2020-11-05 CEB Minutes
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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 MEETING MINUTES
DATE: November 5, 2020 TIME: 6:00 PM COUNCIL CHAMBERS
1) CALL TO ORDER
Chairman Huber called the meeting to order at 6:10 PM.
2) ROLL CALL
Present:
Mr. Rod Buenconsejo
Ms. Gladys Coia
Mr. Christopher McGuire
Mr. Barry Perl
Mr. Robert Vickers
Chairman Patrick Huber
Absent:
Ms. Darci Cohen - Excused
Also Present:
Richard Sarafan, Village Attorney
Lazaro Remond, Code Director
Mike Orta, Code Officer
Mariana Gracia, Code Clerk
3) FIRST HEARING - NOTICES OF VIOLATION
Code-001520-2020
Laymis Alvarez
173 NW 99 Street
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Ms. Alvarez testified as to how she built the pool in her back yard. Officer Orta testified as to
the conditions of the pool and the violation. Mr. Sarafan read into the record Code section
523.1 of the Code Book. The Board asked questions.
Motion to allow 90 days to cure the violation made by Mr. Vickers, Seconded by Mr.
Buenconsejo and the motion carried 5-1 with Mr. Perl voting against it.
Code-001739-2020
MPS Atlantic Investment LLC
530 NE 96 Street
Mr. Paolo Varona, Authorized Realtor was present and testified. Director, Lazaro Remond
testified as to the violation. The Board asked questions.
Motion to assess an irreparable and irreversible violation made by Mr. Buenconsejo,
seconded by Mr. Perl and the Motion was approved 6-0.
Code-001340-2020
David Jativa
1209 NE 96 Streeet
Mr. Jativa was present and testified about the violation. Director Lazaro Remond testified that
the violation existed. The Board asked questions.
Motion to allow a 180-day period to come to compliance Made by Mr. Perl, seconded by
Mr. Vickers and the Motion was approved 6-0.
Summary Adjudication for 1st Hearings: Case(s): 001367-2020; 001368-2020; 001623-2020;
000857-2020.
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 Mr. Vickers, seconded by Mr. Buenconsejo
Vote: Motion was approved 6-0
3.A Notices of Violation
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Notices of Violation 11-5-2020.pdf
4) PENALTY HEARING - ENFORCEMENT ORDERS – NONE
5) REQUEST FOR RELIEF
5.A Request for Relief
David Carlisle
1311 NE 105 Street
Mr. Carlisle and his attorney Mr. Tobin were present via zoom. Mr. Carlisle testified as to the
reasons why the Board should accept his offer of $1,500.00. The Board asked questions.
Motion to accept the amount of $1,500.00 payable in 30 days to release this and only this
property made by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved
4-2 with Ms. Coia and Mr. Vickers voting against it.
1311 NE 105 Street.pdf
5.B Request for Relief
Armand & Indra Yvel
138 NW 106 Street
Mr. Yvel was present and testified as to the reasons why his offer of $10,000.00 should be
accepted. The Board asked questions.
Motion to approve the amount of $10,000.00 payable in 30 days to release the liens made
by Mr. Vickers, seconded by Mr. Buenconsejo and the Motion was approved 6-0.
138 NW 106 Street.pdf
5.C Request for Relief
Alina Arboleda
114 NE 103 Street
Mr. Juan Vega (husband) was present and testified to the reasons why his offer should be
accepted. The Board asked questions.
Motion to accept the amount of $2,500.00 payable in 180 days made by Mr. Perl,
seconded by Ms. Coia and the Motion was approved 5-1 with Mr. Vickers voting against
it.
114 NE 103 Street.pdf
5.D Request for Relief
Nikolaus Benigni & Barbara Winburg
9509 N. Miami Avenue
Mr. Nikolaus Benigni was present and testified as to the reasons why he should be granted
the releases of the liens with the amount offered. The Board asked questions.
Motion to approve the amount of $17,500.00 payable in 60 days to release the liens made
by Mr. Vickers, seconded by Ms. Coia and the Motion was approved 6-0.
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9509 N Miami Avenue.pdf
6) MINUTES
Motion to approve the minutes as amended by the Board made by Mr. Perl, seconded by Mr.
Buenconsejo and the Motion was approved 6-0.
6.A Code Board Minutes of October 15, 2020 for approval.
Code Board Minutes for October 15, 2020.pdf
7) DISCUSSION – NONE
8) ADJOURNMENT
Motion to adjourn made by Mr. Perl, seconded by Mr. Vickers and the Motion was
approved 6-0.