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2022-04-7 CEB 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: April 7, 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 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 Mr. McGuire Ms. Coia Ms. Cohen Mr. Buenconsejo Chairman Huber Excused Absence: Mr. Perl Also present: Lazaro Remond, Code Compliance Director Mike Orta, Code Compliance Officer Mariana Gracia, Code Enforcement Board Secretary 3) FIRST HEARING - NOTICES OF VIOLATION 3.A Notice of Violation 4-7-2022 Summary Adjudication for 1st Hearings: Case(s): 000813-2022; 000836-2022; 000852-2020; 001843-2020; 000743-2021; 000744-2021; 000745-2021; 000746-2021; 000747-2021; 000748- 2021; 000814-2022; 000822-2022; 000886-2022; 000887-2022. 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 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. Vickers, seconded by Mr. Buenconsejo Vote: Motion was approved 6-0. 4) PENALTY HEARING - ENFORCEMENT ORDERS Code 000146-2021 Pappas Trustee, Michelle 9999 NE 13 Avenue Motion to grant 90 days to comply per Staffs recommendations by Ms. Coia, Seconded by Ms. Cohen and the Motion was approved. Summary Adjudication for Penalty Hearings: Case Ws: 000146-2021; 000794-2021; 000833- 2022; 000802-2022; 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 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. 2 Moved by Mr. McGuire, seconded by Mr. Vickers Motion was approved 6-0. 4.A Enforcement Orders 4-7-2022 5) REQUEST FOR RELIEF 5.A Request for Relief Rio Giardinieri 691 NE 94 Street Mr. Giradinieri was present and testified to some personal issues that his family had gone through. He did not know that there was a lien on the house. The Board asked questions. The final amount offered is $500.00 payable in 30 days. Motion to approve the amount of $500.00 payable in 30 days by Mr. Buenconsejo, seconded by Ms. Coia and the Motion was approved 6-0. 691 NE 94 Street.pdf 5.B Request for Relief Adriana Diaz-Bergnes 101 NE 102 Street Ms. Adriana Diaz was present and testified about the collapsed fence. The Board asked questions. The final amount offered is $150.00 payable in 30 days. Motion to accept $150.00 payable in 30 days by Mr. Vickers, seconded by Ms. Coia and the Motion was approved 6-0. 101 NE 102 Street.pdf 5.0 Request for Relief Estate of Edner Janvier 67 NW 109 Street Ms. Vanessa Janvier was present to testify that her father, who passed away, did not understand the process. He didn't know about the lien. The Board asked questions. The final amount offered is $2,000.00 payable in 90 days. Motion to approve the amount of $2,000.00 payable in 90 days by Mr. Buenconsejo, seconded by Ms. Cohen and the Motion was approved 6-0. 67 NW 109 Street.pdf 5.1) Request for Relief Camilo Pulley/Marilyn Hawkins 749 Grand Concourse Ms. Marilyn Hawkins was present and testified that her house is not for sale. She wants to resolve these liens. The Board asked questions. The final amount offered is $2,600.00 payable in 30 days. Motion to approve the amount of $2,600.00 payable in 30 days by Mr. Vickers, seconded by Mr. Buenconsejo and the Motion was approved 4-2 with Ms. Cohen and Mr. Huber voting against the Motion. 749 Grand Concourse.pdf 5.E Request for Relief Oscar Simmonds/Mario Casal Jr. 10050 N. Miami Avenue Mr. Oscar Simmonds was present and testified that the house is for sale. The Board asked questions. 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 Mr. Buenconsejo, seconded by Mr. McGuire and the Motion was approved 6-0. 10050 N. Miami Avenue.pdf 5.F Request for Relief Frasan Corp., c/o Jorge Llamas 715 NE 92 Street Realtor Cristina by POA was present of behalf of Mr. Llamas. She testified that Mr. Llamas never knew about the lien until the title search. The Board asked questions. The closing is set for April 15, 2022. The final offer is $2,500.00 payable in 30 days. Motion to approve the amount of $2,500.00 payable in 30 days by Ms. Coia and the Motion was approved 6-0. 715 NE 92 Street.pdf 5.G Request for Relief Mentsh Payet LLC 102 NW 105 Street Mr. Camino a member of Menth Payet LLC was present and proceeded to testify. The liens were foreclosed and Miami Shores was named in the foreclosure. The Board asked questions. The final amount offered is $3,500.00 payable in 30 days. Motion to approve the amount of $3,500.00 payable in 30 days by Mr. Huber, seconded by Mr. Vickers and the Motion was approved 5-1 with Mr. Buenconsejo voting against the Motion. 102 NW 105 Street.pdf 4 6) MINUTES Motion to approve the Minutes by Ms. Coia, seconded by Mr. Vickers and the Motion was approved 6-0. 6.A Approval of the Code Enforcement Board Minutes for March 3, 2022 2022-3-3 CEB Minutes.pdf 7) DISCUSSION There was discussion about not having any discussion amongst the Board members without it being recorded while the meeting is in order. 8) ADJOURNMENT