Loading...
2021-03-04 CEB Minutes 1 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 BOARD MEETING MINUTES DATE: March 4, 2021 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Huber called the meeting to order. Swearing in the Witnesses by Elizabeth McIntosh, Assistant 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.” 2) ROLL CALL Present: Mr. Buenconsejo Ms. Cohen Ms. Coia- Left before 273 NW 92 Street was heard. Then came back after. Mr. Perl Mr. Vickers Chairman Huber Absent: Mr. McGuire - Excused Absence 3) FIRST HEARING - NOTICES OF VIOLATION Case: 0012171-2020 Diego De Vera 816 NE 91 Street 2 Mr. De Vera was present and testified to the fact that the dog is no longer there. Staff supported the testimony. The Board asked questions. Motion that a violation no longer exists in conclusion of law and a fine in the amount of $50.00 be assessed to recoup the villages expense made by Mr. Perl, seconded by Mr. Vickers and the Motion was 6-0. Case: 00014502021 Matthew Allen 1420 NE 101 Street Ms. Aura Sate, contractor was present and testified that yes Staff is correct that there was a violation. The violation has been corrected since then. Staff supported the testimony. The Board asked questions. Motion in conclusion of law that the violation has been corrected and that the violation be irreparable and irrevocable if it happens again, that $50.00 be assessed to recoup the Villages expense made by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 5-1 with Ms. Coia recusing. Case: 001379-2020 Shores Landing LLC Ms. Olga Sanchez testified that the violation exists and that it is being corrected with the required permits. Staff recommends 60 days to obtain permits and 180 thereafter. The Board asked questions. Motion to accept the Staff's recommendation of 60 days to obtain permits and 180 days thereafter to comply that the violation exists in conclusion of law made by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 6-0. Summary Adjudication for 1st Hearings: Case(s): 000059-2021; 000091-2021; 000125-2021; 001378-2020; 001773-2020; 001807-2020; 001823-2020; 001291-2020; 001300-2020; 001301- 2020; 001674-2020; 014292-2019; 008233-2019. 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 3 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 Notice of Violation 3-4-2021.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case #’s: 001677-2020; 001812-2020; 001826-2020; 001834-2020; 000553-2020; 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 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 Mr. Buenconsejo, seconded by Ms. Cohen Motion carries 6-0. 4.A Enforcement Orders Enforcement Order 3-4-2021.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief Everett W. Severy Joan M. Severy Estate of 9860 NE 5 Avenue Road Two of the neighbors were present and testified as to the hardship of this family and Mr. Severy. The house will be listed for sale for $800,000.00 by Mr. Bourne (Realtor). The Board asked questions. The amount offered is $25,000.00 payable in 180 days. Motion to accept the amount of $25,000.00 payable in 180.00 days made by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 6-0. 9860 NE 5 Avenue Road - Estate of Severy.pdf 4 5.B Request for Relief Estate of Norman M. Giller 1690 NE 104 Street Mr. Ira Guiller, Estate Representative was present and testified at length. The house is for sale in the amount of 3,000,0075.00 and there is no mortgage. The Board asked questions. The amount offered is $10,000.00 to release the liens. Motion to accept the amount of $10,000.00 made by Mr. Vickers, seconded by Ms. Coia and the Motion failed 1-5. 1690 NE 104 Street - Estate of Norman M. Giller.pdf 5.C Request for Relief John Rodriguez 29 NW 107 Street Mr. Rodriguez was present and testified. He is refinancing the property. The total amount of the loan is $200,000.00. The Board asked questions. The amount offered is $500.00 to release the liens. Motion to accept $500.00 payable in 30 days made by Mr. Vickers, seconded by Mr. Buenconsejo and the Motion failed 3-3. 29 NW 107 Street - Rodriguez.pdf 5.D Request for Relief Serious Demetrius 11301 NW 6 Avenue Ricardo Demetrius son of Mr. Demetrius testified on behalf of his father. The Board asked questions. The amount offered is $2,000.00 payable in 60 days to release the liens. Motion to approve the amount of $2,000.00 payable in 60 days made by Mr. Huber, seconded by Mr. Vickers and the Motion was approved 4-2 with Mr. Buenconsejo and Mr. Perl voting against. 11301 NW 6 Avenue - Demetrius.pdf Ms. Coia left before 273 NW 92 Street was heard. 5.E Request for Relief Carolina Garces 273 NW 92 Street 5 Ms. Carolina Garces was present and testified. The Tenants at the time did not notify her of the violation. The house is being refinanced. The Board asked questions. The amount offered is amended to $3,250.00 payable in 90 days. Motion to approve the amount of $3,250.00 payable in 90 days made by Mr. Vickers, seconded by Ms. Cohen and the Motion was approved 4-1 with Mr. Perl against. 273 NW 92 Street - Garces.pdf 5.F Request for Relief Cobia LLC 1191 NE 103 Street Mr. Luis Torrens was present and testified. He bought the house as an investment in the amount of $480,000.00. The house is for sale in the amount of $625,000.00. The Board asked questions. The amount offered is $2,500.00 payable in 30 days to release the lien. Motion to accept the amount of $2,500.00 payable in 30 days made by Mr. Vickers, seconded by Mr. Huber and the Motion failed 3-2. 1191 NE 103 Street.pdf 6) MINUTES Motion to approve the minutes of February 4, 2021 made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was approved 6-0. 6.A Approval of the Minutes for February 4, 2021 Code Board Minutes for February 4, 2021.pdf 7) DISCUSSION There was no discussion by the Board. 8) ADJOURNMENT Motion to adjourn made by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was approved 5-0.