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2022-06-2 CEB Minutes 1 Mayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Katia Saint Fleur Councilmember Crystal Wagar Esmond Scott, Village Manager Sarah Johnston, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT MEETING MINUTES DATE: June 2, 2022 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Huber called the meeting to order at 6:00 PM. Swearing in of the Witnesses by Attorney Marlon Hill. 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. Coia Mr. McGuire - in at 6:16 PM Mr. Perl Mr. Buenconsejo Chairman Huber Absent: Ms. Cohen Also present: Marlon Hill, Village Attorney Lazaro Remond, Code Director Mike Orta, Code Officer Mariana Gracia, Code Board Secretary 2 3) FIRST HEARING - NOTICES OF VIOLATION 3.A Notices of Violation for June 2, 2022 Code-000916-2022 Marianella B, Omar O Solis 9322 NE 6 Avenue There was no one present on behalf of the violatiors. Staff presented the case and recommended 30 days to comply. There was discussion between the Board and Staff. Staff suggested to invite the Village Arborist to assess the damage. Motion to adjudicate Code Case 000916-2022 by Mr. Buenconsejo, seconded by Mr. Vickers and the Motion was approved 6-0. Code Case 001048-2022 Invernizzi, Marcela 2 NE 91 Street There was no one present on behalf of the violator. Staff presented and recommended for an irreparable and irrevocable violation exists. The Board asked questions. Motion to find an irreparable and irrevocable violation as to code section 12-269; 12-270 and code section 6-4(a) by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 6-0. Code-001068-2022 Ansinelli, Lucas Adrien 101 NE 105 Street Mr. Lucas was present and testified he was not sure about the violation. Officer Orta presented the case for unauthorized construction and expired permits, code section 6-4(a) and code section 536. Photos presented by Staff. The violator asked for Staff to let him know how to cure. The Board asked questions. Motion to continue this case and allow 90 days to cure the violation by Mr. Perl, seconded by Mr. Buenconsejo - Motion amended to allow to obtain/close the permits - The Motion was approved 6-0. Summary Adjudication for 1st Hearings: Case(s): 001044-2022; 001838-2020; 000815-2022; 000915- 2022; 000990-2022; 000996-2022; 000998-2022. 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 3 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 5-1 (Mr. Vickers was out). Notice of Violation 6-2-2022.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case #’s: 000605-2021; 001825-2020; 000799- 2022; 000878-2022. 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 Mr. Buenconsejo Motion was approved 6-0. 4. A Enforcement Orders for June 2, 2022 Enforcement Orders June 2, 2022.pdf 5) REQUEST FOR RELIEF 5. A Request for Relief MN Invest Group (Pavel Bushuev) 1850 S Ocean Drive #3702 Hallandale Beach, FL For: 1030 NE 105 Street Mr. Dan Anius was present on behalf of MN Invest Group and testified that the violations has cured. The Board asked questions. The amount proposed to settle was $13,500.00 payable in 30 days. 4 Motion to approve the amount of $13,500 payable in 30 days by Mr. Vickers, seconded by Ms. Coia and the Motion was approved 4-2 with Mr. Perl and Mr. Buenconsejo voting against it. 1030 NE 105 Street.pdf 5. B Request for Relief Helen Ruby (POA: Wesley Pearce) 145 NW 95 Street Mr. Wesley Pearce was present and explained the current situation of the owners of this property. Mr. Pearce said that he took care of all of the violations as soon as he got involved. The Board asked questions. The amount proposed was $15,000.00 payable in 30 days. Motion to approve the amount of $15,000.00 payable in 30 days by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 6-0. 145 NW 95 Street.pdf 6) MINUTES 6. A Approval of the Minutes for May 5, 2022 Motion to approve the Minutes of May 5, 2022 by Mr. Perl, seconded by Ms. Coia and the Motion was approved 6-0. 2022_5-5 CEB Minutes.pdf 7) DISCUSSION Ms. Coia inquired if we have to follow the order of the agenda or if we could change it. Mr. Hill stated that is up to the discretion of the Board. Mr. Huber asked the legal department if there are any changes to the Board’s script. There was discussion amongst the Board/Staff and legal department about the issues brought up. 8) ADJOURNMENT Motion to adjourn by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 6 - 0.