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2024.01.09_CEB_Agenda_RegularAGENDA CODE ENFORCEMENT BOARD REGULAR MEETING Tuesday, January 09, 2024 AT 1:00 PM TOWN OF HIGHLAND BEACH, FLORIDA 3618 S. OCEAN BOULEVARD HIGHLAND BEACH, FL 33487 Telephone: (561) 278-4548 Website: www.highlandbeach.us LIBRARY COMMUNITY ROOM 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. December 12, 2023 8. UNFINISHED BUSINESS A. CASE NO. CC2023-02-014 Fine Reduction Request 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: 30-122 (B) Expiration of building permit, IPMC 304.3 Premises identification- Address numbers Page 1 Agenda – Code Enforcement Board Regular Meeting Tuesday, January 09, 2024, 1:00 PM Page 2 of 2 Violations: Expired Permit and Missing address numbers. 9. NEW BUSINESS A. None. 10. ANNOUNCEMENTS January 11, 2024 9:30 AM Planning Board Regular Meeting January 15, 2024 Town Hall Closed in Observance of Martin Luther King Jr. Day February 06, 2024 1:30 PM Town Commission Meeting February 13, 2023 1:00 PM Code Enforcement Board Meeting 11. ADJOURNMENT Any person that decides to appeal any decision made by the Board of Adjustment & Appeals 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 2 File Attachments for Item: A. December 12, 2023 Page 3 TOWN OF HIGHLAND BEACH CODE ENFORCEMENT BOARD REGULAR MEETING MINUTES Library Community Room 3618 South Ocean Boulevard Highland Beach, Florida 33487 Date: December 12, 2023 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 James Murray Vice Chairperson Jane Perlow Chairperson Myles Schlam Town Attorney Leonard Rubin Deputy Town Clerk Jaclyn DeHart ABSENT Board Member David Kaufman 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 6 to 0. 5. SWEARING IN OF THE PUBLIC Ms. DeHart swore in those giving testimony. 4. PUBLIC COMMENT There were no public comments. Page 4 Code Enforcement Board Regular Meeting Minutes Date: December 12, 2023 Page 2 of 5 5. APPROVAL OF MINUTES A. November 14, 2023 Motion: Perlow/Murray - Moved to approve the minutes of November 14, 2023 which passed 6 to 0. 6. UNFINISHED BUSINESS A. CASE NO. CC2023-02-014 Fine Reduction Request 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: 30-122 (B) Expiration of building permit, IPMC 304.3 Premises identification- Address numbers Violations: Expired Permit and Missing address numbers. Chairperson Schlam read the title of 8.A. and mentioned that this item was tabled on August 08, 2023 and brought back on October 10, 2023 and tabled again because the requestor was not present. He asked the Board members if they had any ex parte communications to disclose in the matter? Hearing none he reopened the fine reduction hearing and called for Code Compliance Officer Osowsky to give testimony. The requestor was not present. Motion: Perlow/Murray – Moved to deny the request for a fine reduction. Based upon a roll call, Vice Chairperson Perlow (Yes), Member Murray (Yes), Member Cherbini (Yes), Member Perilman (Yes), Member Lasorsa (Yes), and Chairperson Schlam (Yes). The motion passed on a 6 to 0 vote. 7. NEW BUSINESS A. CASE NO. CC2023-10-028 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 Page 5 Code Enforcement Board Regular Meeting Minutes Date: December 12, 2023 Page 3 of 5 Code Sections:12-4(D)(3) Temporary Construction Fence Locked and Secure Repeat Violation: Unsecured construction fence. 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 12-4(D)(3) Temporary Construction Fence Locked and Secure. They are now in compliance and the Town recommends that they be found in repeat violation and fined $500 a day for eight (8) days and to assess prosecution costs in the amount of $250 to be paid within 30 days. Christopher Beale, of Beale Con, talked about the missing section of fence and locking the fence. Member Lasorsa moved that there was no violation of the Town Code as alleged in the Notice of Violation, but the motion failed due to a lack of a second. Vice Chairperson Perlow moved that the respondent be found in repeat violation of the Town Code as alleged in the notice of violation and that he/she be fined $250 per day for 8 days and assess prosecution costs in the amount of $250 payable within 10 days, but the motion failed due to a lack of a second. Motion: Perilman/ Perlow – Moved that the respondent be found in repeat violation of the Town Code as alleged in the notice of violation and that he/she be fined $100 per day for 8 days and assess prosec ution costs in the amount of $250 payable within 10 days. Based upon a roll call, Member Perilman (Yes), Vice Chairperson Perlow (Yes), Member Cherbini (Yes), Member Lasorsa (No), Member Murray (Yes), and Chairperson Schlam (Yes). The Motion passed 5 to 1. B. CASE NO. CC2023-09-019 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: 12-6 (B) Hours of construction-Saturdays, 12-6 (A) Hours of construction, 12-2(A) Construction site cleanliness; construction site safety, 12- Page 6 Code Enforcement Board Regular Meeting Minutes Date: December 12, 2023 Page 4 of 5 2(B) Construction Site Cleanliness/Construction Site Safety, 12-2(E) Construction site cleanliness; construction site safety. Violations: 1) Dirt/debris from construction site spilling into the public roadway. 2) Hours of construction on Saturdays. 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 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 respondent was not present. The public hearing was closed followed by a motion. Motion: Perlow/Cherbini - Moved that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation, Section 12- 2(E), but is now in compliance and that a do not repeat order be issue and assess prosecution costs in the amount of $25 0.00 payable within 30 days. Based upon a roll call, 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 6 to 0 vote. C. CASE NO. CC2023-10-021 Jeanette Leaf 3720 S. Ocean Blvd. Unit 1606 Highland Beach FL, 33487 PCN: 24-43-47-04-53-000-1606 Legal Description: TOSCANA WEST CONDOMINIUM UNIT 1606/1607 Code Sections: FBC 110.5 Inspection requests, FBC 110.6 Approval required. Repeat Violation: Inspections required. Unpaid permit fees. Permit AC23 -0153 MECHANICAL AC CHANGEOUT. 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. Page 7 Code Enforcement Board Regular Meeting Minutes Date: December 12, 2023 Page 5 of 5 Code Compliance Officer Adam Osowsky stated that the property has been brought into compliance since the Notice of Hearing and the case is closed. D. 2024 PROPOSED CODE ENFORCEMENT BOARD MEETING DATES Chairperson Schlam introduced the item, and the Board discussed the dates. Motion: Perlow/Murray – Moved to accept the 2024 Code Enforcement Board Meeting schedule as presented, which passed unanimously 6 to 0. 8. ANNOUNCEMENTS Chairperson Schlam read the announcements as follows. December 14, 2023 9:30 AM Planning Board Regular Meeting December 19, 2023 1:30 PM Town Commission Meeting 9. ADJOURNMENT The meeting adjourned at 1:38. P.M. APPROVED January 09, 2024, Code Enforcement Regular Meeting _________________________________ Myles B. Schlam, Chairperson ATTEST: Transcribed by: Jaclyn DeHart January 09, 2024 ____________________________________ _____________________________ Jaclyn DeHart Date Deputy Town Clerk 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 8 File Attachments for Item: A. CASE NO. CC2023-02-014Fine Reduction Request Margaret Oumano2565 S. Ocean Blvd. Unit 303NHighland Beach FL, 33487PCN: 24- 43-46-28-47-001-3030Legal Description: TOWNHOUSES OF HIGHLAND BEACH COND BLDG NORTH UNIT 303-N Code Sections: 30-122 (B) Expiration of building permit, IPMC 304.3 Premises identification- Address numbers Violations: Expired Permit and Missing address numbers. Page 9 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. CC2023-02-014 Date: December 14, 2023 Margart Oumano 11524 Lawton RD Boynton Beach, FL 33437-6452 RE: 2565 S Ocean Blvd 303N, Highland Beach FL 33487 YOU ARE HEREBY NOTIFIED that pursuant to your Fine Reduction Request, the Code Enforcement Board will be conducting a hearing on Tuesday, January 9, 2024, at 1:00 P.M. The hearing will be held in the town library, 3618 S Ocean Blvd, Highland Beach, FL 33487. _____________________ Adam Osowsky Code Compliance Officer Page 10 TOWN OF HIGHLAND BEACH, FLORIDA CODE ENFORCEMENT BOARD TOWN OF HIGHLAND BEACH, FLORIDA, Petitioner, v MARGARET OUMANO 1154 Lawton Road Boynton Beach, FL 33437 Respondent. Case No: 2023-02-014 PCN: 24-43-46-28-47-001-3030 LEGAL: TOWNHOUSES OF HIGHLAND BEACH COND BLDG NORTH UNIT 303-N ORDER DENYING FINE REDUCTION THIS MATTER having come before the Code Enforcement Board on December 12, 2023, and having heard the testimony of the parties, and having considered the evidence presented by the parties, and having been fully appraised of the circumstances, the Board does find as follows: FINDINGS OF FACT 1. Respondent is the owner of the property located at 2565 South Ocean Boulevard, Unit 303-N, Highland Beach, Florida as described above. 2. On May 15, 2023, the Board entered an Order: finding Respondent in violation of Sections 30- 122(B) of the Town Code of Ordinances (expired permit) and Section 304.3 of the International Property Maintenance Code (premises identification); requiring compliance on or before June 8, or imposing a fine of $250.00 per day; and awarding the Town $250.00 for its administrative costs. Michael Oumano, on behalf of Respondent, filed a request for a reduction of the accrued fine amount of $1,500.00. 4. Respondent's request for a fine reduction had been scheduled for both the August hearing and the October hearing and was continued at Respondent's request. Prior to the October hearing, Michael Oumano was advised that the Town would reschedule one additional time. The Town notified Respondent that the request was rescheduled to December 121s, yet Respondent failed to appear before the Board. 5. The Code Compliance Officer presented the request. Because Respondent failed to appear, the Board had no testimony or other evidence demonstrating any basis for a fine reduction. 1'1 ' Based on the foregoing findings of fact, Respondent's request for a fine reduction is hereby DENIED. Page 11 DONE AND ORDERED thisfl day of De— C 023 Myles Schlam, Clfair Code Enforcement Board Copies Furnished to: Respondent Page 12 Page 13 Page 14