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2022-02-3 CEB MinutesMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar CODE BOARD MEETING MINUTES Esmond Scott, Village Manager Richard Sarafan, Village Attorney Ysabely Rodriguez, Village Clerk DATE: February 3, 2022 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER The meeting was called to order by Chairman Huber at 6:00 PM. Swearing in of the Witnesses by the Assistant 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. Buenconsejo Ms. Cohen Ms. Coia Mr. McGuire Mr. Perl Mr. Vickers Chairman Huber Also present: Elizabeth McIntosh, Assistant Village Attorney Lazaro Remond, Code Compliance Director Mike Orta, Code Officer Mariana Gracia, Code Enforcement Board Secretary 3) FIRST HEARING - NOTICES OF VIOLATION 1 Code Case: 000749-2021 Shane Vince 1640 NE 104 Street The violator was not present. Staff would like for the case to be adjudicated with no fines and it be deemed a repeat offense. The violation is for Air B&B still active. The Board asked questions. Motion to adjudicate that this violation exists and that it is a repeat offense, an irrevocable and irreparable offense by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was approved 6-1 with Mr. McGuire absent. Summary Adjudication for 1st Hearings: Case(s): 000605-2021; 000726-2021; 000728-2021; 000144-2021; 000199-2021; 000388-2021; 000647-2021; 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 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 Mr. Perl, seconded by Mr. Buenconsejo Vote: Motion unanimously approved. 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 000536-2021; 000556-2021; 000667- 2021; 000671-2021; 000690-2021; 000205-2021; 014292-2019. 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 Ms. Cohen, seconded by Mr. Buenconsejo Motion was unanimously approved. 5) REQUEST FOR RELIEF 5.A Request for Relief GHG-SDB001 LLC 9050 NE 8th Avenue Miami Shores, FL 33138 Request for Refund of $29,640.00 by the owner. The Board asked questions. Elizabeth McIntosh, Esq. explained to the applicant that this Board is making a recommendation to the Village Manager to pay out the refund. This Board can only make a recommendation. Motion to recommend to the Village Manager to refund the amount of $19,640.00, seconded by Mr. Huber and the Motion failed 5-2 with Mr. Buenconsejo and Mr. Vickers voting yes. Request for Relief for the amount accrued of $9,350.00 Case#001830-2019. Amount offered is $4,675.00 payable in 30 Days. The Board asked questions. Motion to approve the amount offered of $4,675.00 payable in 30 days by Ms. Coia, seconded by Mr. Vickers and the Motion was approved 6-1 with Mr. Perl voting no. 9050 NE 8 Avenue.pdf 5.13 Request for Relief Guerlie Laurent 8833 NE 4 Avenue Road Ms. Guerlie Laurent was present and testified. The Board asked questions. The amount offered to satisfy the lien is $50.00 payable in 30 days. Motion to approve the amount of $50.00 payable in 30 days by Ms. Cohen, seconded by Ms. Coia and the Motion was approved 5-2 with Mr. Perl and Mr. Vickers voting no. 8833 NE 4 Avenue Road.pdf 5.0 Request for Relief Mentsh Payet LLC 102 NW 105 Street Mr. Nicolas Camino, member of Mentsh Payet LLC was present and proceeded to testify. The Board asked questions. Mr. Camino proceeded to testify as to why the liens were extinguished at the foreclosure. Elizabeth McIntosh, Esq. proceeded to let Mr. Camino know the Village takes a different stance related to liens and their foreclosure. The final amount offered was $2,500.00 payable in 30 days. The item was not approved for lack of Motion. 102 NW 105 Street.pdf 5.D Request for Relief Ernest & Cyrena Rose 30 NE 95 Street Mr. Ernest Rose was present and proceeded to testify about the difficulties faced by his family. The Board asked questions. There is a contract on the house for $695,000.00. The final amount offered is $5,000.00 payable in 90 days. Motion to approve the amount of $5,000.00 payable in 90 days by Ms. Coia, seconded by Mr. Huber. Motion failed 3-3 with Mr. Perl abstaining. BP Motion to approve the amount of $10,000.00 payable in 90 days by Ms. Coia, seconded by Mr. Vickers. Motion was approved 4-2. 30 NE 95 Street.pdf 5.E Request Relief 88 Biscayne Management LLC 8907 Biscayne Blvd. Mr. Jonathan Lopez was present and proceeded to testify. This is an empty lot not for sale. The Board asked questions. The final amount offered is $17,500.00 payable in 30 days. Motion to approve the amount of $17,000.00 payable in 30 days by Mr. Vickers, seconded by Mr. Buenconsejo and the Motion was approved 4-3 with Ms. Cohen, Mr. McGuire and Mr. Perl voting no. 8907 Biscayne Blvd..pdf 5.F Request for Relief Frank Emmert 9833 N. Miami Avenue Mr. Emmert and Mr. Steven Loffredo his attorney were present and proceeded to testify. Mr. Emmert claims he did not receive the certified mail. Staff testified as to the things that Mr. Emmert did to cut the grass. The Board asked questions. The home is not a homestead property. The house is under contract with Mr. Duffy. The final amount was raised to $25,000.00 payable in 60 days. Motion to approved the amount of $25,000.00 payable in 60 days by Mr. Buenconsejo, seconded by Mr. Perl and the Motion was approved 6-1 with Ms. Cohen voting no. 9833 N Miami Avenue.pdf 4 5.G Request for Relief Wells Fargo 9899 NE 2nd Avenue Mr. Penaves on behalf of Wells Fargo was present and proceed to testify that the bank was doing everything they can to keep the property clean. Mr. Loffredo was present and testified that the violator do everything they can to keep the property clean. Staff testified that this is a recurring violation. The Board asked questions and gave feedback to the violator. The final amount offered is $2,000.00 payable in 30 days. Motion to approve the amount of $2,000.00 payable in 30 days by Mr. Huber, seconded by Mr. Perl and the Motion failed 3-4 with Ms. Cohen, Ms. Coia, Mr. McGuire, and Mr. Vickers voting no. 9899 NE 2 Avenue.pdf 5.1-1 Request for Relief MN Invest Group (Pavel Bushuev) 1030 NE 105 Street The Representative for MN Invest Group Ms. Inos was present and proceeded to testify. The violations were created by previous owner. There was an issue with the Tenant at that time. The Board asked questions. The final amount is $8,000.00 payable in 30 days. Motion to approve the amount of $8,000.00 payable in 30 days, seconded by Mr. Huber and the Motion failed 5-2 with Mr. Buenconsejo and Mr. Huber voting yes. 1030 NE 105 Street.pdf 6) MINUTES Motion to approve the minutes of December 2, 2021 by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was unanimously approved. 6.A Approval of the Minutes for December 2, 2021 2021-12-2 CEB Minutes.pdf 7) DISCUSSION — NONE 8) ADJOURNMENT Motion to adjourn by Mr. Perl, seconded by Ms. Cohen and the Motion was unanimously approved.