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2024.10.08_SMH_Minutes_RegularTOWN OF HIGHLAND BEACH SPECIAL MAGISTRATE HEARING MINUTES Town Hall Commission Chambers Date: October 08, 2024 3614 South Ocean Boulevard Time: 1:00 PM Highland Beach, Florida 33487 1. CALL TO ORDER Special Magistrate Kevin Wagner called the meeting to order. 2. EXPLANATION OF PROCEEDINGS Special Magistrate Wagner explained the process of the proceedings. 3. SWEARING OF WITNESSES Ms. DeHart swore in those giving testimony. 4. APPROVAL OF MINUTES A. None 5. VIOLATIONS A. CASE NO. CC -24-249 Gail Palestrini 4301 Tranquility Dr. Highland Beach FL, 33487 PCN: 24-43-47-04-02-003-0220 Legal Description: BEL LIDO LT 22 BLK 3 Code Sections: IPMC 303.1 - Swimming pools. Violations: Pool water is dirty and unmaintained. Special Magistrate Wagner opened hearing. 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, photos, supporting documents, and paper postings at the property address and at Town Hall. Special Magistrate Hearing Minutes Date: October 08, 2024 Page 2 of 5 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 respondent was not present. Special Magistrate Wagner found the respondent in violation of Code Section IPMC 303.1 specifically the swimming pool not being properly maintained, the respondent has 14 days, October 23, 2024, to bring the property into compliance or be fined in the amount of $250 per day and assess prosecution costs in the amount of $250. B. CASE NO. CC -24-280 David C Joseph Jr. 1100 Highland Beach Dr. A Highland Beach FL, 33487 PCN: 24-43-47-04-02-002-0152 Legal Description: BEL LIDO SLY 110.41 FT OF LT 15 BLK 2 Code Sections: 30-122 (A) - Building Permits Required. Violations: Construction work started without an issued permit: Pavers, fence, electrical, dock/seawall. pool demo, plumbing etc. Special Magistrate Wagner opened hearing. 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 respondent, David Joseph, was present and gave testimony on the violation. Special Magistrate Wagner found the respondent in violation of Code Section 30- 122 (A) Building Permits Required for the construction started without a permit, the pavers, fence, electrical, dock/seawall, pool demolition, and plumbing. The Special Magistrate Hearing Minutes Date: October 08, 2024 Page 3 of 5 respondent has 30 days, November 08, 2024, to bring the property into compliance or be fined in the amount of $250 per day and assess prosecution costs in the amount of $250. C. CASE NO. CC -24-312 Bettye Wolf 4740 S. Ocean Blvd. 1010 Highland Beach FL, 33487 PCN: 24-43-47-09-08-000-1010 Legal Description: BRAEMAR ISLE COND UNIT 1010 Code Sections: 30-122 (B) - Expiration of building permit. Violations: Permit PWH23-0031 expired. Missing final inspection. Special Magistrate Wagner opened hearing. 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, and supporting documents. 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 respondent was not present. Special Magistrate Wagner found the respondent in violation of Code Section 30- 122 (B) expiration of building permit for a water heater, the respondent has 14 days, October 23, 2024, to bring the property into compliance or be fined in the amount of $250 per day and assess prosecution costs in the amount of $250. D. CASE NO. CC2023-05-035 Fine Reduction Hearing Jordan Cohen 1119 Highland Beach Dr. 2 Highland Beach FL, 33487 PCN: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. Special Magistrate Hearing Minutes Date: October 08, 2024 Page 4 of 5 Special Magistrate Wagner opened hearing. Code Compliance Officer Adam Osowsky reviewed the history of the case. He mentioned that the respondent only contacted the Town after the foreclosure process was started against the lien on the property to request a lien reduction hearing. The property was in violation for 42 days and the fine total is $10,500. The respondent, Jordan Cohen, was present and gave testimony on the violation. Special Magistrate Wagner granted the respondent's request for a fine reduction in the amount of $1,050 to be paid by November 08, 2024, or revert to the original amount of $10,500. E. CASE NO. CC2022-10-020 Fine Reeducation Hearing Jordan Cohen 1119 Highland Beach Dr. 3 Highland Beach FL, 33487 PCN: 24-43-47-04-02-002-0214 Legal Description: BEL LIDO TH PT OF LT 21 K/A WEST UNIT BLDG 2 BLK 2 Code Sections: 34-5 (A) Application for Vacation Rental Certificate Violations: Unregistered Vacation Rental. Special Magistrate Wagner opened hearing. Code Compliance Officer Adam Osowsky reviewed the history of the case. He mentioned that the respondent only contacted the Town after the foreclosure process was started against the lien on the property to request a lien reduction hearing. The property was in violation for 255 days and the fine total is $63,750. The respondent, Jordan Cohen, was present and gave testimony on the violation. Special Magistrate Wagner granted the respondent's request for a fine reduction in the amount of $6,375 to be paid by November 08, 2024, or revert to the original amount of $63,750. F. CASE NO. CC2022-10-014 Fine Reduction Hearing Jordan Cohen 1123 Highland Beach Dr. 3 Highland Beach FL, 33487 PCN: 24-43-47-04-02-002-0223 Legal Description: BEL LIDO TH PT OF LT 22 K/A UNIT 3 BILK 2 Code Sections: 34-5 (A) Application for Vacation Rental Certificate Special Magistrate Hearing Minutes Date: October 08, 2024 Page 5 of 5 Violations: Unregistered Vacation Rental. Special Magistrate Wagner opened hearing. Code Compliance Officer Adam Osowsky reviewed the history of the case. He mentioned that the respondent only contacted the Town after the foreclosure process was started against the lien on the property to request a lien reduction hearing. The property was in violation for 255 days and the fine total is $63,750. The respondent, Jordan Cohen, was present and gave testimony on the violation. Special Magistrate Wagner granted the respondent's request for a fine reduction in the amount of $6,375 to be paid by November 08, 2024, or revert to the original amount of $63,750. 5. ADJOURNMENT The meeting adjourned at 1:32 P.M. APPROVED: November 12, 2024, Special Mag Of ATTEST: �RIDA � Jaclyn DeHart Deputy Town Clerk Kevin Wagner, Code Enforcement Magistrate Transcribed by Jaclyn DeHart 11/12/2024 Date Disclaimer: Effective May 19, 2020, per Resolution No. 20-008, all meeting minutes are transcribed as a brief summary reflecting the events of this meeting. Verbatim audio/video recordings are permanent records and are available on the Town's Media Archives & Minutes webpage: https://highland beach - fl. municodemeetings.com/.