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2024-09-5 Meeting MinutesCODE ENFORCEMENT BOARD MEETING MINUTES SEPTEMBER 5, 2024 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Chairperson Huber called the meeting to order at 6:00 PM. 2) ROLL CALL Present: Chairperson Patrick Huber Boardmember Robert Vickers Boardmember Jeff Hawn Boardmember Barry Perl Boardmember Darci Cohen Absent: Boardmember Ryan Russell Also Present: Mike Orta, Neighborhood Services Director Jose Arango, Village Attorney Ysabely Rodriguez, Village Clerk Introductory Statement: Village Attorney Jose Arango, provided introductory remarks and administered the oath to the residents who were present. Chairperson Huber provided opening statements 3) FIRST HEARING — NOTICES OF VIOLATION — NONE PRESENT Summary Adjudication for first Hearings: Case(s) 04-24-209; 04-24-210; 04-24-229; 04-24-243; 04-24-245; 04-24-250; 05-24-888; 05-24-292; 05-243-16; 06-24-360; 12-23-528; 02-24-84; 07-23- 287; 08-23-295; 09-23-340. Chairperson Huber asked if there was anyone present for any of these cases, and there being none, a motion was made. Neighborhood Services Director, 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 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 the 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." A motion was moved by Boardmember Cohen and seconded by Boardmember Perl. The motion was passed with a 5-0 vote. 4) PENALTY HEARING — ENFORCEMENT ORDERS — NONE PRESENT Summary Adjudication for first Hearings: Case(s): 01-24-32; 04-24-188; 0424190; 0424203; 0424167 Chairperson Huber asked if there was anyone present for any of these cases, and there being none, a motion was made. Neighborhood Services Director 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." A motion was moved by Boardmember Hawn and seconded by Boardmember Cohen. The motion was passed with a 5-0 roll call vote. 5) REQUEST FOR RELIEF CASE(S) 4161-5119, 41161-5120 — 130 NW 102"d Street Mr. Marco Jove was present and testified. Chairperson Huber stated case details, the amount of the fine of $272,150, and the amount offered by the requestor of $35,000. Mr. Jove provided details as to why the property was in violation and how he brought it into compliance. After hearing testimony from Mr. Jove, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Jove if that was the final offer. Boardmember Perl moved to accept the amount of $35,000.00 payable in 30 days and that the lien on the property be released upon payment. The motion was seconded by Boardmember Hawn. The motion passed 4-1 roll call vote with Cohen voting in opposition. PA, CASE(S) 815-2022 — 9437 NW 2 PL Mr. Sebastian Velleman was present and testified. Chairperson Huber stated case details, the amount of the fine is $27,150, and the amount offered by the requestor of $500. Mr. Velleman provided details as to why the property was in violation and how he brought it into compliance. After hearing testimony from Mr. Velleman, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Velleman if that was the final offer. Boardmember Cohen moved to accept the amount of $500.00 payable in 30 days. Boardmember Hawn seconded the motion. The motion passed 4-1 roll call vote with Boardmember Perl voting in opposition. CASE(S) 052-3219 — 70 NE 94t" ST Ms. Marci Lowman was present on behalf of Richard and Georgina Catling to testify. Chairperson Huber stated case details, the amount of the fine of $47,600, and the amount offered by the requestor of $5000. Ms. Lowman provided details as to why the property was in violation and how he brought it into compliance. After hearing testimony from Ms. Lowman, the Board asked pertinent questions, followed by Chairperson Huber asking Ms. Lowman if that was the final offer. Boardmember Vickers moved to accept the amount of $5,000.00 payable in 30 days. Chairperson Huber seconded the motion. The motion failed by a 2-3 roll call vote with Boardmember Perl, Boardmember Hawn, and Boardmember Cohen in opposition. After a failed vote, Chairperson Huber moved to accept the receipt of $7,500.00 payable in 90 days and that the lien be removed from the property. Boardmember Cohen proposed a friendly amendment to accept the amount of $12,500, payable in 30 days. Chairperson Huber did not accept the friendly amendment. Boardmember Huber moved to accept the receipt of $7,500.00 payable in 90 days and that the lien be removed from the property which was seconded by Boardmember Hawn. The motion passed with of 3-2 roll call vote with Boardmembers Perl and Cohen voting in opposition. CASE(S) 10-16-15985, 112-9435, 112-9436 — 89 NE 106 ST Mr. Miguel Antoni was present and testified. Chairperson Huber stated case details, the amount of the fine is $792,300, and the amount offered by the requestor of $2,500. Mr. Antoni provided details as to why the property was in violation and how he brought it into compliance. After hearing testimony from Mr. Antoni, the Board asked pertinent questions, followed by Chairperson Huber asking Mr. Antoni if that was the final offer. The final offer was $2,500.00, to be paid within 30 days. There was no motion to accept the offer and no Board proposal. Attorney Roy Weinfeld appeared for Penalty Hearing — Enforcement Order, requested to be heard on October 3 at 6:00 pm. It was confirmed that the item was not originally on the docket. 3 6) MINUTES Boardmember Cohen moved to accept the meeting minutes for April 4, 2024, and May 2, 2024. Boardmember Perl seconded the motion. The motion passed with a 5-0 roll call vote. The June meeting minutes will be available in October. 7) DISCUSSION Boardmember Perl asked Neighborhood Services Director Orta if the Village was trained not to give answers about Code Enforcement unless they were working for the Neighborhood Services Department. Neighborhood Services Director Orta stated that it is clearly stated in the notices that the Neighborhood Services Department has to be contacted. He noted that the issue had been addressed previously. Boardmember Perl asked about conflict of interest. Village Attorney Jose Arango stated that it was the Boardmember's determination on whether or not they could judge the case. It was up to the Boardmember to state whether or not they were aware of the Notice of Violation. Village Attorney Jose Arango stated that there were no clear rules regarding what Boardmembers could say. Chairperson Huber discussed that it was important to stay impartial. Chairperson Huber discussed increasing the minimum amount required for permits. The current amount is $100. Village Clerk Rodriguez reported that the building official was proposing amendments to the code section at the next meeting, and there was no dollar amount included. The item was deferred until September 17, 2024. Boardmember Cohen discussed that people in certain neighborhoods were being reported for the height of their hedges. Neighborhood Services Director Orta discussed the availability of online reporting in which residents could submit violations. Names had to be provided unless it was a public safety issue. Neighborhood Services Director Orta discussed that a gentleman was using a fictitious name who made complaints about vegetation and hedge height. The staff did not look for violations. The code stated any vegetation in the front of the house had to be under three and a half feet. Boardmember Cohen suggested changing the height due to being able to see dumpsters after the hedges were cut. Neighborhood Services Director Orta reported that some high -traffic areas allowed higher hedge heights. Chairperson Huber moved to request the Village Council to direct staff to modify the code to increase the minimum amount required to obtain a permit. Boardmember Hawn seconded the motion which passed with a 5-0 vote. Boardmember Cohen moved to request that Village Council direct staff to investigate changing the code regarding the height of hedges in the front and side of properties. Chairperson Hawn seconded the motion which passed with a 5-0 vote. Village Clerk Rodriguez clarified recommendations to Council may be reported using the Board/Committee report template. Boardmember Perl reported that the next meeting in October fell on Rosh Hashanah. Discussion ensued but no changes were made to the meeting calendar. C! 8) ADJOURNMENT There being no further business the meeting adjourned at 7:54 pm.