Loading...
2022-09-1 CEB MinutesMayor 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 BOARD MEETING MINUTES DATE: 9-1-2022 TIME: 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairman Huber called the meeting to order at 6:00 PM. 2) ROLL CALL Present: Board Member McGuire Board Member Cohen Board Member Coia Board Member Perl Board Member Buenconsejo Chairman Huber Absent: Board Member Vickers Also, present: Attorney Marlon Hill Lazaro Remond, Code Director Mike Orta, Code Officer Mariana Gracia, Code Assistant 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. 3) FIRST HEARING - NOTICES OF VIOLATION Code Case# 001136-2022 Mava Capital, Maria Vargas 174 NW 108 Street Lazaro Remond, Director presented the case for the Board. Mr. Daniel Cuello was present on behalf of the owner and testified that they were in the process of getting the permits for the work performed. The Board asked questions. Motion to for finding of facts with 90 days to comply by Board Member Perl, second by Board Member Buenconsejo and the Motion was approved 6-0. Code Case#001249-2022 Gonzalez TRS, Joseph J 113 NE 101 Street Lazaro Remond, Director of Code presented the case for the Board. The Board asked questions. Public Comments: 1. Ms. Paula Duke testified that for the past 4 months there has been disruptions in the activities of daily life for the surrounding neighbors. Parties and strangers come and go frequently. Ms. Duke expressed her frustration with this situation. 2. Mr. Clark Reynolds testified he could smell the marihuana. He questioned the application process for short-term rentals. 3. Mr. Fernando Cotto asked what the city is doing about short-term rentals. He stated that it should not be the responsibility of the neighbors but the city. Chairman Huber said that we need neighborhood complaint. Ms. Cohen said that this was a valid concern and suggested they need to go to Council. 4. Mr. Leyva testified he had met with the Village Manager. He has called the Police Department 5 times. He testified of the disturbance to the neighborhood since March of this year. Mr. Huber said that this is the first offense at this Board. Mr. Leyva said that the Ordinance is unenforceable. Mr. Perl - Called a point of order. He stated that the Board could only find a violation and lien the property. Policies or laws need to go before the Village Council. There was discussion by the Board. Public Comment Closed. Motion for finding of fact that this violation is an irreparable/irreversible violation with a fine of $5,000.00 per violation by Board Member Perl, seconded by Board Member and the Motion was approved 6-0. Code Case #001251-2022 Gonzalez TRS, Joseph J 113 NE 101 Street Mr. Remond presented the case to the case of artificial turf installed illegally. Staff is recommending 30 days to comply and obtain permit. Motion for finding of fact that this violation exists with $150.00 a day fine if Board Member Perl, seconded by Board Member Buenconsejo, does not correct the violation and the Motion was approved 6-0. Code Case #001273-2022 Gerhardt, David 61 NE 104 Street Lazaro Remond, Code Director presented the case before the Board. This is the second offense. Mr. Remond read an email provided by the owner into the record. The Board asked questions. Motion for finding of fact for adjudication of the second offense with a fine of $5,000.00 by Board Member Perl, seconded by Board Member Buenconsejo and the Motion was approved 6-0. Summary Adjudication for 1st Hearings: Case(s): 001213-2022; 001080-2022; 001145-2022; 001206-2022. 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 Board Member Cohen, seconded by Board Member Buenconsejo Vote: Motion was approved 6-0. 3.A Notices of Violation 2022-9-1 Notice of Violation.pdf 4) PENALTY HEARING - ENFORCEMENT ORDERS Code Case#001134-2022 Pappalettera, Sebastian 1556 NE 105 Street B4 Lazaro Remond, Code Director presented the case for the Board. Mr. Pappalettera was present and agrees that the violation exists. Staff is recommending 3 months to comply this violation. The Board asked questions. Motion for finding of fact that a violation exist, 3 months to comply by Board Member Perl, seconded by Board Member Buenconsejo and the Motion was approved 6-0. Summary Adjudication for Penalty Hearings: Case #'s: 001075-2022; 001140-2022; 001048- 2022; 001087-2022; 001177-2022; 001303-2020. 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 Board Member Buenconsejo, seconded by Board Member Perl Motion was approved 6-0. 4. A Enforcement Orders 2022-9-1 Enforcement Orders.pdf 5) REQUEST FOR RELIEF 5. A Request for Relief Aletha Hardiman 107 NW 103 Street Ms. Alitha Hardiman and Mr. Hardiman were present and testified about the circumstances of the violation. They are retired now and in a fixed income. Motion to approve the amount of $1,000.00 payable in 30 days by Board Member Perl, seconded by Board Member Buenconsejo, amended by Chairman Huber and the Motion was approved 6-0. 107 NE 103 Street. df 5. B Request for Relief Mexmia III LLC 15 NE 95 Street Mr. Erin Mussell was present and testified that the house is not for sale. Lazaro Remond, Code Director testified that the owner had been very cooperative. Motion to approve the amount of $2,000.00 payable in 30 days by Board Member Buenconsejo, seconded by Board Member Coia and the Motion was approved 4-2 with Ms. Cohen and Mr. Perl voting against it. 15 NE 95 Street.pdf 5. C Request for Relief Eduardo Araoz 716 NE 92 Street #2 M Ms. Araoz and Mr. Araoz were present and testified that this property was habited by Mr. Araoz's mother a senior citizen. The contractor she hired did not pull permits. Motion to approve the amount of $500.00 payable in 30 days by Mr. Buenconsejo, seconded by Mr. Perl and the motion failed 3-3. BP Motion to accept the amount of $1,200.00 payable in 90 days by Mr. Perl, seconded by Mr. Buenconsejo and the Motion was approved 4-2 with Mr. McGuire and Ms. Cohen voting against the Motion. 716 NE 92 Street 2M.pdf 6) MINUTES Motion to approve the minutes for July 1, 2022 by Mr. Pert, seconded by Mr. Buenconsejo and the Motion was approved 6-0. 6. A Approval of the Minutes for August 4, 2022 2022-8-4 CEB Minutes.pdf 7) DISCUSSION 7. A Code Enforcement Board RFR Schedule for 2022 -2023 2022-2023 CEB RFR SCHEDULE.pdf 7. B 2022-2023 CEB Calendar Motion to approve the 2022-2023 calendar by Mr. Perl, seconded by Mr. Buencosejo and the Motion was approved 6-0. 2022-2023 CEB Calendar.pdf 7. C CEB Absences Report 2021 and 2022 Attendance discussion about the absences by the Board. Chairman Huber asked the Board to attend as many meetings as possible. Motion by Chairman Huber, seconded by Board Member Buenconsejo and the Motion was approved 6-0. CEB Absences Report 2022.pdf 8) ADJOURNMENT The meeting adjourned at 7:45 PM.