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2023-03-2 CEB Minutes.docxMayor Sandra Harris Vice Mayor Daniel Marinberg Councilmember Alice Burch Councilmember Wesley Castellanos Councilmember Timothy Crutchfield Esmond Scott, Village Manager Sarah Johnston, Village Attorney Ysabely Rodriguez, Village Clerk CODE ENFORCEMENT BOARD MEETING MINUTES DATE: 3-2-2023 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 Mr. Gromadzki Mr. Per] Chairman Huber Absent: Mr. Buenconsejo - Excused Absence Ms. Cohen- Excused Absence Also, present: Narinah P. Jean -Baptiste, Attorney for the Board Lazaro Remond, Code Director Mike Orta, Code Officer Mariana Gracia, Secretary 3. A Notice of Violation 3) FIRST HEARING - NOTICES OF VIOLATION Code Case: 01-23-37 Bendana, Sergio 1305 NE 105 Street Miami Shores, FL Mr. Bendana testified that there is an ongoing issue with parking at his property. He will work with Officer Orta to find a solution. Officer Orta testified that he had spoken to Mr. Bendana. The Board asked questions. Public Comment: 1. Marcel Canejo — Advocated for a solution to the issue of blocking the right of way. 2. Vanessa Vensly — Testified that she received an email from Officer Orta. 3. Gail Mercado — Also, wanted to resolve the issue of parking at her property. Public Comment Closed. Motion to adjudicate by Mr. Vickers, seconded by Mr. Perl and the Motion was approved 5-0. Code Case: 001354-2022 Kessenich, John 42 NW 110 Street Miami Shores, FL Mr. Kessenich testified that he has attempted to cure the violation. He is willing to work with Mr. Remond to cure the violation. Staff is recommending 90 days to cure the violation. The Board asked questions. Motion to Adjudicate 90 days to comply by Mr. Pert, seconded by Mr. McGuire and the Motion was approved 5-0. Summary Adjudication for first Hearings: Case(s) 01-23-25; 01-23-26; 02-23-59; 02-23-63; 02-23-65; 02-23-66; 02-23-67; 02-23-68; 02-23-69; 02-23-70; 001143-2022; 001399-2022; 001445-2022; 001478- 2022; 01-23-27; 01-23-28; 01-23-33; 02-23-45; 02-23-46; 02-23-60. 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 Gromadzki. Vote: Motion was approved 5-0. 4. A Enforcement Orders 4) PENALTY HEARING - ENFORCEMENT ORDERS Summary Adjudication for Penalty Hearings: Case Ws: 01-23-21; 01-23-22; 01-23-23; 000144-2021; 001317-2022; 001442-2022; 001475-2022. 2 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 Perl, seconded by Board Member McGuire. Motion was approved 5-0. 5) REQUEST FOR RELIEF 5.A Request for Relief Flor Crisologo 797 NE 94 Street Miami Shores, FL 33138 Attorney Diego Mendez was present on behalf of Ms. Crisologo. He testified that there is a short sale pending for this property. S.P.S will pay at closing. The Board asked questions. The amount offered amended to $3,000.00 payable in 60 days. Motion to accept the amount of $3,000.00 payable in 60 days by Mr. Perl, seconded by Mr. Gromadzki and the Motion was approved 4-1 with Mr. Vickers voting against the Motion. 5. B Request for Relief Orlando Iglesias 395 NW I I I Terrace Miami Shores, FL 33168 The Attorney Narinah P. Jean -Baptiste swore in Mr. Iglesias at the request of the Chair, Huber. Mr. Iglesias then testified before the Board that he had bought the house from the previous owner (a widow). The Board asked questions. The final amount is $750.00 payable in 30 days. Motion to approve the amount of $750.00 payable in 30 days by Mr. Perl, seconded by Mr. Gromadzki and the Motion was approved 5-1 with Ms. Cohen voting against it. 5. C Request for Relief Edward Woodson 970 NE 92 Street Miami Shores, FL 33138 Mr. Woodson testified that at the time of the permitting for the carport he had built, he did not realize that he needed to call for a final inspection. The Board asked questions. The final amount offered is $200.00 payable in 30 days. Motion failed due to lack of Motion. BP Motion to approve the amount of $870.00 payable in 60 days by Mr. Perl, seconded by Mr. Gromadzki and the Motion was approved 3-2 with Mr. Vickers and Mr. McGuire voting against it. 6) MINUTES 6. A Approval of the Minutes for February 2, 2023 Motion to approve the minutes of February 2, 2023 by Mr. Perl, seconded by Mr. Gromadzki and the Motion was approved 5-0. 7) DISCUSSION - None 8) ADJOURNMENT Motion to adjourn by Mr. Perl, seconded by Mr. Gromadzki and the Motion was approved 5-0.