Code Enforcement Board - Regular Meeting

All right, we will now call this evening's Code Enforcement Board hearing to order. Would you like to start us off?

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

All right. Madam Clerk, is anyone present for first hearing? No, sir. No? 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 0825245. Code 10-25-326, Case 10-25-357, Case 11-25-364, Case 12-25-372, Case 12-25-384, and Case 12-25-387. 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 hearing?

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 the finding of fact and conclusion of law that a violation exists as charged in the respective notice of violation issued. In each such case, the offending party shall correct the violation within the time period specified by the statute In the staff recommendation for this hearing, it 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 bo

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

Yes. All right, motion carries. Madam Clerk, is anyone present for enforcement orders?

Also in 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 0825237, case 0925282, and case 1025325. Mr. Director, do the files of all these penalty cases contain an appropriate affidavit demonstrating in each case the violations referenced in your request continue to exist subsequent to the date on which they were to be corrected in accordance with the previous orders of this Board and that to date no one has contacted Nei All right. I will now entertain a motion to impose fines. Mr.

Chair. I move that in each case currently remaining on the penalty docket for tonight's hearing, let the 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 in the property of the violator.

All right, Mr. Hunt. Madam Clerk, would you call roll?

Yes. All right, thank you very much. Madam Clerk, who do we have present for request for relief?

All right, Biscayne Events, LLC. All right. If you would, all right, so we are here for, let's see. 640 Grand Concourse, case 02-2532. The amount is $15,600. Case 482-2021, $297,900 for a grand total of $313,500. Please state your name and address for the record. Your Honor, my name is Todd Leone. I'm the owner of the property. I'm the managing member of it.

Yeah, hold on one second. Okay, so we have a fine amount of $313,500. The amount proposed is $5,000. Now explain why we should accept your offer.

Okay, go ahead. Before we go on a little further, so you've already purchased the house from –

Go ahead. Mike, the two cases on here, I don't have what the cases are, I guess, on any of these issues. Do you know what these are, the two cases? The violations? Yeah.

So that's why you guys didn't tell them to go for a reasonable accommodation?

All right. So what was the sale price of the house?

Yeah, that was my next question. When did the guardian take possession of the property?

Just what did the guardian do to mitigate the, for the case 02-2532, the, you know, because that, so that happens after the guardian's in possession of the property, right? Because that's February of 25, right? I know they listed it and sold it in nine months, but what did they do to mitigate, if anything, or come into compliance for that case? Did they do anything? Did they just not know that they needed to come back to this village and say?

That's what I'm looking for. Not that she just said... Description of the property is accurate. Okay. All right, do we have any questions or comments from the board?

Was there a remaining mortgage on the property when the sale was made? No, there was not. Okay, so there was no mortgage. So her estate, essentially, because she's in guardianship. took proceeds of $1.25 million less fees, correct?

So the guardianship program was out money, obviously, because they had to front the clean out and all that, right? Yes. So what does the estate owe for that? What did they spend to clean out the property, market it for sale, and all that?

And I'm guessing they paid the 6% on the 125? Yes, yes. And then, as I understand it, you've held $313,500 in escrow? The money has been escrowed.

Yeah, to close it, we had to do that. Yeah, okay, just making sure.

What are the monthly expenses for the guardianship and the care facility?

So we're at like $8,200 a month. $8,200 a month. Yeah, yeah.

Okay. So the – I'm assuming that the state's going to store the money in interest-bearing accounts? Are they required by law to do that or is it just going to an escrow account?

But the guardianship is a fiduciary, right?

Indeed, yes. Okay. And the son is stricken from access to it in any capacity? Well, yeah. I mean, the guardian has control over it.

Okay. The – I mean, you know, they would have... Is there a will or anything that predates the guardianship? That was my... Is there a will? Or anything that predates the guardianship? Okay. Now, just wondering if they're going to be entitled to any of the money after... Oh, goodness.

Because my estimate with interest and everything, she's got about 14 years... expenses yeah yeah if you know based on this money yeah yeah yeah I you know that's true I mean you know at her age I mean that's you know I think she's covered but there's also a daughter as well yeah I mean so okay any further discussion all right hearing none We have a fine amount of $313,500. The amount proposed is $5,000. Is that your best offer?

All right. So how long would you need to pay the $5,000?

Okay. The offer is $5,000, payable in 60 days. Do I have a motion? Do I have a second? All right. Any further discussion? No. Madam Clerk, would you call roll?

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

Well, we'll put that on hold until later. We'll have a discussion. What's the next one?

All right. If you would approach and state your name and address for the record.

You live at the property? No. Okay, so state your address.

All right, so we're here for 114 Northeast 107th Street, case 1024478. Fine is $17,000. Mike, what is the case on this? Unauthorized construction. Okay, unauthorized construction. All right. Please explain why we should – your offer is $2,500. Please explain why we should accept your offer.

Anyone have any other questions, comments? I feel like you

Yeah, that's what I'm saying. Well, first, I, first, yeah, the problem is, and you can, you could abstain from voting if you so chose or, you know, vote, whatever. The problem is if we don't have your vote, we can't, we don't have quorum without your vote. That would be my only comment to that. So, I mean, if you don't think you're impartial and you wanted to abstain from moving, I think that would be fine. When it comes time. Anyone else, questions, comments? Mike, just as a query on this, because I believe they should be able to replace roofing tiles, but they would have had...

Okay, so you had a third-party contractor repair the roof.

When did the job site get shut down, or were they already complete by the time? It's not your case. It was Laz's? Oh, Leopold. Sorry.

Did the job site get shut down, or did you just cite them for... No, they were already done. They were already done. They were on top of the roof. They were done. They were cleaning up, and they were wrapping up. Yes, yes. Okay, so yeah, okay. Did they tell you right then and there? Did the roofers call you and say that the code enforcement came by? No.

And, Mike, you noticed the address on record. Do you have the address? So you noticed the house. Yes, sir. Okay, so when you own multiple properties, they will mail the stuff to the address on record. So that doesn't have to be the house address. It can be a P.O. box. It can be your primary residence. It can be any address, but they can only go by what the county has.

Yeah. Yeah. They didn't update the title. Okay. All right. Do we have any other questions, comments, concerns? All right. Hearing none, we have the fine amount is $17,000. The amount offered is $2,500. Is that your best and final offer?

Okay. So the offer is $2,500 payable in 30 days. Do I have a motion? Do I have a second? I vote 30 days. Any further discussion? Madam Clerk, would you call roll?

All right, Madam Clerk, who do we have next?

All right. If you would approach and state your name and address for the record.

Yeah, he subsequently purchased it, but this was already in process. Okay. So we are here for case 1048-2022 and 1341-2022. Mike, what are those two cases? Yeah, work without the benefit of a permit. Okay, so unauthorized construction, no permit. All right, so fine amount $123,250 and fine amount $53,950 for a grand total of $177,200. Please explain why we should accept your offer.

Okay, so what was the purchase price of the house?

In addition, you escrowed on top of that, or they withheld from payment to her the $177,000?

Okay, so you paid her $790,000, and then you also put into escrow for the title company another $84,000? Yes.

All right. Anyone have any questions or comments?

So what will happen to this escrow? Can we at least consider that in regards to the... That's my question.

Well, they put that as half of it to basically hedge the bet because, in essence, the property owes $177,200. He, right now, owes $177,200. I'm trying to say that in regards to the offer, we don't have an offer yet.

Well, we can talk about that after we get to the final question. Are there plans to redevelop?

Okay. Rod, you got anything else? No, I did not get your full name.

I have a question for staff. Okay. Were there any substantial costs incurred by the city because of any of the work done today?

any other questions okay so we have a fine amount of one hundred seventy seven thousand two hundred dollars the previous offer was five hundred dollars is that your best and final offer

Okay. The offer is $2,000 payable in 60 days. Do I have a motion? Anyone have any other comments?

Well, I would like to move another motion. I move that in paying for $5,000 payable in 60 days, we will remove the lien in the house.

All right. Do I have a second? A second. Oh, OK. Madam Clerk, any further discussion? No? Madam Clerk, would you call roll?

All right. Thank you very much. Thank you, guys. Madam Clerk, do we have anyone else present?

Get with the clerk to pay it, and they'll give you an estoppel letter. But not until next week. Not until next week, and you have to come to the window. Yes. Thank you, guys. Thank you. Middle to late next week. That's a no-show. That's a no-show? Perfect. All right, so there's a possibility of some discussion that the board might hear. Mike, can you give us some extra information on this?

So the address, the issue? Yes, sir. And why it's not on the docket?

Okay. Okay. not able to vote on this correct no we aren't because it has to be noticed to the public that's that's the main the main holdout is that um so um you get go ahead um and another option too again if you allow oh it's not on is it no it's on she turned it on um

But that would have to be at a future date.

Okay, so hearing the issues as Julen has addressed, we can either have a non-binding statements from the public, or we can vote to have a special hearing at a future date after all due notices and everything else to the public, or we can do nothing. Do I have any questions or comments from the board on this matter? I believe that it is the testimony of staff that there is a possible foreclosure. To discuss that any further, we would have to have a public discussion with the applicant or not applicant.

So all the option . All that option right now, that is the legal way we can proceed.

Um, if you're not interested in that, then there, you know, and you only wanted to open up public comment, you can also do that. Or the third option, which is to do nothing. Those are pretty much the only three options. But to get to option two, you have to do number one.

So you could figure out if there's an emergency. Yeah.

Well, yeah. And, and the, the thing is, if the, they have obviously more than enough time to get onto the March docket. So that, that's not even, even a concern. So, um, Do I have any comments or questions? Well, we would have to make a motion to hear it. So if you don't want to hear it, then we can just stay silent.

Before we do that, because for me, it doesn't make sense to have this right now. Because the three options is like, I think goes around to third option. We can't do nothing, something like that. Because if that option is not there, then...

So what we're going to hear will be documented?

All right. I would move that we open the floor for public comments strictly relating to the urgency of the matter. All in favor say aye. Aye. All in favor say nay. Aye. Ayes have it. All right. If you would approach and state your name and address for the record.

Okay. Please explain why the urgency and the, well, let's go with the request for a special session.

Okay. That's the urgency. That's the urgency. And the foreclosure, you can't refinance because of the liens?

All right, perfect. Thank you very much. Do we have any questions extending on that?

How long you have been in this property as the owner?

Okay. Mr. Hahn, you have any questions? Okay. All right. Thank you. Do we have any motion?

The motion would be to have staff set up a special session, or that's it. That's the only motion. Either that, or we move on to the next task.

thing is before March meeting or well you know and in theory they would there the the request would be to have it within 12 days well probably less than that because you know you need time and we don't we would if we wanted to make the motion we would have to enter into discussions with staff about what the time frames that they could meet I don't remember what the notice period is I believe it's a week but I'm not sure I think it's five business days you know but I'm not

Okay, so at least three business days for notice. That would be acceptable minimums? Okay. And would you be able to schedule availability of a meeting area and all of that within... You know, how long would you need to set that up?

I don't even know what the availability of this space, let alone, I mean, if we have access to additional space, we'd have to coordinate at least four of the board members. I mean, that's on me, you know, to figure out that. But as far as staff, like, is this something that would be doable? I'm not even saying we're going to vote yes or no. I'm just asking if this is even feasible so that they could decide to make the motion or not.

Yeah, I mean, you know, staff is already at 100% now, and this would be obviously asking for something that is not something that we are prepared for, and it is a short time frame, so we would just keep that in mind with our motions.

I don't know. Is there any open days in the evening? I can check while – Because realistically, I mean, there's – The burden would be too large to go to another room because you need recording devices and everything. That changes. So it would have to essentially be here. Correct. Yeah, we're not, we don't have two spaces set up, you know.

So the first attempt would be Wednesday of next week.

Okay, so now then they can't do it on the same day and just wait for them to fit in.

No, no, I got that. Any decision for a motion would weigh any encumbrances on the other people as well.

Of my 27 years of service as a code enforcement board member, these kind of things never happened.

No, I agree. It would be a first, I believe.

So if we will allow this, we will have a precedent.

There would be a precedent being set, yes.

No, I mean, obviously I haven't gotten into playing devil's advocate or anything yet for any of these things yet, but yes, we don't typically like to set precedent. This board's been doing fine for a long time, but... You know, I wouldn't want to, you know, blanket say no. You know, so that's why I wanted to hear it out and, you know, to see what the problems are. I think it's a tough mountain to climb that we would need to get four board members. We need to get the clerk here. We need to get the space. We have a minimum notice amount. And I'm just going through the litany of issues.

I'm asking you, is there an option for us to... able to put in an option to investigate and see if it's viable that we can get the meeting set up, and if we can, we can take the meeting? Because there's too many moving parts here right now to say yes.

I mean, with the short time frame available to us, I wouldn't want to put the additional work on and then not be able to accomplish it anyway.

If you can't get quorum and staff has made all the accommodations for it, then it's all for naught.

Well, I mean, even if I voted no and it does pass, I would take all due effort to ensure that four members attend.

The other issue I have here is that, which is addressed to the attorney, this kind of board have to have a meeting in the public.

If we will move somewhere else, then... No, we can't move anywhere else.

staff is setting a specific date i might not be able you know i'm i i can't keep the next 12 you know all the business days in the next 12 days open you know i wouldn't also under make anybody else do that i mean i would make all due cause to attend but um i can't we wouldn't be able to guarantee in advance yeah that is also my main concern because in the past to do this and not have the reason would be a huge huge i'm not pessimistic

About this or optimistic, but the thing is that based on my experience for the past five years We can sell them have a full quorum We experience Yeah, when regular meetings no meeting because there is no free actually like right now there are only four of us So if you're gonna make another Let's see four days from now to call a meeting Who knows we'll be here.

What was the fine amount again Mike? I'm sorry.

178. 178.2. You wrote it down? Thank you.

Yeah, here it is. I wrote it down. I was like, it wasn't on this.

Oh, yeah, it was three cases of 370,000.

There was a paperwork mistake. They should have re-liened the property because the lien is continuing to grow. Somebody should have filed that 19 years, the re-lien, but... It's a billion papers that you can't expect people to do that. So it's not staff's fault. It just ran out.

Sure. I have a quick question to refer to you, sir. Is there any way that you can at least move this foreclosure a little bit by just talking to the bank or whatever?

Yeah, just the expedience. That's the only topic for discussion right now anyways.

Yeah, because usually there is an appeal that the judge can still give another appeal to the judge.

Yeah, I mean, before any vote, so far we haven't had a motion. My comment would be to appeal to the judge to stay until the day after the next meeting. I can't imagine that, you know, the judge would be, I mean, that would only be pushing it another, you know, 10 days or, no, not even, it's just like 10 or 12 additional days. Because I honestly, I mean, we'll see if a motion, but honestly, I don't foresee a motion coming out of this. It's just, I think it's overburdening on staff. I think it's unlikely that we're going to have quorum, which is my, I wouldn't want to burden staff and then not h

I would like to move, but I know I will not be available for quorum at all next week, due to my work schedule.

It is literally the worst time of the year for me.

With regards to the document, I think the staff here have the responsibility to do it. with the intention that there will be a meeting on March.

Yeah, the problem is we can't even have, like, a mock hearing to get how much money would he offer. And because these four people might not be here for that meeting, so we can't even say to the judge, like, oh, we had, you know, a mock hearing, and of the $177,000, we think that, you know, $8,000, and he has, we don't even know if he has the, you know...

You guys can help him get this done and be on the books by tomorrow and at least show that he has a hearing scheduled. And that might be enough to convince a judge. He's already on the agenda for the next meeting. You know, if it had been done yesterday, you know, no, even then, it would have had to have been done at least, yeah, at least Monday morning.

He has muscle that they want to help him, but the burden is not on us. The burden is on him, too. He has to do something about that. We already expressed our support to him.

Yeah, yeah, I mean... Think the board is willing to stretch a little bit to help people as much as possible I just think that this one is just a little a little too far. Well, it's mainly you know, it's it's it's Staff is fully occupied. It's not like they have an overabundance of free time, you know They're not taking two-hour lunch breaks even you know plus coordinating at least four of the board members to attend the likelihood of that is

We also know one will continue to be out of town next week as well. Well, yeah. So we're already down two. So, I mean... You would have to have all the other four. At least four of the five.

Number one, I have a February 27 out of the country, so...

but there's no way you can do some type of documentation well that's right now i would make a motion to re my motion would be to request staff do make all due uh expedience to get him on the document and publish some kind of paperwork for him by the end of business tomorrow so that he could present it that would be my motion i will support that motion i would support that motion

All right. So moved as stated, we request the staff to, with all due expedience, to start the calendar for the next meeting and get this house on the docket. Do I have a second? Yes. All right. All in favor say aye. Aye. Aye. Ayes have it. All right. Thank you very much. I'm sorry we couldn't accommodate more than that, but hopefully that'll be enough to at least give you a little bit more time to come before us. Okay. All right. Thank you. DO WE HAVE ANY OTHER FURTHER DISCUSSION? WE HAVE THE MEETING MINUTES. HAS EVERYONE HAD A CHANCE TO REVIEW THE MINUTES?

I move to accept it. Do I have a second? All right. All in favor say aye. All opposed say nay. Aye. Ayes have it. Thank you very much. No further discussion. Do I have a motion to adjourn? Do I have a second? So moved. All right. All in favor say aye. All opposed say nay. Aye. Ayes have it. Thank you very much.