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2021-09-02 CEB MinutesMayor 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 01�AlNhff f�10445 Owe cor CODE ENFORCEMENT MEETING MINUTES DATE: September 2, 2021 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting was called to order at 6:10 PM by Chairman Huber. SWEARING IN OF WITNESSES BY THE ASSITANT VILLAGE ATTORNEY Elizabeth McIntosh: 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. Perl Mr. Buenconsejo Ms. Cohen Ms. Coia Mr. Vickers Chairman Huber Absent: Mr. McGuire - Excused Absence Also Present: Elizabeth McIntosh - Assistant Village Attorney Joe Eisenberg - Attorney Lazaro Remond - Code Compliance Director Mariana Gracia - Code Clerk 3) FIRST HEARING - NOTICES OF VIOLATION 1 Summary Adjudication for 1st Hearings: Case(s): 000146-2021; 000420-2021; 000525-2021. 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 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 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 approved 6-0. 3.A Notices of Violation Notice of Violation 9-2-2021.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 000044-2021; 000417-2021; 000482-2021. 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 Mr. Vickers. Motion was approved 6-0. Motion to amend Motion by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was approved 6-0. 4.A Enforcement Orders Enforcement Orders 9-2-2021.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief Miami Capital Fund LLC 425 NE 91 Street Ms. Nancy Dawson was present on behalf of the owner. She testified that the owner could not make the meeting for personal reasons. The Board asked questions. The amount offered is $14,000.00 payable in 60 days. Motion to accept the amount of $14,000.00 payable in 60 days made by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was approved 5-1 with Ms. Cohen voting against it. 425 NE 91 Street.pdf 5.B Request for Relief Flavio Datorre & Juan Carlos Ruiz 161 NE 105 Street Mr. Datorre and Mr. Ruiz were present and testified that they had been here last month and their offer was declined. The Board asked questions. Mr. Datorre testified that they want to refinance their property and the liens are in the way. They want to keep the house. The amount offered is $7,500.00 payable in 60 days. Motion to accept the amount of $7,500.00 payable in 60 days made by Mr. Vickers, seconded by Mr. Perl and the Motion was approved 6-0. 161 NE 105 Street.pdf 5.0 Request for Relief Doris Grimaldi 46 NW 96 Street Ms. Grimaldi was present and wished to testify. Officer Remond testified about the comply sys violation in the amount of $224,000.00 not being valid. Would like the Board to consider removing this violation. The new total of lien amount is $140,850.00. The Board asked questions. Ms. Grimaldi testified that she did not know about the violations because she was out of the country. She took long because she did not have the money to pay. The amount offered to release the liens is $3,500.00 payable in 30 days. Motion to accept the amount of $3,500.00 payable in 30 days by Ms. Coia, seconded by Mr. Huber and the Motion failed 4 Ney to 2 yes. 46 NW 96 Street.pdf 6) MINUTES Motion to approve the minutes as Amended by Mr. Buenconsejo made by Mr. Vickers, seconded by Ms. Cohen and the Motion was approved 6-0. 6.A Approval of the Minutes for August 5, 2021 2021-8-5 CEB Minutes.pdf 7) DISCUSSION TA Approval of the 2021-2022 Meeting Calendar Motion to approve the 2021-2022 Code Meetings Calendar made by Mr. Perl, seconded by Mr. Vickers and the Motion was approved 6-0. Calendar 2021-2022 to be Approved.pdf 8) ADJOURNMENT The meeting adjourned at 6:40 PM.