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2024.12.10_SMH_Minutes_RegularTOWN OF HIGHLAND BEACH SPECIAL MAGISTRATE HEARING MINUTES Town Hall Commission Chambers Date: December 10, 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 Town Clerk Gaskins swore in those giving testimony. 4. APPROVAL OF MINUTES A. November 12, 2024 Special Magistrate Wagner approved the minutes of November 12, 2024. 5. VIOLATIONS A. CASE NO. CC -24-407 Penthouse Towers Association, Inc. 3101 S. Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-46-33-00-001-0151 Code Sections: 110.9(5) - TOWN OF HIGHLAND BEACH ADMINISTRATIVE CODE CHAPTER 1 FOR THE 7th Edition (2020) FLORIDA BUILDING CODE 6-27. - Administrative amendments to Florida Building Code. Violations: The Association has failed to comply with the requirements of Section 110.9 (Recertification of Buildings) of the Town's Administrative Amendments to the Florida Building Code by failing to submit the required milestone inspection report. Special Magistrate Wagner opened the hearing. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He mentioned that the Association has failed to comply by failing to Special Magistrate Hearing Minutes Date: December 10, 2024 Page 2 of 4 submit the Milestone Inspection Report. He 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 and be given 30 days to come into compliance or be fined $250 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 within 30 days. Michelle Fox, Treasurer of Board of Directors, gave comments on the milestone inspection report. The President, Vice -President, and Property Manager were present. Special Magistrate Wagner found the respondent in violation of Section 6-27 of the Town Code of Ordinances, Section 110.9(5) of the Town's Administrative Amendments to the Florida Building Code, for failing to submit the required milestone inspection report, the respondent shall comply with the Town Code by January 10, 2025 or be fined in the amount of $250 per day. The Respondent is assed prosecution costs in the amount of $250 payable by the date set for compliance. B. CASE NO. CC -24-86 Request to Stay Fines Seth Fishman 2575 S. Ocean Blvd., Apt 303S Highland Beach FL, 33487 PCN: 24-43-46-28-47-002-3030 Legal Description: TOWNHOUSES OF HIGHLAND BEACH CONDO BLDG SOUTH UNIT 303-S Code Sections: 30-122 (B) - Expiration of building permit. Violations: Permit E21-0047 Electrical Sub -permit has expired. Special Magistrate Wagner opened the hearing. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case and the Town has no objection to stay the fines from the original start date (June 26, 2024) to February 11, 2025 where the case will then be scheduled for a status hearing for the Respondent to request additional days or fines can be imposed. Special Magistrate Wagner granted Respondent's request for a stay of fines and the fines are stayed from June 26, 2024 through February 11, 2025. A status hearing will be held on February 11, 2025, at 1:00 p.m., at the Town of Highland Beach Town Hall, 3614 S. Ocean Blvd., Highland Beach, Florida 33487. C. CASE NO. CC -24-414 Special Magistrate Hearing Minutes Date: December 10, 2024 Page 3 of 4 Nancy Daidone 1019 Grand Ct. Highland Beach FL, 33487 PCN: 24-43-47-09-00-002-0160 Legal Description: 9-47-43, TH PT OF N 1/2 OF GOVLT 2 K/A LT 19 OF UNREC GRAND CAY ESTS Code Sections: 30-122 A- REMODEL WITHOUT PERMITS. 14-32(E)(1) WATER CLARITY IN SWIMMING POOLS. IPMC 303.1 SWIMMING POOLS. Violations: Interior remodel without permits and dirty pool. Special Magistrate Wagner opened the hearing. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case and mentioned that the violation remains is Code Section 30-122, (A) a remodel without permits. Therefore, the Town recommends that the Respondents be found in violation of the Town Code as alleged in the Notice of Violation and be given 30 days to come into compliance or be fined $250 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 within 30 days. Ms. Nancy Daidone, property owner, provided comments on the violation. Special Magistrate Wagner found the respondent in violation of Code Section 30- 122-A for interior remodel without permits, the respondent shall comply with the Town Code by January 10, 2025 or be fined in the amount of $250 per day. The Respondent is assed prosecution costs in the amount of $250 payable by the date set for compliance. D. CASE NO. CC -24-369 Evanton Baye Townhomes Condominium Association, Inc. 4746 S. Ocean Blvd. Highland Beach FL, 33487 PCN: 24-43-47-09-07-000-0000 Code Sections: 30-122 (B) - Expiration of building permit. Violations: Permit E23-0229 expired. Special Magistrate Wagner opened the hearing. Code Compliance Officer Adam Osowsky provided a brief timeline of the facts of the case. He 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 and be given 30 days to come into compliance or be fined $250 per day for each day the violation remains after the date set for Special Magistrate Hearing Minutes Date: December 10, 2024 Page 4 of 4 compliance and assess prosecution costs in the amount of $250.00 payable within 30 days. Ms. Kandaleah Lewandowski, General Manager, provided comments. Special Magistrate Wagner found the respondent in violation of Code Section 30- 122 for expired permit E23-0229, the respondent shall comply with the Town Code by January 10, 2025 or be fined in the amount of $250 per day. The Respondent is assed prosecution costs in the amount of $250 payable by the date set for compliance. FUTURE MEETING DATES A. 2025 SPECIAL MAGISTRATE HEARING DATES Special Magistrate Wagner reviewed the meeting dates for 2025. 7. ADJOURNMENT The meeting adjourned at 1:25 P.M. APPROVED: January 14, 2024, Special Magistrat5.jWring ATTEST: sr —•— o:`�-1949 �q._ FL OR10A� aclyn DeHart Deputy Town Clerk Kevin Wagner, Code Enforcement Magistrate Transcribed by Jaclyn DeHart 01/14/2025 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/.