing wiring to tankless water heater without permit 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. Page 8 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 5 of 8 Code Compliance Officer Adam Osowsky stated that the property has been brought into compliance since the Notice of Hearing and that the case is closed. E. CASE NO. CC2023-01-034 Laura & Robin Sax 4011 S. Ocean Blvd Highland Beach FL, 33487 PCN: 24-43-47-04-00-005-0040 Legal Description: 4-47-43, S 100 FT OF N 700 FT OF GOV LT 5 E OF A-1-A A/K/A CITY LOT NO 50 Code Sections: 30-122 (A) Building Permits Required Violations: Built/Installed/Erected new rear stairs/posts in/above sand dune for beach access without required town 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 fo r Code Compliance Officer Osowsky to give testimony and recommendations regarding the violation. Code Compliance Officer Adam Osowsky stated that the property has been brought into compliance since the Notice of Hearing and that the case is closed. F. CASE NO. CC2023-01-020 David & Linda Goldberg 3401 S. Ocean Blvd. 2 Highland Beach FL, 33487 PCN: 24-43-46-33-43-000-0020 Legal Description: RIDGE CONDO UNIT 2 Code Sections: 30-122 (A) Building Permits Required Violations: Electric- As- Built without required permit 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 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 Page 9 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 6 of 8 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 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. The public hearing was closed and followed by a motion. Motion: Perlow/Cherbini - 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 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 a roll call, Vice Chairperson Perlow (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), Member Axelrod (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed 7 to 0. G. CASE NO. CC2023-02-005 1105 Bel Air LLC 1105 Bel Air Dr. C Highland Beach FL, 33487 PCN: 24-43-47-04-44-000-0030 Legal Description: BEL LIDO ESTATES COND UNIT 3 Code Sections: 30-122 (A) Building Permits Required Violations: Interior remodel, including but not limited to flooring and bathroom remodel, without permits 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, 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. Page 10 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 7 of 8 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 to assess prosecution costs in the amount of $250.00 payable set by the date for compliance. Berno Mariniti, contractor, provided comments on the violation. The public hearing was closed and followed by a motion. Motion: Perlow/Axelrod - 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, Vice Chairperson Perlow (Yes), Member Axelrod (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed on a 7 to 0 vote. 8. ANNOUNCEMENTS Chairperson Schlam read the announcements as follows: March 21, 2023 1:30 P.M. Town Commission Special Meeting April 4, 2023 1:30 P.M. Town Commission Meeting April 11, 2023 1:00 P.M. Code Enforcement Board Regular Meeting April 13, 2023 9:30 A.M. Planning Board Regular Meeting Page 11 Code Enforcement Board Regular Meeting Minutes Date: March 15, 2023 Page 8 of 8 9. ADJOURNMENT The meeting adjourned at 1:32 P.M. APPROVED April 11, 2023, Code Enforcement Regular Meeting _________________________________ Myles B. Schlam, Chairperson ATTEST: Transcribed by: Jaclyn DeHart April 11, 2023 ____________________________________ _____________________________ Jaclyn DeHart Date Administrative Support Specialist 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 Page 12 File Attachments for Item: A. CASE NO. CC2022-09-007 Delray Florida Properties LLC 2525 S Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-46-28-09-000-0140Legal Description: BYRD BEACH LOT 14 Code Sections: IPMC 507.1 Storm Drainage General Violations: Storm drainage causing a nuisance. Page 13 Page 14 www.highlandbeach.us Tel (561) 278-4540 • Fax (561) 278-2606 Town of Highland Beach Building Department 3616 South Ocean Boulevard • Highland Beach, Florida 33487 NOTICE OF HEARING CASE NO. CC2022-09-007 Date: March 3, 2023 Delray Florida Properties LLC 200 Campbell Drive, Suite 200 Willingboro, NJ 08046 RE: 2525 S Ocean Blvd, Highland Beach FL 33487 YOU ARE HEREBY NOTIFIED that pursuant to your request , the Code Enforcement Board will be conducting a hearing on Tuesday, April 11, 2023, at 1:00 P.M.. _____________________ Adam Osowsky Code Compliance Officer Page 15 Page 16 Page 17 Page 18 File Attachments for Item: B. CASE NO. CC2022-11-006 AJR Grand Highland BeachLLC 1006 Grand Ct. Lot 6Highland Beach FL, 33487 PCN: 24-43-47-09-00-002-0090 Legal Description: 9-47-43, LT 6 & SELY 35.68 FT OF LT 7 UNREC GRAND CAY ESTS IN N 1/2 OF GOVLT 2 AS IN OR10274P1371 Code Sections: FBC SECTION 116.1 Unsafe buildings, structures, equipment, or service systems, 30-24 (11) BUILDING OFFICIAL Violations: Open permit for the installation of a 40,000-pound, ten-post platform boat lift. Page 19 1 Adam Osowsky From:Adam Osowsky Sent:Friday, March 3, 2023 9:27 AM To:JERRY RUGGIRELLO Subject:RE: 1006 Grand Ct code violation Good morning, As requested, I have scheduled you for the April 11, 2023, hearing at 1pm. The hearing will be located once at in the council chambers in Town Hall. This email will act as your official Notice of Hearing. Respectfully, Adam Osowsky Code Compliance Officer Town of Highland Beach 3616 S. Ocean Boulevard Highland Beach, FL 33487 (561) 278-4540 Office (561) 278-2606 Fax www.highlandbeach.us PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from the Town of Highland Beach officials and employees regarding public business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. The views expressed in this message may not necessarily reflect those of the Town of Highland Beach. Page 20 2 -----Original Message----- From: JERRY RUGGIRELLO <jerry1031@aol.com> Sent: Thursday, March 2, 2023 3:14 PM To: Adam Osowsky <aosowsky@highlandbeach.us> Cc: Jeff Remas <bco@highlandbeach.us> Subject: 1006 Grand Ct code violation Mr. Osowsky, It was a pleasure meeting with you and Mr. Remas this morning. I found you both to be very informative and helpful. I am requesting to be placed on the agenda for a Fine Reduction Hearing at the next opportunity. You mentioned that it may be too late for the March Meeting and it may need to occur on April 11. In any event, if you or someone from your staff could inform me of which date, I will gladly be there with supporting documentation to plead my request. I thank you in advance. Sincerely, Jerome Ruggirello 1006 Grand Ct Homeowner Page 21 Page 22 Page 23 File Attachments for Item: A. CASE NO. CC2023-01-036 Jill Giles 4023 S. Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-47-04-00-005-0080 Legal Description: 4-47-43, N 100 FT OF S 445 FT OF GOV LT 5 E OF SR 140 A/K/ A CITY LOT NO 47 Code Sections: 30-122 (A) Building Permits Required Violations: Install new beach access stairs/posts without a valid permit issued. Page 24 Page 25 Page 26 Property Detail Location Address 4023 S OCEAN BLVD Municipality HIGHLAND BEACH Parcel Control Number 24-43-47-04-00-005-0080 Subdivision Official Records Book 33347 Page 458 Sale Date FEB-2022 Legal Description 4-47-43, N 100 FT OF S 445 FT OF GOV LT 5 E OF SR 140 A/K/A CITY LOT NO 47 Owner Information Owners GILES JILL Mailing address 4023 S OCEAN BLVD HIGHLAND BEACH FL 33487 3306 Sales Information Sales Date Price OR Book/Page Sale Type Owner FEB-2022 $14,250,000 33347 / 00458 WARRANTY DEED GILES JILL DEC-2013 $3,795,000 26489 / 00702 WARRANTY DEED INSKEEP MATHEW J & JAN-2009 $100 23038 / 00548 CERT OF TITLE RAP KNIFORE LLC FEB-2000 $2,200,000 11653 / 01793 WARRANTY DEED KNIGHT WILLIAM L JAN-1978 $115,000 02799 / 00066   JAN-1974 $85,000 02371 / 01016 WARRANTY DEED   Exemption Information Applicant/Owner Year Detail GILES JILL 2023 HOMESTEAD GILES JILL 2023 ADDITIONAL HOMESTEAD Property Information Number of Units 1 *Total Square Feet 7032 Acres 0.6457 Use Code 0100 - SINGLE FAMILY Zoning RS - Residential Single Family ( 24-HIGHLAND BEACH ) Appraisals Tax Year 2022 2021 2020 Improvement Value $1,400,594 $1,176,117 $1,054,988 Land Value $6,336,300 $4,800,300 $4,400,300 Total Market Value $7,736,894 $5,976,417 $5,455,288 All values are as of January 1st each year Assessed and Taxable Values Tax Year 2022 2021 2020 Assessed Value $4,069,234 $3,950,713 $3,896,167 Exemption Amount $50,000 $50,000 $50,000 Taxable Value $4,019,234 $3,900,713 $3,846,167 Taxes Tax Year 2022 2021 2020 Ad Valorem $66,036 $66,292 $66,658 Non Ad Valorem $184 $178 $173 Total tax $66,220 $66,470 $66,831 Dorothy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 27 Page 28 Page 29 Failure to comply by the above date will result, without any further notice, in you being summoned to appear before the town Code Enforcement board, which can result in a fine against the violator & property in the amount of $250.00 per day for each day the violation exists. Your anticipated cooperation is greatly appreciated and simple compliance will resolve this matter easier than the formal process. Should you have any questions, please contact the Code Compliance Officer for a reinspection at 561-351-6169 or the Town of Highland Beach Building Dept. at 561-278-4540. 30-122 (A) Building Permits Required All construction within the Town of Highland Beach, unless otherwise exempted, shall require a building permit issued pursuant to the provisions of this code. All building permits shall be issued by the building official or designee. Violation: Install new beach access stairs/posts without a valid permit issued. Correction: Must obtain ALL required permits by 2/14/23. 4023 S OCEAN BLVD HIGHLAND BEACH FL, 33487 Complaint Description: Location : JILL GILES, RE: Code Compliance Case No. CC2023-01-036 GILES JILL 4023 S OCEAN BLVD Highland Beach, FL 33487-3306 January 31, 2023 Regards, Adam Osowsky Code Compliance Officer 5613516169 Printed 01/31/2023 Page 1 of 1 Town of Highland Beach 3616 South Ocean Blvd. Highland Beach, Fl 33487 Phone: 561-278-4540 Fax: 561-278-2606 Page 30 Evidence Sheet Case Number: CC2023-O1-O36 Property Address: 4023 S Ocean Blvd Officer: Adam Osowsky Page 31 Evidence Sheet Case Number: CC2023-O1-O36 Property Address: 4023 S Ocean Blvd Officer: Adam Osowsky Page 32