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2022-03-3 PB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT BOARD MEETING MINUTES DATE: March 3, 2022 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting was called to order by Vice Chair Buenconsejo. Swearing in of the Witnesses by the Assistant Village Attorney Joey Isenberg. 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. Vickers Ms. Cohen Ms. Coia Mr. Perl Mr. McGuire Vice Chair Buenconsejo Excused Absence: Chairman Huber 3) FIRST HEARING - NOTICES OF VIOLATION 1. Code-000809-2022 Shane Vince 1640 NE 10 Street Mr. Joshua Hanif was present of behalf of Mr. Shane. He is aware of the violations and agrees that there is a violation. Mr. Hanif said that they had applied for permits. Staff recommends 90 days to comply, this is the first offense. The Board asked questions. Motion to approve Staffs recommendations by Mr. Vickers, Seconded by Ms. Cohen Vote: 6-0 2. Code-000865-2022 Shane Vince 1640 NE 104 Street Mr. Joshua Hanif was present of behalf of Mr. Shane. Staff is recommending 90 days for compliance and adjudication of this case. Mr. Hanif agrees that there is a violation. The Board asked questions and made comments. Motion to adjudicate and 90 days to comply by Mr. Vickers, Seconded by Ms. Coia Vote: 6-0 3. Code-000879-2022 Shane Vince 1640 NE 104 Street Mr. Hanif testified that they were under the impression that they were not in violation. Staff is recommends this offense as the third offense and as such be fined 500.00 for each offense per occurrence. Irreparable and Irreversible offense. The Board asked questions. Motion to adjudicate by Ms. Cohen, Seconded by Mr. Vickers Vote: 5-1 with Mr. Perl voting against. Summary Adjudication for 1st Hearings: Case(s): 000290-2021; 000794-2021; 000797-2021; 000833-2022; 000802-2022; 000812-2022; 000823-2022. 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 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 Mr. Pert, seconded by Mr. Vickers Vote: 6-0. 2 3.A Notice of Violation 2022-3-3 2022-3-3 Notice of Violation.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 000726-2021; 000728-2021; 000680- 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. Vickers, seconded by Mr. Perl Motion approved 6-0 4.A Enforcement Order 2022-3-3 2022-3-3 Enforcement Orders.pdf 5) REQUEST FOR RELIEF 5.A Request for Relief Request for Refund Recommendation to the Manager GHG-SDB001 LLC 9050 NE 8th Avenue Mr. Goldberg was present to testify. This case came before the Board in February, 2022. The Board asked questions. The final amount requested for refund is $20,904.00. Motion to recommend to the Village Manager to refund the amount of $20,904.00 in 60 days by Mr. Vickers, seconded by Ms. Coia and the Motion was approved 4-2. 9050 NE 8 Avenue - Refund Request.pdf 5.B Request for Relief 102 NW 105 Street Mentsh Payet LLC Mr. Carmino was present and testified that this is a foreclosure and that the Code liens had been exhausted at foreclosure. The Board asked questions. The final amount offered is $2,500.00 payable in 30 days. Failed for lack of motion. 102 NW 105 ST.doc.pdf 5.0 Request for Relief 749 Grand Concourse Camilo Pulley/Marilyn Hawkins Ms. Hawkins was present to testify. The Board asked questions. Ms. Hawkins said that the amount of $2,500.00 is what she could afford. The final amount offered is $2,500.00 payable in 30 days. Motion to accept $2,500.00 payable in 30 days by Ms. Coia, seconded by Mr. Vickers and the Motion failed 4-2. 749 Grand Concourse.doc.pdf 5.1) Request for Relief Mariana Santana 739 NE 94 Street Mr. Renato Santana was present of behalf of his wife Mariana Santana. He testified that they are in the process of refinancing and found out about he liens. The Board asked questions. Mr. Renato testified that they need to refinance for upgrades. The final amount offered is $500.00 payable in 30 days. Failed for lack of motion. 739 NE 94 Street.pdf 5.E Request for Relief Wells Fargo 9899 NE 2 Avenue Mr. Serafin Yanis was present to Testify. The Board asked questions. Mr. Yanis updated the Board about the issue with trash on site. This has been corrected according to Mr. Yanis. The final amount offered is $4,000.00 payable in 30 days. Motion to accept $4,000.00 payable in 30 days by Mr. Vickers, seconded by Mr. Perl and the Motion was approved 6-0. 9899 NE 2 Avenue.pdf 6) MINUTES Motion to approve the Minutes for February 3, 2022 by Mr. Perl, seconded by Mr. Vickers and the Motion was approved 6-0. 6.A Approval of the Minutes of February 3, 2022 2022-02-03 CEB Minutes.pdf 7) DISCUSSION 8) ADJOURNMENT The meeting adjourned.