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2024-03-7 Meeting Minutes no clarification010-hr e r�04K e'i .41% .ft ��iC'' Gge (00F CODE ENFORCEMENT BOARD MEETING MINUTES MARCH 7, 2024 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mr. Patrick Huber called the meeting to order at 6:02 pm Introductory Statement: Attorney Jose Arango, provided introductory remarks and administered oath to the residents present. Chair Huber provided his opening statement. 2) ROLL CALL Present: Chair Person Patrick Huber Board member Robert Vickers Board member Darci Cohen Board member Jeff Hawn Absent: Board member Ryan Russell (Excused) Board member Barry Perl (Excused) Also Present: Marlon Hill, Attorney for the Code Board Mike Orta, Neighborhood Services Manager Everett Coll, Neighborhood Services Officer Valeria Alladio, Clerk 3) FIRST HEARING — NOTICES OF VIOLATION 3.C. CASE(S) 01-24-15 — 1293 NE 105TH STREET TH9 Code Sec 20-1(b) Officer Everett Coll stated the case details. Mr. Mark Alcala was present, agreed there was a violation and provided details as to what happened to receive said violation. After hearing testimony from Mr. Alcala, the Chair asked pertinent questions, followed by asking officer Coll what was the recommended amount for this violation. Officer Coll recommended $250.00 since it was the first offense for this property. Board member Vickers made some remarks and after further questions and discussion from Staff, member Vickers made a motion. Motion to impose a one-time fine of $150.00 with $500 for reoccurrence of the same violation". Seconded by Board member Hawn. Motion was approved by 3-1 roll call vote. FIRST HEARING — NOTICES OF VIOLATION — REPEAT ORDERS 3.13. CASE(S) 01-24-14— 1285 NE 105TH STREET TH13 Code Sec 20-1(b) Officer Everett Coll stated the case details. Ms. Samantha Uquillas was present and provided details as to what happened to receive said violation. After hearing testimony from Ms. Uquillas, the Board made some questions and remarks, and after no further discussion a motion by Board member Cohen was made. Motion to impose a 2nd violation with one-time fine of $150.00. Seconded by Board member Vickers. Motion was approved by 3-1 roll call vote. 3.E. CASE(S) 01-24-29 — 1385 NE 105TH STREET Code Sec 20-1(b) Officer Everett Coll presented stated the case details. Mr. Klein was present and explained his situation. After hearing testimony, the Board made some comments and asked questions to Staff and Mr. Klein. Officer Orta provided some clarification and also gave some advice to the property owner and some examples on how he could avoid being in violation again. After no further discussion, the Chair asked Mr. Coll what the staff recommendation was. Officer Coll recommended $500.00 since it was a repeat order for this property and owner. After discussion, a motion was made. Motion by Board member Vickers was made to accept this recommendation, seconded by Board member Hawn. Motion was approved by 4-0 roll call vote. 3.G. CASE(S) 01-24-33 — 1277 NE 105TH STREET TH17 Code Sec 20-1(b) Officer Everett Coll presented himself and stated the case details. Ms. Yarline Challenger was present and provided details as to what happened to receive said violation. After hearing testimony from Ms. Challenger, the Board made some questions and comments. Officer Coll provided clarification on the case and after no further discussion a motion by Board member Cohen was made. Motion to impose a 2nd violation with one-time fine of $150.00 with $500 for reoccurrence of the same violation. Seconded by Board member Vickers. Motion was approved by 4-0 roll call vote. FIRST HEARING — NOTICES OF VIOLATION — NONE PRESENT Summary Adjudication for first Hearings: Case(s) 12-23-512; 12-23-536; 01-24-18 & 08-23-299. The Chair asked if there was anyone present for any of these cases, there being none, a summary adjudication was made for the above mentioned cases. Officer, Mike Orta, testified that affidavits of Non -Compliance and evidence of the alleged violations, as well as proper notice provided to the alleged violator, exist in each of these files. The Chair proceeded to entertain a motion for summary adjudication. 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." Moved by Board member Cohen, Seconded by member Vickers. Motion was approved by 4-0 roll call vote. CASE(S) 01-24-11; 01-24-21; 11-23-432; 11-23-454; 01-24-26 & 06-23-244 have been continued. CASE(S) 01-24-30 has been closed. 4) PENALTY HEARING — ENFORCEMENT ORDERS 4.D. CASE(S) 11-23-429 — 9901 NE 13TH AVENUE Code Sec 64(a) Ms. Maylie Ramos. Mr. Ramos and Ms. BiBi Villazon, a consultant hired by the owners to assist into bringing the property into compliance, were present. Ms. Ramos agreed there was a violation. Officer Coll stated the case details. Officer Orta offered some clarification as well to the Board. Ms. Maylie Ramos, Mr. Ramos and Ms. BB provided testimony and clarifications. After hearing testimony from them, the board continued making pertinent questions. Ms. BB requested to the Board to please reconsider their summary adjudication back to $50/day, being that they are working expeditiously on obtaining the necessary permits both from DERM and the Village. After hearing testimony from them, more questions and comments were made by the Board and discussion to re -adjudicate the case to January 2023 was on the table. Mr. Fabiano Aguilar, their neighbor, present at the hearing for another case, was allowed to provide also testimony, in order to offer more clarification about this case. The Chair asked the Board if there was a motion to re -adjudicate the case. There being none, the Chair asked Staff if there was any recommendation. Staff referred back to the Board. Consequently, the Board proceeded to impose fines and after no further discussion, a motion by Board member Cohen was made. Furthermore, the Board explained that a request for relief process can be requested after the property is brought into compliance and offered clarification as to when the fines start accruing. Motion "With respect to CASE(S) 11-23-429 the respective violator shall 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 Hawn, Seconded by Board member Vickers. Motion was approved by 4-0 roll call vote. PENALTY HEARING — ENFORCEMENT ORDERS — NONE PRESENT Summary Adjudication for first Hearings: Case(s): 10-23-368; 11-23-420; 11-23-436; 11-23-442; 12-23-489; 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, and that, to date, no one has contacted Neighborhood Services to advise these violations have been corrected. 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, 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 Vickers. Motion was approved by 4-0 roll call vote. 5) REQUEST FOR RELIEF 5.A. CASE 1069-2021 — 9935 NE 13TH STREET Mr. Fabiano Silveira Aguilar was present on behalf of his son Luca Silveira. The Chair stated case details, the amount of the fine and the amount offered by the requestor. Mr. Silveira Aguilar provided details as why the property was in violation, how his son resolved the violation and why the Board should accept his offer. After hearing testimonial presentation from Mr. Aguilar, the Board asked pertinent questions, followed by the Chair asking if that was the final offer. To conclude, the Board proceeded with a motion. Motion by member Vickers to approve the amount of $200.00 payable in 30 days and to release the lien on this property, seconded by member Cohen. Motion passed 3-1. 7) DISCUSSION 7.A. CASE(S) 10-23-387. Request from Staff to re -adjudicate. Officer explained that the case was granted an extension but it remained on the agenda for the February hearing by error and the case was adjudicated. Motion to put this case back on the docket, moved by Chair Huber, seconded by board member Cohen. Motion passed unanimously. Further, Chair Huber made a motion to remove case 10-23-387 from the enforcement order summary adjudication from the prior month, seconded by member Cohen. Motion passed unanimously. 6) MINUTES 6.A. Approval of the February 1, 2024 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 Cohen, seconded by member Vickers and passed 4-0. 8) ADJOURNMENT There being no further business, a motion made, seconded, and passed unanimously to adjourn the meeting at 7:52 pm