Code Enforcement Board - Regular Meeting

All right, thank you for coming to this evening's code enforcement board hearing. This board is empowered to hear evidence in order to reach findings of fact and conclusions of law for the purpose of resolving cases that come before it. A finding of a violation in any case before us may lead to costs being assessed and a daily fine being levied for violations of the village's code of ordinances. The board is always interested in comments or statements that will help us make a determination in each case, and we are always interested in compliance rather than levying fines. If you have not alrea

Here. All right. Thank you very much. Madam Clerk, do we have anyone for a first hearing?

All right. Let's see. What's the case number?

It's the second to last one on the first page. All right, so we are here for 8707 Northeast 4th Avenue Road, Code Section 64A, Unauthorized Construction, Expired Permits. First, do you agree that there is a violation?

All right, so Leopold, go ahead and start us off.

Okay. Ma'am, would you state your name and address for the record? I'm sorry.

All right. So, Louis, what was the construction? Kitchen? All right. And ma'am, you think you pulled the permit for the kitchen?

Yeah, you can enter them into the record. Do you have them printed? Yes. Perfect.

In your kitchen. Yeah, I mean, if you show it assembled, you know, if you showed it assembled, it would be...

Well, maybe she had a picture from before, maybe in the past, you know.

Okay. I mean, that's kitchen. That's the kitchen.

No, that's the only. Did you ask for access to the property to verify?

What's that? That's the scratch on the wall.

I saw. All right. Do we have – Mr. Berryman, I'll take a look at the pictures. Do you have any questions?

All right. So who finally took the debris?

Well, I'm surprised they did because it was longer than six foot. Yeah, it's got to be shorter than six foot.

I mean, even the bulk, though, they balk about.

I mean, my personal opinion is that's not a kitchen cabinet with the mirrored doors. It's a wardrobe. It's a large built-in wardrobe, yeah. Yeah, I mean, I think in your situation, if I had been in your situation, I would have called Leopold and said, hey, do you want to come take a look at the kitchen? I can show you. I did. Okay.

No, I mean, sometimes we get it wrong. I mean, my reaction would have been little poles driving by, too, that somebody threw out a bunch of kitchen cabinets.

All right. Do we have any further discussion? Hearing none, do I have a motion?

Yeah. Let's see. How do we make this one? Yeah, regarding case number 03-2664, I move that there's no violation in this case.

All right. Do I have a second? Second. All right. Madam Clerk, would you call roll?

Yes. Yes. All right. Thank you very much. Thank you. Madam Clerk, do we have anyone else present for first hearing? All right. At this time, Chair observes that there have been no appearance by anyone on behalf of the alleged violators in connection with case numbers 0124541, case 012630, case 01266, case 022639, case 022647, case 022652, case 0725188, Case 0925312 and Case 1025342. Mr. Director, do the case files on each of these matters contain affidavits attesting to the existence of the code violations alleged and demonstrating proper notice to the alleged violators of tonight's hearings?

Chair. All right. At this time, I will entertain a motion for summary adjudication.

Mr. Chair, I move for summary adjudication of all such cases to include a finding of fact and a conclusion of law that a violation exists as charged in the respective notice of violations issued therein and that, in each 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 the time period, the code enforcement officer may report this f

All right, second by Rod. Madam Clerk, would you come roll?

All right. Madam Clerk, is anyone present for second hearing? No, sir. Also on tonight's agenda is a matter of staff's request for orders imposing previously adjudicated fines as a penalty for lack of timely compliance. With the Board's prior orders, I will now call the penalty cases on the agenda. Case 01-262, Case 04-24-268, Case 06-25-174, Case 07-25-183, Case 10-25-357, Case 12-25-390. And we have to wait for Mike to come back. There he goes. Okay.

All right. Mr. Director, do the files on all of these penalty cases contain an appropriate affidavit demonstrating in each such case the violations referenced in your request continued to exist subsequent to the date in which they were to have been corrected in accordance with the previous orders of this board, and that to date no one has contacted code enforcement to advise that these violations have been corrected? All right. I will now entertain a motion to impose fines.

All right. Do I have a second? Second. All right. Seconded by Mr. Berryman. Madam Clerk, would you call roll?

Yes. All right. Thank you very much. Madam Clerk, do we have anyone for a request for relief?

Okay. If you would approach the dais, we're here for Omer Dror, 1201 Northeast 97th Street, case 1265-2022. I don't know what the case was. I'm guessing permit. Fine amount is $62,600. All right. Please state your name and address for the record.

All right. And please explain why we should accept your offer of $3,000.

Yeah, we can't offer you a number. But also, it wouldn't have gotten to this if you had stayed in contact with the code enforcement. And if you're pulling a permit and working on it, and they see that you're actively trying to hire somebody, then it doesn't get to the stage it never becomes a fine because they have basically an unlimited leeway where they can continue to extend it but when they don't hear from you or they don't see a permit getting applied for then they you know we we have to move on right yeah no no i completely understand that i couldn't reach out to them to say hey i'm in t

It had to have been November or October.

All right. Any other questions or comments from the board? I do. Okay. Go ahead.

Whose case is this? My case. Do you have anything to add? Is that Mr. Dror's scenario about? That was accurate. Okay.

All right, any other questions, concerns?

Okay, yeah. So we're here for fine amount of $62,600. The amount proposed is $3,000. Is that your best and final offer?

How long would it take you to make the payment? We're getting there, Barry.

Yeah, you have to give staff time to get the paperwork and everything ready. All right, so the offer is $3,000 payable in 30 days. Do I have a motion? So moved.

All right, do I have a second? I'll second it. All right, Madam Clerk, would you call roll?

Yes. All right. Thank you very much. You don't need to rush. You can get with them the end of next week. No, no. Don't come in the morning. They won't be ready. Yeah, so the end of next week.

It takes about a week to get the paperwork ready. All right. Thank you. All right. Thank you.

All right, Madam Clerk, do we have anyone else present?

Okay, if you would come up and state your name and address for the record.

You live at this address? I do not. Okay, so what's your address?

Okay. So we're here for 941 Northeast 92nd Street. Case is 012310. The fine amount is $46,000. It is also a permit. The offer is $1,500. Please explain why we should accept your offer.

You didn't receive the notice. Okay. Is the property for sale or for rent?

Okay. All right. Do we have any other questions, comments from the board? I do. What's the closing date?

No. What's your relationship to this property?

So you're not the owner? I am not the owner. You're not the owner's attorney?

They gave you the power of attorney so you could talk to them tonight. Okay. Do you know anything about the history of this?

So which one was missing? The fence permit. Okay, so not all the permits. Is this yours, Mike? Yes, it was a construction fence. Oh, it was the construction fence? Yes. Oh, so this... You need a permit. Yeah, but was this noticed at the beginning of construction?

And that's when you noticed it didn't have a construction fence permit? Okay. And it was posted on the property?

No, no, not the permit. You posted the notice. Oh, no, on the fence. Okay. Yeah. Okay. Yeah. I got you. All right. Do we have any other questions, comments?

Well, it's not a tie-through. A construction fence isn't a tie-through permit. And since they're disjointed, the code enforcement and the building department, they ran through all of their joint master permits and everything and closed it out. Yeah, it should have been attached at some point. There's got to be some software work done in the back end. I think we talked about that last time. When is the scheduled closing date?

Okay. And you heard the instructions that we only vote one time for a piece of property? Okay. Any other questions or comments? All right. Hearing none, we are here for a fine amount of $46,000. The amount offered is $1,500. Is that your best and final offer?

I mean, yeah, we're still in the stage where you can say anything. I mean, we're...

Okay. Do you have anything to add, Mike?

Okay. All right. So we have a fine amount of $46,000. The amount offered is $1,500. Is that your best and final offer?

All right. And how long would you need to pay? 30 days? Yeah, we don't. Yeah, it gives everybody time to take care of everything. All right. Do I have a motion?

Do we have any further discussion? Okay. Yeah, they second it but we're still in the how about mr. Hahn. How about five? Okay, will you read your second Oh every second all right Remember when consejo for member Berryman remember Rodriguez.

Yes. All right. So because the board decided to make an amended proposal, you can choose to accept it. So you have 30 days to pay it. If you don't pay it in 30 days, you have to come back. She's not going to be able to get you an estoppel letter till at the very earliest to end the next week. So it'll be really close to your closing. You know, but maybe you're Talk to the title people. But you said the 15th, right? Yes, sir. I mean, it'll be right on, right, is it about Friday to have an estoppel letter ready?

Just about, yeah. Call them Thursday evening and see if they'll have one for Friday. All right? All right. All right, thank you very much. Thank you, guys. Thank you. Madam Clerk, do we have anyone else present?

Okay. Is that – do we have – is that on the – MS. No one on the docket.

Okay. You know about this, so you're going to start us off? Yes. Awesome.

POINT OF ORDER BEFORE WE GO ANY FURTHER. I'M FAMILIAR WITH MR. FINNEY. I'M GOING TO HAVE TO ABSTAIN FROM THIS ONE. THERE'S NO VOTING. YEAH. OKAY. I'LL LISTEN.

OKAY. Thank you. All right. Please state your name and address for the record.

All right. And what did you want to address with us?

All right. Now, I'm guessing you're refinancing.

Okay. And you have already have a closing date for the refinancing? About three weeks, yes. All right. Yeah, I mean... And we'll have some further discussion from the board. But you're not in the process of foreclosure or anything. So the best thing to do is to talk to the bank and just kick it back. We'll have a meeting next month. Yeah, we have a June meeting. Your paperwork is already in, right? It just didn't make it in time for the agenda. So you'll be on the next meeting. What's the date on that? Okay, fourth. So I would talk to the bank and set your closing to after June 11th. That'll g

Yeah, I would also suggest that you bring any documentation showing when you repaired it, like if it was in the past. No, I know, but a lot of times, so like this number is from 2014. This number has gone up to almost 250,000, right? If you can show that, you know, hey, I repaired this on 2015, right, we'll look at it in a different light than as if you repaired it yesterday.

Yeah. I mean, even a Street View picture showing it's repaired. You know, you can set the different dates in Street View. You can go back every time it's driven by your house. You know, if you have a bill that you paid the guy to fix it, anything like that, I suggest you bring with you because it'll help us look at a smaller number rather than looking at this really large number. It was a $300 job. No, exactly. I paid the guy cash. Yeah, I understand. But 15 minutes of research on your part, if you can find a street view from 2017, 2016, it makes that $250,000 number to us look like a $15,000

Well, if you want a more favorable number, you want to lower the fine amount in our mind, right? So if you show us that, yeah, I'm sorry, I just didn't communicate with code enforcement, but I fixed it January 2015, right? So now we're only talking about eight months of fine instead of 12 years of fine, right? So we're talking about a $15,000 fine that we're working to work that number down rather than trying to work $250,000 down. Yeah, it only helps you. It makes our lives easier.

Talk to a younger person. I guarantee you they'll help you out. It shouldn't take you more than 15 minutes.

Go to Street View. Go to Street View. Go to different dates.

That's why I said, find a younger person and get a computer, not a phone.

Thank you. All right. Do we have any further discussion? All right hearing none has everyone had a chance to review the minutes Do I have a motion on the minutes?

Second by Mr. Hahn. All in favor say aye. All opposed say nay. Aye. Ayes have it. Thank you very much. And I believe we already said this, but there's no further discussion. Do I have a motion to adjourn? All right. Rod seconded. All in favor say aye. All opposed say nay. Aye. Ayes have it. Meeting is adjourned. Let us know when we're off the record.