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2021-05-06 CEB Minutes 1 Mayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Tom Benton, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT BOARD MEETING MINUTES DATE: May 6, 2021 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Huber called the meeting to order. Mr. Huber extended his apologies for the lack of quorum last meeting. 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 Mr. Perl Mr. Vickers Mr. McGuire Chairman Huber Also present: Elizabeth McIntosh, Village Attorney Lazaro Remond, Code Director Mike Orta, Code Officer Mariana Gracia, Code Clerk 3) FIRST HEARING - NOTICES OF VIOLATION 2 Case: 000259-2021 1209 NE 96 Street David Jativa The case is in compliance according to Staff. The Board asked questions. Motion for finding of facts in conclusion of law that a violations is in compliance made by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was unanimously approved. Case: 000154-2021 570 Duplex LLC 570 NW 113fh Street Ms. Denia Mesa was present on behalf of the owner. Staff recommends 180 days to close the permit. Motion for finding of facts in conclusion of law that a violations exists made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was unanimously approved. Summary Adjudication for 1st Hearings: Case(s): 000034-2021; 000044-2021; 000162-2021; 000195-2021; 000225-2021; 001713-2020; 001763; 000140-2021; 000149-2020; 000152-2021; 000194-2021. 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. Perl, seconded by Mr. Buenconsejo Vote: Motion was unanimously approved. 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case #’s: 001291-2020; 014638-2019. 3 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. Perl, seconded by Mr. Buenconsejo Motion was unanimously approved. 5) REQUEST FOR RELIEF 5.A 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 $700.00 to release the liens. Motion to accept $500.00 payable in 30 days made by Mr. Perl, seconded by Mr. Huber and the Motion failed 2 yes -5 no. 5.B Request for Relief Estate of Norman M. Guiller 1690 NE 104 Street Mr. Guiller, Co-representative testified that the violations were given while his brother was in occupying the house. The representative explained that they took care of all the violations once they took possession of the house. He explained that the high value of the house should not be a factor for the Board’s decision. Motion to approve the amount of $25,000.00 payable in 180 days made by Mr. Vickers, seconded by Mr. Huber and the Motion was approved 5-2 with Mr. Buenconsejo and Mr. Perl voting against. 5.C Request for Relief Wanda Collier 98 NW 98 Street Ms. Collier testified that she has a lot on her plate. Ms. Collier testified that she is ready to pay as soon as she has the money saved. 4 Motion to approve the amount of $3,000.00 payable in 30 days made by Mr. Vickers, seconded by Ms. Cohen and the Motion was unanimously approved. 5.D Request for Relief Guerna Blot 10707 NW 1 Avenue Ms. Gregory Moore (son) testified there was a lot of work done. The Board asked questions. Staff testified about the case. Motion to accept the amount of $150.00 payable in 30 days made by Mr. Buenconsejo, seconded by Ms. Cohen and the Motion unanimously approved. 5.E Request for Relief Marilyn Hawkins 749 Grand Concourse Ms. Hawkins testified that she has a lot on her plate. The house is not for sale. She would like for the Board to consider her offer of $2,000.00 and release the liens. The Board asked questions. There was no motion. Failed for lack of motion. 6) MINUTES Motion to approve the amended minutes of March 4, 2021 made by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was unanimously approved. Motion to approve the minutes of April 1, 2021 made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was unanimously approved. 7) DISCUSSION The Board asked procedural questions. Staff gave an explanation regarding how the cases get put on the agenda. The Board discussed the amounts given by the applicants. There was consensus about being able to agree to disagree on each particular case. Discussion took place about quorum and agreed to request the legal department regarding this. The Board would like for Staff to request an emergency meeting in the event that there was no quorum on the regular meeting date. The Board would like for Staff to email each Board member before the meeting date to confirm. 8) ADJOURNMENT The meeting adjourned.