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2023-10-05 Meeting Minutes updated*000h1t6mle r�mes A�V-e CODE ENFORCEMENT BOARD MEETING MINUTES OCTOBER 5, 2023 6:00 PM COUNCIL CHAMBERS 1) CALL TO ORDER Mr. Patrick Huber called the meeting to order at 6:17 PM. Introductory Statement: Attorney Jose Arango, provided introductory remarks and administered oath to the residents present. 2) ROLL CALL Present: Chairperson Patrick Huber Board member Ryan Russell Board member Barry Perl Board member Jeff Hawn Absent: Board member Darci Cohen — Unexcused absence Board member Paul Gromadzki — Excused absence Board member Robert Vickers — Excused absence Also Present: Jose Arango, Attorney for the Code Board Mike Orta, Neighborhood Services Manager Valeria Alladio, Clerk 3) FIRST HEARING - NOTICES OF VIOLATION — NONE PRESENT Summary Adjudication for first Hearings: Case(s) 000870-2022; 001437-2022; 001464- 2022; 03-23-129; 08-23-296;-08-23-298; 08-23-305 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." Motion by Board member Perl, Seconded by Board member Hawn. Motion was approved 4-0 roll call vote. CASE(S) 06-23-244; 06-23-249; 06-23-249; 08-23-299 & 08-23-303 have been continued. CASE(S) 06-23-242 has been closed. 4) PENALTY HEARING - ENFORCEMENT ORDERS — NONE PRESENT Summary Adjudication for Penalty Hearings: Case(s): 001097-2022; 001314-2022; 001318-2022; 01-23-10; 03-23-111; 05-23-218; 05-23-227; 06-23-231; 06-23-259 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 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 Hawn. Motion was approved by a 4-0 roll call vote. CASE(S) 000734-2021 has been continued. 5) REQUEST FOR RELIEF 5.A CASE 001239-2022 — 9120 NE 8 AVE Mr. Michael Horswell was present and testified. The Chair stated case details, the amount of the fine and the amount offered by the requestor. Mr. Horswell 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 Mr. Horswell, the Board asked pertinent questions, followed by the Chair asking Mr. Horswell if that was the final offer. To conclude, the Board proceeded with a motion. Motion to approve the amount of $300.00 payable in 30 days and to release the lien on this property by Board member Perl, seconded by Board member Hawn. Motion passed 4-0. 53 CASE 3-15-13760 & 3-17-16281 — 10516 NW 2 AVE Mr. Moise Lamour was present and testified. The Chair stated case details, the amount of the fine and the amount offered by the requestor. Mr. Lamour provided details and documents as why the property was in violation and how he brought the property into compliance. After hearing testimonial presentation from Mr. Lamour, the Board asked related questions, followed by the Chair asking Mr. Lamour if the offer of $1,000.00 payable was his final offer. After an affirmative response, the Chair proposed a motion to accept the offered amount in 60 days. Motion to accept the amount of $1,000.00 payable in 60 days by Chair Huber failed for lack of second. Board member Perl made a Board proposal stating that upon receipt of $13,400.00 within a 180 days that the lien on this property be released. The motion was seconded by Board member Hawn. Motion passed 4-0. 5.0 CASE 04-23-138 — 10561 NE 2 PL Ms. Donna Joseph was present, attorney and personal representative appointed by the Miami -Dade County Probate Judge, representing the deceased Mr. Michel Brooks and owner of the property, and testified. The Chair stated case details, the amount of the fine and the amount offered by the requestor. Mr. Joseph 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. Joseph, the Board asked pertinent questions, followed by the Chair asking Ms. Joseph if that was the final offer. To conclude, the Board proceeded with a motion. Motion to approve the amount of $1,600.00 payable in 30 days and to release the lien on this property by Board member Perl, seconded by Board member Hawn. Motion passed 4-0. 6) MINUTES 6.A Approval of the September 7, 2023 Code Enforcement Board minutes. The Chair asked if there wera any questions regarding the minutes, there being none, a motion was made. Motion to approve the minutes for September, 2023 by Board member Perl, second by Board member Hawn. Motion passed 4-0 7) DISCUSSION 7.A Hearing Calendar approval. Motion to approve the Calendar for FY24 by Board member Perl, second by Board member Russell. Motion passed 4-0 7.B Vote Chair and Vice Chair. Board member Perl suggested to postpone the item for the next hearing when a full Board is present. 8) ADJOURNMENT There being no further business, A motion made, seconded, and passed unanimously to adjourn the meeting at 6:57 PM.