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2021-02-04 CEB MinutesMayor Crystal Wagar R Tom Benton, Village Manager Vice Mayor Alice Burch Richard Sarafan, Village Attorney Vice Mayor Sean Brady Ysabely Rodriguez, Village Clerk Councilman Stephen Loffredo���ri� Councilman Jonathan Meltz CODE BOARD MEETING MINUTES DATE: February 4, 2021 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. Buenconsejo - joined via teleconference - Motion for Mr. Buenconsejo to join via telephone by Mr. Huber, seconded by Ms. Cohen and the vote was 4-1 with Mr. Vickers against it. Ms. Cohen Mr. McGuire Mr. Perl Mr. Vickers Chairman Huber Absent: Ms. Coia - Excused absence Also, present: Richard Sarafan, Village Attorney Lazaro Remond, Code Compliance Director Mike Orta, Code Officer Mariana Gracia, Code Clerk 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. 1 3) FIRST HEARING - NOTICES OF VIOLATION Code Case: 001708-2020 Geo Davis III 250 NW 111 Terrace Mr. Davis was present and testified. Staff recommendation is 90 days to comply. The Board asked questions. Motion to accept the Staffs recommendation of 90 days to comply and that a violation exists in conclusion of law made by Mr. Perl, seconded by Mr. Vickers and the Motion was approved 6-0. Code Case: 001659-2020 Mariatar Theodore 282 NW 111 Terrace Daniel Jean Baptiste (brother) was present and testified. Agrees that there is a violation. Staff recommends 30 days to cure. The Board asked questions. Motion to accept the Staffs recommendation of 30 days to comply and that a violation exists in conclusion of law made by Mr. Perl, seconded by Mr. Rod Buenconsejo and the Motion was approved 6-0. Code Case: 001379-2020 Shores Landing LLC 9710 NE 2 Avenue Cano Health representative Mr. Farinas were present and testified. He agrees that the violation exists. The Board asked questions. Motion to table 30 days (until next meeting March 4, 2021) by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 6-0. Summary Adjudication for 1st Hearings: Case(s): 000689-2020; 001677-2020; 001691- 2020; 001812-2020; 001826-2020; 001830-2020; 001834-2020; 001842-2020; 000553-2020; 001475-2020; 001612-2020; 001615-2020; 001751-2020; 001800-2020; 001815- 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 staffs recommendations for tonight's hearing, retroactive to the original compliance deadline. Further, with respect to each such case, costs in the amounts specified in Staffs 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 Mr. Perl Vote: Motion was approved 6-0. 3.A Notices of Violation 2021-2-4_Notices of Violation.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Code Case: 001701-2020 Julio Ortega 229 NW 111 Terrace Mr. Ortega was present and requested more time to comply. Staff recommends 30 days. The Board asked questions. Motion to table for 30 days by Mr. Perl, Seconded by Mr. Vickers and the Motion was approved 6-0. Summary Adjudication for Penalty Hearings: Case Ws: 000390-2020; 001716-2020; 001717-2020; 001609-2020; 001611-2020; 001814-2020; 005470-2019; 014908- 2019. 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. Cohen, seconded by Mr. Perl- Motion was approved 6-0. 4.A Enforcement Orders 2021-2-4_Enforcement Orders.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief 749 Grand Concourse Ms. Marilyn Hawkins was present and testified that she needed the relief so that she can apply for a refinance of her house. The Board asked questions. Ms. Hawkins offered to pay $1,800.00 payable in 30 days. Due to lack of motion, the Board did not accept it. Board proposed a 90% discount on the liens and the amount of $36,055.00 payable in 90 days. The Motion was approved 3-2 with Mr. McGuire and Mr. Vickers voting against it. 749 Grand Concourse.pdf 6) MINUTES Motion to approve the Minutes by Mr. Vickers, Seconded by Mr. Perl and the Motion was approved 6-0 6.A Approval of the Minutes of December 3, 2020 Code Board Minutes for December 3, 2020.pdf 7) DISCUSSION There was no discussion by the Board. 8) ADJOURNMENT Meeting adjourned by Chairman Huber.