2023.05.09_CEB_Minutes_RegularaTOWN OF HIGHLAND BEACH
CODE ENFORCEMENT BOARD REGULAR
MEETING MINUTES
LIBRARY COMMUNITY ROOM Date: May 09, 2023
3618 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 Michael Cherbini
Vice Chairperson Jane Perlow
Chairperson Myles Schlam
Town Attorney Leonard Rubin
Deputy Town Clerk Jaclyn DeHart
ABSENT
Board Member David Axelrod
Board Member Robert Lasorsa
Board Member Bryan Perilman
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: Murray/Perlow - Moved to approve the agenda as presented which
passed unanimously 4 to 0.
5. SWEARING IN OF THE PUBLIC
Deputy Town Clerk Jaclyn DeHart swore in those giving testimony.
6. PUBLIC COMMENT
There were no public comments.
Code Enforcement Board Regular Meeting Minutes
Date: May 09, 2023 Page 2 of 5
7. APPROVAL OF MINUTES
A. April 11, 2023
Motion: Cherbini/Murray- Moved to approve the minutes of April 11, 2023,
which passed unanimously 4 to 0.
8. UNFINISHED BUSINESS
A. CASE NO. CC202-10-032
Mandalco LLC
1121 Bel Air Dr.
Highland Beach FL, 33487
PCN: 24-43-47-04-03-001-0100
Legal Description: BEL LIDO LT 10 BLK 1
Code Sections: 30-122 (A) Building Permits Required
Violations: Exterior work to balcony/railing 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 Osowsky provided a brief timeline of the facts since the
hearing. The property was out of compliance for 85 days past the date set for
compliance. The fine total is $21,250. The property is now in compliance.
Lorena Moscoso, real estate agent for the property, gave testimony about the
violation and the timeline of events that transpired after the hearing. She
requested a reduction in fines.
Motion: Perlow/Murray - Moved to reduce the respondents fine to
$10,000.00 payable within 30 days of the date of the hearing or the
fine shall revert to the original amount of $21,250.00. Based up a
roll call, Vice Chairperson Perlow (Yes), Member Murray (Yes),
Member Cherbini (Yes), and Chairperson Schlam (Yes). The motion
passed 4 to 0.
9. NEW BUSINESS
A. CASE NO. CC2023-03-007
Michael Duggan
4229 Tranquility Dr.
Highland Beach FL, 33487
Code Enforcement Board Regular Meeting Minutes
Date: May 09, 2023 Page 3 of 5
PCN: 24-43117-04-02-005-0170
Legal Description: BEL LIDO LT 17 BLK 5
Code Sections: 12-2(B) Construction Site Cleanliness/Construction Site
Safety, 12-4 Temporary construction fences, IPMC 14-35(A) PMC - Rubbish and
Garbage
Violations: Construction/Building material not screened to code.
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 stated that the property has been
brought into compliance since the Notice of Hearing and the case is closed.
B. CASE NO. CC2023-02-014
Margaret Oumano
2565 S. Ocean Blvd. 303N
Highland Beach FL, 33487
PCN: 24-43-46-28-47-001-3030
Legal Description: TOWNHOUSES OF HIGHLAND BEACH COND BLDG
NORTH UNIT 303-N
Code Sections: 30-122 (B) Expiration of building permit, IPMC 14-35(A) PMC
Rubbish and Garbage, IPMC 304.3 Premises identification -Address numbers
Violations: Expired Permit, Missing address numbers, open store of
trash/debris/construction material
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 violations remain.
Therefore, the Town recommends that the Respondents be found in violation of
the Town Code as alleged in the Notice of Violation, and the violator be fined
$250.00 per day for each day the violations remain after the date set for
Code Enforcement Board Regular Meeting Minutes
Date: May 09, 2023
Page 4 of 5
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: 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 30 days or be fined $250.00 per day for each
day the violations remain 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 Murray (Yes), and Chairperson
Schlam (Yes). The motion passed 4 to 0.
C. CASE NO. CC2023-04-010
Theodore Harwood
1032 Russell Dr.
Highland Beach FL, 33487
PCN: 24-43-47-04-01-000-1052
Legal Description: DELRAY-BY-THE-SEA TH PT OF LT 105 IN OR2759P234
A/K/A UNIT 57 BOCA COVE
Code Sections: 24-3(B) Storage and collection - Time
Violations: Garbage/recycle cans out during prohibited time.
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 stated that the property has been
brought into compliance since the Notice of Hearing and the case is closed.
% ANNOUNCEMENTS
Chairperson Schlam read the announcements as follows.
May 11, 2023 9:30 A.M
May 16, 2023 1:00 P.M.
June 06, 2023 1:00 P.M.
June 08, 2023 9:30 A.M
Planning Board Regular Meeting
Town Commission Meeting
Town Commission Meeting
Planning Board Regular Meeting
Code Enforcement Board Regular Meeting Minutes
Date: May 09, 2023
11. ADJOURNMENT
The meeting adjourned at 1:26 P.M.
APPROVED June 13, 2023
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Deputy Town Clerk
Page 5 of 5
Code Enforcement Regular Meeting
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Transcribed by: Jaclyn DeHart
June 13, 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