Highland Beach magistrate sets compliance deadlines, fines and postponements in multiple code-enforcement cases

At a special magistrate hearing for the Town of Highland Beach, the magistrate issued compliance deadlines, assessed fines and postponed one matter across multiple code-enforcement cases involving work done without valid permits or permits that had expired.

The hearing produced a mix of outcomes: one case was postponed, several properties were found to have come into compliance but were assessed prosecution costs, at least one property was given a short compliance extension or faces daily fines if it does not comply, and one previously imposed fine was substantially reduced.

The town's Code Compliance Officer, Adam Mosowski, presented each case and the town's recommended outcomes. In Case CC24429, involving Ocean Pines Condominium Association Inc. at 3009 South Ocean Boulevard, Mosowski said the violation for replacing domestic water pumps without a permit had been corrected before the hearing and recommended finding the respondent in violation but assessing prosecution costs of $250 payable within 30 days. The magistrate adopted that recommendation.

Several other matters were resolved with short compliance deadlines and assessed costs. In Case CC24471 (3740 South Ocean Boulevard, Unit 403), involving Mark and Andrea Sherry, expired permits for kitchen-work items had been corrected before the hearing; the magistrate found a violation had occurred and assessed prosecution costs of $250 payable within 14 days. In Case CC24480 (3212 South Ocean Boulevard, Unit 405A), four expired permits remained; the magistrate ordered the permits to be renewed within 14 days (until January 31, 2025) or a fine of $250 per day may begin, and assessed prosecution costs of $250 payable within 14 days.

One case was postponed at the respondent's request. Case CC24446 was continued to the magistrate's February 11 hearing; the town did not object to the postponement.

A matter involving Gustavo R. and Alisa M. Suarez (Case CC24388, 2701 South Ocean Boulevard, Unit 18) remained open because the electrical subcontractor's subpermit had only just been submitted. The town recommended 14 days to complete required permits or a fine of $250 per day for each day the violation remains, and prosecution costs of $250. The magistrate gave the respondents until February 7, 2025 to bring the property into compliance and assessed prosecution costs of $250.

A previously imposed fine for Marla and Steven Garchick (Case CC202312-017, 2474 South Ocean Boulevard) was reduced. The magistrate reduced an $2,000 fine (for eight days out of compliance) to $250 after the town and the respondent’s attorney said the permit issuance delay, not dilatory conduct by the property owners, caused the short overrun; the $250 was ordered payable within 30 days (with the original amount to be reinstated if not paid by the deadline).

Several cases were removed from the agenda because the properties had come into compliance before the hearing. The magistrate closed the docket after addressing the scheduled matters and confirmed follow-up deadlines where applicable.

"The town recommends that the respondent be found in violation of the town code as alleged in the notice of violation," Adam Mosowski said while introducing multiple cases and presenting supporting evidence including proof of service and photographs.

Respondent Gustavo R. Suarez acknowledged delays tied to subcontractor paperwork, saying, "I apologize. It was a lapse in judgment. It was... replacing mirrors, vanities. We didn't do any moving of walls or anything like that... Lesson learned." Michael Marshall, the attorney for Marla and Steven Garchick, told the magistrate the owners were now in compliance and that the short delay was the result of waiting for the town to issue a permit: "It wasn't because we were being dilatory. We were just waiting for it to be issued. That's all it was."

The magistrate set specific deadlines and payment windows in each matter where costs or fines were assessed, and adjourned the hearing after disposing of the listed cases.

Votes at a glance

- CC24446 — Postponed to February 11, 2025 at respondent request; town did not object. (Outcome: postponed) - CC24429 (Ocean Pines Condominium Association Inc., 3009 S. Ocean Blvd.) — Violation corrected after compliance date; prosecution costs assessed $250 payable within 30 days. (Outcome: approved) - CC24469 — Pulled from agenda; property in compliance. (Outcome: no_action) - CC24471 (Mark and Andrea Sherry, 3740 S. Ocean Blvd., Unit 403) — Violation corrected after compliance date; prosecution costs assessed $250 payable within 14 days. (Outcome: approved) - CC24388 (Gustavo R. & Alisa M. Suarez, 2701 S. Ocean Blvd., Unit 18) — Permit pending (electrical subpermit); respondent given until February 7, 2025 to comply or face up to $250/day; prosecution costs assessed $250. (Outcome: approved) - CC24451 — Pulled from agenda; property in compliance. (Outcome: no_action) - CC24480 (3212 S. Ocean Blvd., Unit 405A) — Four expired permits; respondent given 14 days (until January 31, 2025) to renew permits or face $250/day; prosecution costs assessed $250 payable within 14 days. (Outcome: approved) - CC202312-017 (Marla and Steven Garchick, 2474 S. Ocean Blvd.) — Fine reduced from $2,000 to $250; payment due within 30 days or original amount reinstated. (Outcome: approved)

Next steps noted in the hearing record include the February 7 and February 11 hearing dates referenced for compliance checks and continuances.