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2023.11.14_CEB_Minutes_RegularaTOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Library Community Room Date: November 14, 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 Robert Lasorsa Board Member James Murray Vice Chairperson Jane Perlow Chairperson Myles Schlam Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ABSENT Board Member Bryan Perilman 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: Murray/Perlow - Moved to approve the agenda as presented which passed 5 to 0. 5. SWEARING IN OF THE PUBLIC Deputy Town Clerk Jaclyn DeHart swore in those giving testimony. Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 Page 2 of 8 6. PUBLIC COMMENT There were no public comments. 7. APPROVAL OF MINUTES A. October 10, 2023 Motion: Murray/Perlow - Moved to approve the minutes of October 10, 2023 which passed 5 to 0. 8. UNFINISHED BUSINESS A. None. 9. NEW BUSINESS A. CASE NO. CC2023-10-011 Monterey House Condominium, Inc. 3114 S. Ocean Blvd. Highland Beach FL, 33487 Code Sections: 30-122 (A) Building Permits Required Violations: Installed Driveway Pavers without a Permit 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. He mentioned that this is a repeat violation of code section 20-122 (A) Building Permits Required. Code Compliance Officer Osowsky Town is asking for repeat violation only for the three days $500 a day for three of the days and to assess prosecution costs in the amount of $250 to be paid within 30 days. Gabriel Darocha, from the construction company, provided comments on the permitting process. Paula Marra, Rosenbaum PLLC Attorneys at Law, who is the attorney for Monterey House Condominium, provided comments on the repeat violation. Motion: Lasorsa/Murray — Moved that the respondent be found in repeat violation of the Town Code as alleged in the Notice of Violation Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 Page 3 of 8 and be ordered to pay a fine of $500.00 and assess prosecution costs in the amount of $250 payable within 30 days. Based upon a roll call, Member Lasorsa (Yes), Member Murray (Yes), Member Cherbini (No), Vice Chairperson Perlow (No), and Chairperson Schlam (Yes). The motion passed on a 3-2 vote. B. CASE NO. CC2023-09-006 James Paris & Karin Mueller 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: 12-1.5 Construction Site Parking; Storage of Materials Violations: Improperly parked construction vehicles. Chairperson Schlam read the title of Item 9.6. 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. Code Compliance Officer Adam Osowsky mentioned that the violation has been corrected. Therefore, the Town recommended that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended assessing prosecution costs in the amount of $250.00 payable within 30 days. Christopher Beale, construction manager, provided comments about parking. The public hearing was closed and 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, Vice Chairperson Perlow (Yes), Member Lasorsa (Yes), Member Murray (Yes), Member Cherbini (Yes), and Chairperson Schlam (Yes). The motion passed on a 5 to 0 vote. C. CASE NO. CC2023-10-010 James Paris & Karin Mueller Paris 1106 Bel Air Dr. B Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 Page 4 of 8 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: 13-2 Unlawful accumulations -Declared nuisance. Overgrowth Violations: Overgrowth. 7th Violation Since August 2022 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. Code Compliance Officer Adam Osowsky mentioned that the violation has been corrected. Therefore, the Town recommended that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended assessing prosecution costs in the amount of $250.00 payable within 30 days. Christopher Beale, construction manager, was present but provided no comments. The public hearing was closed and 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, Vice Chairperson Perlow (Yes), Member Murray (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), and Chairperson Schlam (Yes). The motion passed on a 5 to 0 vote. D. CASE NO. CC2023-09-020 James Paris & Karin Mueller Paris 1106 Bed 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: 12-2(A) Construction site cleanliness; construction site safety, 12-2(B) Construction Site Cleanliness/Construction Site Safety, 12- 2(E) Construction site cleanliness; construction site safety, IPMC 302.1 Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 Page 5 of 8 Sanitation, IPMC 304.1 Exterior Structure- General, and IPMC 308.1 PMC - Rubbish and Garbage. Violations: Dirtidebris from job site in public roadway. 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. Code Compliance Officer Adam Osowsky mentioned that the violation has been corrected. Therefore, the Town recommended that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended assessing prosecution costs in the amount of $250.00 payable within 30 days. Christopher Beale, construction manager, was present but provided no comments. The public hearing was closed and 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, Vice Chairperson Perlow (Yes), Member Murray (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), and Chairperson Schlam (Yes). The motion passed on a 5 to 0 vote. E. CASE NO. CC2023-09-021 AJR GRAND HIGHLAND BEACH LLC 1106 Grand Ct. 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: 12-4 Temporary construction fences. Violations: Porta Potty not screened to code. 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, Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 Page 6 of 8 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. F. CASE NO. CC2023-09-007 Michael Duggan 4229 Tranquility Dr. Highland Beach FL, 33487 PCN: 24-43-47-04-02-005-0170 Legal Description: BEL LIDO LT 17 BLK 5 Code Sections: 12-1.5 Construction Site Parking; Storage of Materials, 16- 4 - Unlawful parking, generally, 28-10 LANDSCAPE Failure to Maintain Landscaping Violations: 1) Unmaintained landscaping 2) Prohibited parking on unapproved surfaces 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. Code Compliance Officer Adam Osowsky mentioned that the violation has been corrected. Therefore, the Town recommended that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended assessing prosecution costs in the amount of $250.00 payable within 30 days. The public hearing was closed and 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, Vice Chairperson Perlow (Yes), Member Murray (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), and Chairperson Schlam (Yes). The motion passed on a 5 to 0 vote. G. CASE NO. CC2023-09-025 Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 Gloria Stuart & Robert Spahr 4225Tranquility Dr. 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: Installing a new A/C without a required permit. Page 7 of 8 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. Code Compliance Officer Adam Osowsky mentioned that the violation has been corrected. Therefore, the Town recommended that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and recommended assessing prosecution costs in the amount of $250.00 payable within 30 days. Robert Spahr, the property owner, was present and provided comments on the permit. The public hearing was closed and 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, Vice Chairperson Perlow (Yes), Member Murray (Yes), Member Lasorsa (Yes), Member Cherbini (Yes), and Chairperson Schlam (Yes). The motion passed on a 5 to 0 vote. 10. ANNOUNCEMENTS Chairperson Schlam read the announcements as follows. November 21, 2023 1:30 PM December 05, 2023 1:30 PM Town Commission Meeting Town Commission Meeting December 12, 2023 1:00 P.M. Code Enforcement Regular Meeting Code Enforcement Board Regular Meeting Minutes Date: November 14, 2023 11. ADJOURNMENT The meeting adjourned at 1:59 P.M. APPROVED December 12, 2023, Code Enforcement ATTEST: NO o .� Ja DeHart De ty Town Clerk Page 8 of 8 ar Meeting Myles B.46hlam, Chairperson Transcribed by: Jaclyn DeHart December 12, 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