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2023-2-2 CEB Minutes.docxMayor 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 11*�All&nit f�0445 Ale CODE ENFORCEMENT BOARD MEETING MINUTES DATE: 2-2-2023 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: Mr. Vickers Mr. McGuire Ms. Cohen Mr. Gromadzki Mr. Perl Chairman Huber Absent: Mr. Buenconsejo - Excused Absence Also, present: Marlon Hill, Attorney for the Board Lazaro Remond, Code Director Mike Orta, Code Officer Vivienne (Bo) Yao, Secretary 3. A Notice of Violation 3) FIRST HEARING - NOTICES OF VIOLATION Code Case: 001465-2022 Miami Shores 95 LLC 65 NW 95 Street Miami Shores, FL 1 The violator testified that permit never issued, fell out with contractor. When Officer Mike Orta stopped the job, they stopped working. Staff recommends 60 days to obtain permit, please communicate with Officer Orta. Motion to allow for 60 days coming into compliance by Member Vickers, seconded by Member Cohen and the motion was approved 6-0. Summary Adjudication for first Hearings: Case(s) 001371-2022; 01-23-21; 01-23-22; 01-23-23; 000819-2022; 001317-2022; 001442-2022; 001451-2022; 001463-2022; 001475-2022. 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 Perl, seconded by Board Member Cohen. Vote: Motion was approved 6-0. Notice of Violation U-02-2023.0f 4. A Enforcement Orders 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 000894-2022; 001141-2022; 001224-2022; 001341-2022; 001020-2022; 001208-2022; 001286-2022. 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 Board Member Cohen, seconded by Board Member McGuire. Motion was approved 6-0. Enforcement Orders 2-2-2023.pdf 5) REQUEST FOR RELIEF 5. A Request for Relief Valerie Spellman 41 NE 95 Street Ms. Spellman testified before the Board. She received the courtesy notice in 2019, did not cure the violation immediately; not until a few months later when she could afford it. She cleaned up in February 2020 but did not notify Code Enforcement and was not aware of the lien. The Board asked questions. The amount offered amended to $1,000.00 payable in 30 days. Motion to accept the amount of $1,000.00 payable in 30 days by Mr. Perl, seconded by Mr. Vickers and the Motion was approved 6-0. 41 NE 95 Street.pdf 5. B Request for Relief Tetra Group LLC 144 NW 110 Street Miami Shores, FL 33168 Mr. Francis of 2225 Brickell Avenue, Miami testified before the Board. He testified that the property was purchased in October 2022. The Board asked questions. The final amount is $30,000.00 payable in 30 days. Motion to approve the amount of $30,000.00 payable in 30 days by Mr. Perl, seconded by Mr. Gromadzki and the Motion was approved 5-1 with Ms. Cohen voting against it. RFR 2-2-2023 144 NW 110 Street.pdf 6) MINUTES Motion to approve the minutes of November 3, 2022 as amended by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 6-0. 6. A Approval of the Minutes for November 3, 2022 and December 1, 2022. 2022-11-3 CEB Minutes.pdf 2022-12-1 CEB Minutes.pdf 7) DISCUSSION - None 8) ADJOURNMENT Motion to adjourn by Mr. Perl, seconded by Ms. Cohen and the Motion was approved 6-0.