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2021-8-5 CEB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar R Esmond Scott, Interim Village Manager Richard Sarafan, Village Attorney j Ysabely Rodriguez, Village Clerk Ir **-'A1NWt f�0445 We CODE ENFORCEMENT BOARD MEETING MINUTES DATE: August 5, 2021 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Motion to assign Mr. Vickers as the Chairman for tonight by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 4-0. 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. McGuire Ms. Cohen Mr. Vickers Excused Absence: Mr. Buenconsejo Mr. Huber Ms. Coia Also present: Elizabeth McIntosh, Assistant Village Attorney Lazaro Remond, Code Compliance Director Mike Orta, Code Officer Mariana Gracia, Code Clerk 3) FIRST HEARING - NOTICES OF VIOLATION There was no one present for first hearing. Summary Adjudication for 1st Hearings: Case(s): 000061-2021; 000355-2021; 000417-2021; 000482-2021; 001825-2020; 000111-2021; 000319-2021; 000337-2021; 000484-2021; 001832-2020 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 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 approved 4-0. 3.A Notices of Violation for August 5, 2021 Notice of Violation 8-5-2021.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 000154-2021; 000438-2020; 001340- 2020; 004721-2019; 000104-2021; 000148-2020; 000263-2021; 000311-2021; 000353-2021; 000370-2021; 000384-2021; 001522-2020; 005430-2019. 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 Mr. Perl, seconded by Ms. Cohen Motion was approved 4-0. 4.A Enforcement Orders for August 5, 2021 Enforcement Orders 8-5-2021.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief Bernard Francis 9338 NW 2nd Court Ms. Adrienne Stevens was present on behalf of Mr. Francis. She Mr. Francis Realtor. The Board asked questions. The final amount is $5,615.00 payable in 30 days. Motion to approve the amount of $5,615.00 payable in 30 Days by Mr. McGuire, seconded by Mr. Perl and the Motion was approved 4-0. RFR 9338 NW 2 CT.pdf 5.B Request for Relief Flavio Datorre & Juan Carlos Ruiz 161 NE 105 Street Juan Carlos Ruiz and Flavio Datorre were present and presented their case to the Board. The Board asked questions. The Legal Department advised as to Ms. Cohen. Ms. Cohen abstained. The final amount is $2,500.00 payable in 30 days. Died for Lack of Motion. Mr. Vickers advised to come back next month. RFR 161 NE 105 Street.pdf 5.0 Request for Relief Miami Capital Fund LLC 425 NE 91 Street Ms. Nancy Dawson, Realtor was present on behalf of Miami Capital Fund LLC. The Board asked questions. The final amount is $3,600.00 payable in 30 days. Died for lack of Motion. Mr. Vickers advised to come back next month. RFR 425 NE 91 Street.pdf 5.D Request for Relief William F. Hulme III/lvanna Konidari 196 NE 105 Street Ms. Nancy Dawson, Realtor was present on behalf of Mr. Hulme. The Board asked questions. The final amount is $1,200.00 payable in 30 days. Motion to approve the amount of $1,200.00 payable in 30 days by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 3-1 with Mr. Buenconsejo voting against it. RFR 196 NE 105 Street.pdf 6) MINUTES Motion to approve the Minutes for July 1, 2021 as amended by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 4-0. 6.A Approval of the Minutes for July 1, 2021 Code Board Minutes for July 1, 2021.pdf 7) DISCUSSION NONE 8) ADJOURNMENT Motion to adjourn by Mr. Vickers, seconded by Ms. Cohen and the Motion was approved 4-0.