2020-02-06 CEB MINUTES1
Mayor Crystal Wagar
Vice Mayor Alice Burch
Vice Mayor Sean Brady
Councilman Stephen Loffredo
Councilman Jonathan Meltz
Tom Benton, Village Manager
Richard Sarafan, Village Attorney
Ysabely Rodriguez, Village Clerk
CODE ENFORCEMENT BOARD MEETING MINUTES
DATE: February 6, 2020 TIME: 6:00 PM COUNCIL CHAMBERS
1) CALL TO ORDER
Chairman Patrick Huber called the meeting to order at 6:00 PM
2) ROLL CALL
Present:
Mr. Robert Vickers
Ms. Darci Cohen
Ms. Stephanie Pavolini
Ms. Gladys Coia
Mr. Barry Perl
Chairman Patrick Huber
Absent:
Mr. Rod Buenconsejo – Excused
Also Present:
Richard Sarafan, Village Attorney
Lazaro Remond, Code Enforcement Director
Mike Orta, Code Enforcement Officer
Mariana Gracia, Code Enforcement Clerk
2.A SWEARING IN OF WITNESSES BY THE VILLAGE ATTORNEY:
Will everyone that is going to testify tonight please raise your right hand and swear to tell the
truth, the whole truth and nothing but the truth.
3) FIRST HEARING - NOTICES OF VIOLATION
3.A Notices of Violation
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Case: 000041-2020
William Vera
334 NE 100 Street
Director Lazaro Remond testified about the noise violation. Staff recommends adjudication of
this case with a $250.00 fine. Mr. Vera testified that it was New Year's Day when this violation
happened and this was a family gathering. Mr. Vera testified that he had lowered the music at
1AM and the police came back at 2AM because neighbor had complained. Mr. Vera testified
that he knows the rules and he abides by them. Mr. Sarafan asked if Mr. Vera agreed that there
was a violation. Mr. Vera agreed. Staff is seeking that there exists a violation without fines this
time with future violations at $250.00.
Public Comment:
1. Ms. Leah Grossman - 320 NE 100 Street - She passed statements from neighbors in support of
her complaint and also police records for the last three years. Ms. Grossman proceeded to read
out loud her statement of complaint.
2. Ms. Beverly Usy - 358 NE 100 Street - She testified that she did not know her neighbor (Mr.
Vera) until today so this is not personal. Ms. Usy proceeded to read out loud her statement of
complaint.
Public Comment Closed.
Mr. Vera testified that the only time that he had an incident was New Year's Day. Mr. Sarafan
asked Mr. Vera to take a look at the compiled information provided by the witness testify under
oath that this is not correct. Mr. Vera testified that he did not know because this was the first
time he saw these statements.
The Board asked questions of the witness. The Board asked questions to Staff.
Motion by Mr. Perl: With respect to case 000041-2020 I move for finding of fact in
conclusion of law that a violation exists of Code Sec: 10-5 an irreparable and irreversible
nature and that in the event that the violation occurs again there will be a fine of $250.00;
seconded by Mr. Vickers. Discussion by the Board at this time. Mr. Sarafan explained
the fine of irreparable and irreversible offense and what he understood the Motion to
be. The Board discussed the fee assessed for a future violation. Mr. Sarafan the fine
should be assessed at the time that the violation occurs. Staff explains that the case
before the Board is the case of New Year's Day. More discussion about the violation
occurred. The fine could go up to $5,000.00 for repeat violations.
Mr. Perl amends his Motion that if there is a repeat violation before this Board that the
fine could be up to $5,000.00 per violation; seconded by Mr. Vickers and the Motion was
approved 6-0.
Case: 014910-2019
Francisco Gaviria
10635 NE 10 Court
Mr. Gaviria was not present nor was there anyone else to represent him. Staff recommends an
irreparable and irreversible offense at this time. Staff has been in contact with the violator and
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violator knows about this hearing. Mr. Sarafan asked if the violator knew about tonight's
hearing. Staff answered in the affirmative. Staff testified that the dogs are no longer out.
Public Comment:
1. Marylou McGuire of 10627 NE 10 Court - Testified that the dogs were out loose in the past
but have not been out loose recently since December.
2. Robert Mengi - 1102 NE 105 Street - Testified that Animal control did not follow through was
because he agreed not to testify against his neighbor. He testified that when he was walking his
dogs in the middle of the afternoon and was attacked by the neighbor’s dogs. He commends
the Code Compliance Department. There has been improvement but the dogs are not
controlled just yet. Staff recommendation is for an irreparable and irreversible offense with a
fine of $250.00.
Motion by Ms. Coia for an irreparable and irreversible violation with a fine of $250.00 per
Staff's recommendations, seconded by Ms. Cohen. Mr. Perl makes a Motion to Amend to
$1,000.00, no second. Ms. Coia moves to amend the amended Motion to impose a fine of
$500.00, seconded by Ms. Pavolini and the Motion was approved 5-1 with Ms. Cohen
voting against.
Summary Adjudication for 1st Hearings: Case(s): 000045-2020; 008113-2019;013752-
2019;014638-2019; 015141-2019; 015205-2019.
The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Motion: I move for summary adjudication of all such cases to include a finding of fact
and conclusion of law that a violation exists as charged in the respective notice of
violations issued therein and that, in each such case, the offending party shall correct
the violation within time period specified and immediately notify the Code Enforcement
Officer when the property is brought into compliance. In each such case, if the violation
is not brought into compliance within such time period, the Code Enforcement Officer
may report this fact back to the Board in accordance with the Board’s Rules and
Regulations at which time a fine is hereby authorized to be automatically assessed
against the violator. In the respective daily amounts specified in staff’s recommendations
for tonight’s hearing, retroactive to the original compliance deadline. Further, with
respect to each such case, costs in the amounts specified in Staff’s recommendations
for tonight’s hearings are hereby assessed in order to recoup the Village’s expenses in
prosecuting the violations to date.”
Moved by Ms. Cohen, seconded by Ms. Coia
Vote: Motion was approved 6-0
Notice of Violation 2-6-2020.pdf
4) PENALTY HEARING - ENFORCEMENT ORDERS
Summary Adjudication for Penalty Hearings: Case #’s: 000719-2019; 003686-2019; 004341-
2019; 004432-2019; 011678-2019; 7-18-18105; 008074-2019; 008231-2019.
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The officer, Lazaro Remond, testified that Affidavits of Non-Compliance and evidence of
violation exists in each of the files.
Motion: I move that, in each case currently remaining on the penalty docket for tonight’s
hearing, each respective violator be ordered to pay the daily fine previously adjudicated
and authorized to be imposed against them by prior order of the Board, retroactive from
the day the violation was to have been corrected, that upon recording, the Board’s Order
in this regard will constitute a lien on the property of the violator.
Moved by Ms. Coia, seconded by Mr. Perl Motion carries 6-0
4.A Enforcement Orders
Enforcement Orders 2-6-2020.pdf
5) REQUEST FOR RELIEF
5.A Request for Relief
1201 NE 100 Street
Yael Bloom
Cases: 4-18-17576; 5-16-15240; 5-16-15241.
Ms. Bloom testified that the fence install cost her $8,500. She also testified that there had been
some attorney's fees. The Board asked questions. Chairman Huber asked is this your best and
final offer and how many days do you need to pay this amount. Ms. Bloom offered $3,000.00
payable in 90 days.
Motion to approve made by Mr. Vickers, seconded by Mr. Huber and the Motion was
approved 4-2 with Ms. Coia and Mr. Perl voting against it.
1201 NE 100 Street.pdf
5.B Request for Relief
129 NW 97 Street
Soraya & Marc Freeman
Case: 019579-2018
Mr. Freeman testified that the prior owner had done work without permits. The Board asked
questions. Chairman Huber asked what is your final offer and how many days to pay this
amount. Mr. Freeman offered $1,200.00 payable in 30 days.
There was no vote for lack of Motion.
129 NW 97 Street.pdf
5.C Request for Relief
160 NW 99 Street
Richard Holmes
Cases: 12-11-9411; 12-11-9412; 10-09-6389
Mr. Holmes testified that he had been at this address since 1999. He testified that he had
problems with the contractors he hired. The Board asked questions. Chairman Huber asked is
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this your best and final offer and how many days to pay this amount. Mr. Holmes offered
$15,000.00 payable in 60 days.
Motion to approve made by Mr. Perl, seconded by Ms. Coia and the Motion was approved
6-0.
160 NW 99 Street.pdf
6) MINUTES
6.A Minutes for December 5, 2019
Motion to approve the minutes of December 5, 2020 made by Mr. Perl, seconded by Ms.
Cohen and the Motion was approved 6-0.
CEB Minutes 2019-12-5.pdf
7) DISCUSSION
There was discussion by the Board about attendance requirements by this Board.
Mr. Sarafan addressed the Board regarding what Request for Relief applicants do and
observe at the hearings.
8) ADJOURNMENT
The meeting adjourned at 7:30 PM