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2021-07-01 CEB Minutes 1 Mayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Interim Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT MEETING MINUTES DATE: July 1, 2021 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Huber called the meeting to order at 6:00 PM. 2) ROLL CALL Present: Mr. Buenconsejo Mr. McGuire Mr. Perl Mr. Vickers Chairman Huber Excused Absence: Ms. Cohen Ms. Coia Also present: Richard Sarafan, Village Attorney Lazaro Remond, Code Enforcement Director Mike Orta, Code Officer Mariana Gracia, Code Enforcement 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. 3) FIRST HEARING - NOTICES OF VIOLATION Code-000401-2021 2 Mueller Giesbers, Hellmut 1131 NE 104 Street Mr. Harold Losano (Tenant) was present. He agrees that the violation exists. Lazaro Remond testified and recommended to adjudicate and if the violation comes back before the Board the fine will be $5,000.00 and be treated as a repeat offense. The Board asked questions. Motion for finding of facts in conclusion of law that a violations is in compliance and that if the violation comes back before the Board that it be treated as a repeat offense with a fine in the amount of $5,000.00 made by Mr. Vickers, seconded by Mr. Buenconsejo and the Motion was approved 4-1 Mr. Perl against. Summary Adjudication for 1st Hearings: Case(s): 000321-2021; 000401-2021; 000104-2021; 000148-2020; 000205-2021;000263-2021; 000275-2021; 000311-2021; 000353-2021; 000370-2021; 000384-2021; 001522-2020. 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. Perl, seconded by Mr. Buenconsejo Vote: Motion was approved 5-0 3.A Notices of Violation Notice of Violation 7-1-2021.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case #’s: 000155-2021; 000183-2021; 000149-2020; 000152-2021; 000194-2021; 000283-2020; 000320-2020. 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 3 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 Mr. Perl Motion was approved 5-0. 4.A Enforcement Orders Enforcement Orders 7-1-2021.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief Grace Garcia 436 NE 93 Street Ms. Garcia testified that she was notified via Certified mail. There were no questions by the Board. Chairman Huber asked the final questions. Ms. Garcia offered to pay $250.00 payable in 30 days. Motion to approve the amount of$250.00 payable in 30 days made by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was approved 4-1 with Mr. Perl against. 436 NE 93 ST.pdf 5.B Request for Relief Dexter Milton 806 NE 92 Street Mr. Dexter Milton testified that he had bought the house for 500,000.00 and had invested a substantial amount of money with improvements. The Board asked questions. Mr. Milton offered to pay $3,100.00 payable in 30 days. Motion to approve the amount of $3,100.00 payable in 30 days to release the lien made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was approved 5-0. 806 NE 92 St.pdf 5.C Request for Relief Laura Rodriguez 9900 NE 13 Avenue Ms. Rodriguez testified that she found out the lien recently. The Board asked questions. Ms. Rodriguez offered to pay$2,100.00 payable in 30 days. Motion to approve the amount of $2,100.00 payable in 30 days to release the lien made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was approved 5-0. 9900 NE 13 Avenue.pdf 5.D Request for Relief Laura Rodriguez 10150 NE 14 Avenue 4 Ms. Rodriguez testified that the house was not for sale. The Board asked questions. Ms. Rodriguez offered to pay the amount of$400.00. Motion to approve the amount of $400.00 payable in 30 days made by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was approved 5-0. 10150 NE 14 Avenue.pdf 6) MINUTES Motion to approve the minutes of June 3, 2021 made by Mr. Buenconsejo, seconded by Mr. McGuire and the Motion was approved 5-0. 6.A Approval of the Code Board Minutes for June 3, 2021 Code Board Minutes for June 3, 2021.pdf 7) DISCUSSION NONE 8) ADJOURNMENT The meeting adjourned.