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2023.07.11_CEB_Minutes_Regular0 TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Library Community Room Date: July 11, 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 Michael Cherbini (virtual) 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 (virtual) Deputy Town Clerk 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/Perilman - Moved to approve the agenda as presented which passed 7 to 0. S. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. 6. PUBLIC COMMENT Mike Oumano, Town Houses of Highland Beach, requested the names of the Board Members and Town Attorney before he left the meeting. Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 2 of 9 7. APPROVAL OF MINUTES A. June 13, 2023 Motion: Axelrod/Perliman - Moved to approve the minutes of June 13, 2023 which passed 7 to 0. 8. UNFINISHED BUSINESS A. None NEW BUSINESS A. CASE NO. CC2023-05-005 Margaret Oumano 2565 S. Ocean Blvd. Unit 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: IPMC 308.1 PMC - Rubbish and Garbage Violations: Open storage of trash/debris/construction material. 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 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. The property owner's son, Mike Oumano, gave comments on the violation. Alex Petrurowski provided comments about a previous code violation. The public hearing was closed followed by a motion. Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 3 of 9 Motion: Axelrod/Perlow - 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 Axelrod (Yes), Vice Chairperson Perlow (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. B. CASE NO. CC2023-05-001 Clarendon Condo Association 3407 S. Ocean Blvd. Condo Highland Beach FL, 33487 PC N:24-43-46-33-22-000-0000 Code Sections: 30-122 (A) Building Permits Required Violations: Building Management replaced piping behind walls inside unit 10C without a valid 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 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 Board Members were given an email correspondence from John Shoemaker, President of the Clarendon Condominium Association, that provided comments about management changeover in relation to the violation. Timothy Favors, Association Manager, gave comments on the violation and the timeline of events. The public hearing was closed followed by a motion. Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 4 of 9 Motion: Perlow/Axelrod - 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 Axelrod (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed 7 to 0. C. CASE NO. CC2023-04-035 A. Borg Family Trust 2921 S. Ocean Blvd. Unit 701 Highland Beach FL, 33487 PC N:24-43-46-33-35-000-7010 Legal Description: HIGHLAND TOWERS INC APT 701 Code Sections: 30-122 (A) Building Permits Required Violations: Interior remodel without permits. 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, 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 followed by a motion Motion: Axelrod/Perlow - 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, Member Axelrod (Yes), Vice Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 5 of 9 Chairperson Perlow (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed 7 to 0. D. CASE NO. CC2023-05-004 Karon Hylton 3100 S. Ocean Blvd. Unit 3160 Highland Beach FL, 33487 PCN:24-43-46-33-05-000-3160 Legal Description: PENTHOUSE HIGHLANDS APT 316 Code Sections: 30-122 (A) Building Permits Required, 12-2(B) Construction Site Cleanliness/Construction Site Safety, 12-2(E) Construction site cleanliness; construction site safety, IPMC 302.1 Sanitation Violations: Complete interior demolition and remodel without required town permits. 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 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 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. Brian Antonelli, a representative for Mr. Hylton, provided comments about the violation and the issues with the contractor in refence to communication about permits. He thanked Code Enforcement Officer Adam Osowsky for his professional communication. The public hearing was closed followed by a motion. Motion: Perlow/Perilman - 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 Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 6 of 9 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 Perilman (Yes), Member Cherbini (Yes), Member Lasorsa (Yes), Member Axelrod (Yes), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed 7 to 0. E. CASE NO. CC2023-05-021 Eugenia and Themistokies Theodosopoulos 3700 S. Ocean Blvd. Unit 807 Highland Beach FL, 33487 PCN :24-43-47-04-51-001-0807 Legal Description: TOSCANA NORTH COND UNIT 807 Code Sections: 30-122 (A) Building Permits Required Violations: No Submittals since February. Permit not issued APP23- 0403=Replace electric water heater. 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 service, supporting documents, 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. Themistokies Theodosopoulos was sworn in by Jaclyn DeHart, Deputy Town Clerk. He provided comments about the violation and asked for a longer time to comply with the violation. The public hearing was closed followed by a motion. Motion: Perlow/Axelrod - 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 Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 7 of 9 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 Axelrod (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (No), Member Murray (Yes), and Chairperson Schlam (Yes). The motion passed 6 to 1. F. CASE NO. CC2023-06-003 Carl and Rashmi Benda 4203 Tranquility Dr. Highland Beach FL, 33487 PCN:24-43-47-04-02-005-0120 Legal Description: BEL LIDO LT 12 BLK 5 Code Sections: 12-4 Temporary construction fences. Violations: Dumpster not screened to code. 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 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. The public hearing was closed followed by a motion. Motion: Axelrod/Perlow - 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 Axelrod (Yes), Vice Chairperson Perlow (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. G. CASE NO. CC2023-05-035 Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 8 of 9 Jordan Cohen 1119 Highland Beach Dr. 2 Highland Beach FL, 33487 PC N:24-43-47-04-02-002-0212 Legal Description: BEL LIDO TH PT OF LT 21 K/A NORTH UNIT BLDG 1 BLK 2 Code Sections: 34-5 (A) Application for Vacation Rental Certificate Violations: Unregistered Vacation Rental Chairperson Schlam read the title of Item 9.G. and asked the Board members ii 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, 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 followed by a motion. Motion: Perlow/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 14 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 Murray (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), Member Axelrod (Yes), and Chairperson Schlam (Yes). The motion passed 7 to 0. 8. ANNOUNCEMENTS Chairperson Schlam read the announcements as follows. July 13, 2023 9:30 A.M. Planning Board Regular Meeting Code Enforcement Board Regular Meeting Minutes Date: July 11, 2023 Page 9 of 9 July 18, 2023 1:30 P.M. Town Commission Special Meeting July 27, 2023 11:30 A.M. August 01, 2023 1:30 P.M. August 08, 2023 1:00 P.M. 9. ADJOURNMENT The meeting adjourned at 2:06 P.M. Financial Advisory Board Meeting Town Commission Meeting Code Enforcement Regular Meeting APPROVED August 08, 2023, Code Enforcement ATTEST: 1949 *-`......... k%, FLORA, /ALP en .I Jacly DeHart Deputly Town Clerk J�C Myles B. Schlam, hairperson Transcribed by: Jaclyn DeHart August 08, 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