2024-02-1 Meeting Minutes*000h
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CODE ENFORCEMENT BOARD MEETING MINUTES
FEBRUARY 1, 2023 6:00 PM COUNCIL CHAMBERS
1) CALL TO ORDER
Mr. Patrick Huber called the meeting to order at 6:05 pm
2) ROLL CALL
Present:
Chair Person Patrick Huber
Board member Robert Vickers
Board member Darci Cohen
Board member Barry Perl
Board member Ryan Russell
Absent:
Board member Jeff Hawn (Excused)
Also Present:
Jose Arango, Attorney for the Code Board
Mike Orta, Neighborhood Services Manager
Everett Coll, Neighborhood Services Officer
Valeria Alladio, Clerk
Introductory Statement: Attorney Jose Arango, provided introductory remarks and administered
oath to the residents present.
3) FIRST HEARING — NOTICES OF VIOLATION — NONE PRESENT
Summary Adjudication for first Hearings: Case(s) 10-23-368; 11-23-394; 11-23-420; 11-23-429;
11-23-436; 11-23-442; 11-23-451; 11-23-458; 11-23-462; 12-23-487; 12-23-489; 12-23-499; 12-23-
503; 1459-2022; 04-23-160 & 06-23-255.
The Chair asked if there was anyone present for any of these cases, there being none, a motion was
made. Officer, Mike Orta, testified that Affidavits of Non -Compliance and evidence of violation exist
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 the time period specified by Staff in the staff recommendations for these hearings 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, which will constitute a lien on the property of the violator. 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."
CASE(S) 1459-2022; 04-23-160 & 06-23-255 were unintentionally not stated in the original summary
adjudication. Therefore the motion was amended by Ms. Cohen and seconded by Mr. Perl. At that
time the Clerk advise to the Chair, that an interested party for case 10-23-368 was present and
therefore, the Chair moved this case to be removed for summary adjudication.
This motion seconded by member Cohen passed by a 4-1 roll call vote.
Motion for summary adjudication by Board member Cohen, Seconded by Board member Perl
was approved by 5-0 roll call vote.
FIRST HEARING — NOTICES OF VIOLATION
3.A. CASE(S) 10-23-368
The Village attorney proceed to sworn in the individual before his statement. However, Mr. Hajaleh
stated he did not speak English. The Village attorney addressed the Board stating that Mr. Hajaleh is
an interested party but he does not have standing and cannot contest the case, therefore the board
may entertain the case, even though there was no translator present, and proceed with the
deliberation.
After discussion, the chair made a motion.
Motion "In relation to case 10-23-368, 1 move for summary adjudication of such case to include
a finding of fact and conclusion of law that a violation exists as charged in the respective
notice of violation issued therein and that, in each such case, the offending party shall correct
the violation within the time period specified by Staff in the staff recommendations for this
hearing and immediately notify the Code Enforcement Officer when the property is brought
into compliance. In 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, which will constitute a lien on the property of the violator. Further, with respect to
such case, costs in the amounts specified in Staff's recommendations for tonight's hearing
are hereby assessed in order to recoup the Village's expenses in prosecuting the violations
to date."
Motion for summary adjudication by Board member Huber, Seconded by Board member Perl
passed by 5-0 roll call vote.
3.N. CASE(S) 12-23-504 has been re -scheduled. All others impose fines.
4) PENALTY HEARING — ENFORCEMENT ORDERS — NONE PRESENT
Summary Adjudication for first Hearings: Case(s): 10-23-387; 11-23-393; 11-23-449; 734-2021;
1434-2022; 1463-2022; 1465-2022 & 06-23-249.
The Chair asked if there was anyone present for any of these cases, there being none, a motion was
made. Director, Mike Orta, testified that Affidavits of Non -Compliance and evidence of violation exist
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 Cohen. Motion was approved 5-0
4.13. Summary Adjudication for irreparable / irreversible — Case(s) 10-23-382
The Chair confirmed with Officer Orta that the case file contain appropriate affidavits attesting to the
existence of these violations.
Motion "In regards to case 10-20-382, 1 move for a finding of fact and a conclusion of law that
the violation previously adjudicated by this Board regarding this property continues to exist,
and that a fine of $5000 will be imposed for the violation of the code section 12-266; 267 and
268, as irreparable / irreversible and for code section 10-5; 12-82 and 12-269 and 270 the
standard staff's recommendation.
There being no further discussion the motion moved by Board member Perl, Seconded by
Board member Vickers passed 5-0 by roll call vote.
4.A. CASE(S) 10-23-358 was closed.
4.H. & 4.K. CASE(S) 1445-2022 & 03-23-127 have been re -scheduled. All others impose fines.
5) REQUEST FOR RELIEF
5.A. CASE 878-2022 — 520 NE 92 STREET
Ms. Beohar was present and testified. The Chair stated case details, the amount of the fine and
the amount offered by the requestor. Ms. Beohar provided details as why the property was in
violation and how he expeditiously worked with the Village to resolve the issue and bring the
property into compliance. After hearing testimonial presentation from Ms. Beohar, the Board
asked pertinent questions, followed by the Chair asking Ms. Beohar if that was the final offer. To
conclude, the Board proceeded with a motion.
Motion to approve the amount of $500.00 payable in 30 days and to release the lien on this
property by Board member Perl, seconded by Board member Cohen. Motion passed 5-0.
6) MINUTES
6.A. Approval of the November 2, 2023 Code Enforcement Board minutes.
The Chair asked if there were any questions regarding the minutes, there being none, a
motion was made to approve by member Vickers, seconded by member Perl and passed
5-0.
6.13. Approval of the December 7, 2023 Code Enforcement Board minutes
Motion was made to approve by member Perl, seconded by member Russell. Motion
passed 5-0.
Before the discussion item, the Village attorney addressed the Board to notify that an interested
party was present to make a public comment for a case that was already adjudicated. CASE 11-
23-429, item 3.D. was re -opened to allow the resident to speak.
A motion to hear the comments was made by member Perl, second by member Russell.
Motion passed unanimously.
The resident approached the podium and stated his name and address, Mr. Fabiano Aguilar from
9935 NE 13 AVE. and he recognized his neighbor also present, Claudio Almeida, representing
Bruno Almeida. Mr. Aguilar wanted to provide the Board with some background information about
this case.
After hearing his comments the Chair asked some questions to Mr. Aguilar and Village Staff.
Officer Coll recommended to the Board the maximum daily fine of $250 daily after hearing Mr.
Aguilar testimony. The Board proceeded with more questions and after discussion, a motion was
made.
Motion to re -open CASE 11-23-429 made by Chair Huber, second by member Perl. Motion
passes unanimously.
Consequently, a motion to re -adjudicate the case was made by member Perl.
Motion "I move that our previous motion on CASE 11-23-429 be amended specifically in
the amount of daily fine to change from $50 a day to $250 a day, everything else stays the
same"
Motion was seconded by member Vickers and passed unanimously.
7) DISCUSSION
7.A. POLICY AND PROCEDURES REVIEW FOR REQUEST FOR RELIEF MODIFICATION
TO THE TERMS IN CASE OF FAILURE TO COMPLY.
After discussion a motion was made to address this document and to present an
updated Order template to the Board for their approval. Motion made, seconded and
passed unanimously.
8) ADJOURNMENT
There being no further business, a motion made, seconded, and passed unanimously to adjourn
the meeting at 7:16 pm