##VIDEO ID:h6Ck1vOV9O8## e e e e e e e e are CH ready okay we're good everybody in place good evening everybody I'd like to call to order the village of bcan Park Code Compliance board meeting for Tuesday January 14th it is now 601 p.m. would the clerk please call the RO Janie Anderson blinton here Rola bonto Judy Hamberg here Michael lard here Ashley and ber green Co um co- compliance manager Dari Grant Luciano nibs present rafhael gutterz absent Vanessa Cherry present good evening once again this is a meeting of the village of biscane Park Code Compliance board the board is authorized pursuant to chapter 14 of The Village's Land Development clode to ensure compliance with The Village's code of ordinances the members of the board are citizens and residents of the village of biscane Park we volunteer our time and we are not paid for our services the purpose of each hearing is to give any alleged violators the opportunity to contest the decision of the C- compliance officer which resulted in the issuance of a notice of violation and to determine whether a violation of the village is code has occurred or is occurring we are not authorized to dismiss violations based on hardships ignorance or the fact that others may be guilty of the same violation these hearings are conducted in a quasi judicial manner our responsibility is to act much like a judge in a court and that is to hear case pres cases presented by The Village's Code Compliance officers and to hear contradictory arguments presented by the alleged violators we are not authorized to change the codes The Village commission is solely authorized to enact or revise codes conversely neither the commission nor the village manager have the authority to overrule the findings of the board pursuant to chapter 162 Florida Statutes orders of the board can only be appealed to the Circuit Court of Miami Dade County we have the authority to assess and order the payment of civil penalties to issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance and to assess the administrative costs in order to make a finding upholding The Code Compliance officer's decision we must find that there is substantial competent evidence that the name violator was responsible for a violation of the relevant section of the code as charged all documentary evidence presented by the parties must be submitted for placement in the hearing file no documentary evidence will be considered unless the alleged violator or co- compliance officer submits a copy for the hearing file each party shall have the right to call and examine witnesses to introduce exhibits to cross-examine opposing Witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination to impeach any witness regardless of which party first called them to testify and to rebut the testify against them excuse me the evidence against them if you intend to address the board and haven't signed in please do so also anyone wishing to address the board please stand and raise your right hand so you may be sworn in you're reminded that this board is quasi judicial and giving false T testimony can be penalized clerk will administer the oath please stand up please raise your right hand do you swear or affirm that the testimony you about to give will be the truth the whole truth and nothing but the truth you may be seated it do we have any additions deltion or changes to the agenda no I would like to see the case with the police officer be heard first so he doesn't have to sit here all night okay change the order sure that's not a problem I do have two additions to discussion items um one would be it was suggested in a meeting I was in the other day with the manager and Dorene that we consider once a quarter perhaps having a meeting during the day which I alerted them though we do have three of our five members who do have day jobs but I thought I'd bring it up for discussion just to get everybody's input and the other issue I wanted to discuss was who manages the calendar and potential conflicts I I'll get into that later and explain what I mean but there just quick discussion items I promise okay and yes Judy uh we have consensus I'm sure y take the case that the officer is here for first yes oh okay then all right then we will take you second thank you for letting us know luchano are you ready with the first case oh there he is okay welcome Chief you want to swear in Chief oh okay hasor War Vanessa which which number is this 7.1 on the new business new business sorry Chief you have to be do you swear or affirm that the testimony you about to give will be the truth the whole Tru and nothing but the truth a first case under new business 7.1 824 Northeast 111 Street case number CC c-25 d004 hqh biscan Park LLC care of registered agent Miami accounting and tax services LLC we're looking for an order of enforcement in this the violation is for under Section 18.4 permitted days and hours for construction work in this case the active construction at the property occurring before 800 a.m. you have the biscan Park police chief would give a testimony in this case good evening board um glad to be here um Mark steel police chief of biscan Park Florida um on this day uh we were conducting Patrol we've gotten a lot of complaints on construction starting before 8:00 a.m. um I went out there personally started checking on the sites on this St in question uh before 8:00 a.m. uh there were several workers uh present working I could hear the the construction from the roadway we took photographs attached it to the report that was provided to code enforcement uh there was total of three workers two workers that were up visible from the roadway uh moving in uh Machinery in uh bags of concrete it was approxim right after 7:40 in the morning um we took pictures with the date and time also there were two workers in the van out front they weren't working but the the three onsite were working we shut them down and instruct them not to perform any more work until 8:00 a.m. uh they said they typically start about 7:30 in the morning is there anyone here representing the property owner or no no one here has signed in uh in reference to that property any discussion from the board if not I believe we're ready for a motion on case number um c-25 d004 that a violation has occurred say the F of $250 in administrative fee of I'll second second I have a first and a second all in favor I any opposed motion passes 4 Z all right before we move on I just wanted to just add I didn't want to influence anybody's decision here but I think the last time we were here I think last month we had the exact same address with starting before right right this has been a a frequent uh issue at this residence U we're we're working on another I don't think it would go in front of the code board all the individuals that were working there that day did not have uh were not US citizens and did not have work Visas so I know that's more of an immigration issue but well what I was going to add to that also was that that the last meeting I had said that I was on my morning walk with my wife and it was I believe it was like I thought it was like 7:25 or 26 or something like that and I reminded my wife that well I told my wife that I said she goes 7:26 she goes it was it was 656 when they were out there working so I I I've experienced that exact address with the exact same problem could catch Michael and I appreciate it what would help us is in our backup if this is a repeat violator we need that first we need that first batch of documentation because I I appreciate Michael that you remembered the rest of us clearly didn't so that's really important on every case that you guys do that little extra step and include that past documentation so we know it or basically just make us aware of the fact that it's a repeat offender for the same defense and given that I mean are are we amicable to uh resending the uh motion I made and I would like to make a new motion if this has already been before us once before for the same issue and it's a second occurrence I I think it might be the third were there there may have been two the last time I don't remember but there there's two adjoining properties 820 and 824 correct so then the same company we had violation with we had one right next door um they was probably violating next door but by the time we got to the second property they ran off really quick uh but we did get them this time I know that you mentioned the last time it was that property that they were violated at least the second offense so to inform the board noted that we would add additional information in pertaining to this case that was a different property owner next door it was the one next door to it correct the the demolition next door and then you saw them at the the property that's this one today that they working that's I saw that one yeah sir but we were talking about the other one so same company but I guess it's the a joining property then let it stand hang on okay yeah it was 820 you're right yeah there was only 24 I thought we had two last month but yeah yeah I did too thank you thank you the officer had cited here tonight yes there is another case once you guys have wrapped this up I can move on to the other case our next case 7.4 under new business 11320 Northeast 11th Place case number c-24 - 0122 J andb Management Associates LLC care of registered agent Lewis J Murray we're looking for an order of enforcement on this case the property owner is in violation of section 18.4 permitted days and hours for construction work this is a demolition of property before 11:00 a.m. on a federal holiday if I could just refer to the notes we had a few so I just want to make sure I had the right information just in reference to this case the chief of police would be given testimony I again Mark steel chief of police of bis G Park this happened on Christmas day uh 12:25 uh Federal designated holiday our responding officer uh was Luigi detective Luigi M uh uh on this day question uh units were dispatched at 9:00 a.m. uh from the Miami Dave Police Department or now sheriff's office in reference to the location at 115 Northeast 10th Avenue that had construction work being conducted on holidays upon arrival the officers observed the construction work that was being taken place at a nearby construction site which is the one listed at 11320 Northeast 11 Place upon investigation they identified two males that were on site um Vil frone and Joseph Alex both individuals uh were informed that construction work was prohibited on the holidays uh they did stop work immediately but the officers did witness them working at the time of response is there anyone here representing this property luchano if you would sir state your name and your relationship to the property I'm the the contract s your name sir uh David Molina um protect Builders LLC um I'm guilty the problem here is I hired this these subcontractors and I gave him a little bit of pressure to finish up because that property had been uh bacon for three and a half years they went to two different contractors and I wanted to make a Mark and I said well you know what I need to do this on a timely manner they jerk me around for two and a half weeks before they did the actual work so I put a little pressure at the end uh I didn't know they were going to work on Christmas day I was on the keys in vacation and then they called me at 12 something and they go hey the police came by and I go what are you doing there on Christmas nobody works on Christmas what are you doing there on Christmas day well they wanted to meet the deadline because I was about to fire them it was my fault I should have let him know and I didn't good intentions sometimes go AR yeah so they wanted to finish quick thank you for your honesty so I'm here if there's no further questions I'd like to make a motion um given the testimony of of Mr Molina the contractor um what I was originally going to recommend was a little different than what I on case number c-24 d122 f a violation has occurred assessed F of 20 plus $250 administrative me I'll second I have a motion in a second all in favor I I opposed motion passes 4 Z Chief I just want to ask a question um the the the report that you were reading from that was you weren't there that day no sir um for case law in the State of Florida police officer through fellow officer rule can testify on behalf of another police officer okay yes sir thank you just a real quick aside though when we do have repeat offenders I find it helpful if you include the not U the notice of enforcement from the first case because then we know not only that it's a repeat offender but what was our finding just that one little piece would be helpful not in next case our next case so 7.2 868 Northeast 119 Street case number c-24 d202 Mary lson we're here for a progress report on this property uh the property owner was in violation of section 8.4.3 point1 Property Maintenance of exterior walls showing signs of discoloration in regards to this property they obtained a paint permit issued on January 13th and the property is now in compliance is the property owner or any representative here no one has signed in for that property just requesting permission to to be excused requesting permission to be excused thank you board thank you well there no questions I'd like to make a motion case number c-24 d202 that the property owner has come into compliance andos I'll second all in favor I we oppos motion passes 4 Z yes um why why don't we go back back to Old business okay number six under old business 6.1 property uh 820 Northeast 111 Street case number c-24 d66 re investment 820 LLC care of rul Reyes the property was in violation of 18.4 permitted days and hours for construction work this was a demolition of property before 8 A.M on January 9th 2025 the property owner came into compliance by paying the fine yeah there there's no questions I'd like to make a motion on case number c-24 0066 that F has been paid full and to close second all in F motion we have a first and second all in favor I any opposed motion passed is 4 Z our next case under old business 6.2 826 Northeast 12 Street case number- 22-03 83 Jan and Roots wife Denise care of Laura arve B shalter Esquire we here the property owner is asking for a continuance for intent toan the property was under violation for the FBC code and Miami dat county code unsafe structures profession Professional Services for case preparation May Miami date County unsafe structure Board hearing invoice number 00212 005 date March 5th 2024 in the amount of $10,000 would have helped to have this so that we had some time to read it ahead of the meeting there's there's there's some meaty things in here I apologize folks if you would give us just a couple minutes to read this document okay yeah my question was going to be because what was submitted to us for tonight's meeting unless I'm missing something did not satisfy the request that we made at the last meeting we asked that there be a detailed breakout of how the 10,000 was achieved because all if you see all it is is a certain amount attributed to the building work a certain amount attributed the building official but it doesn't itemize what in fact they did to come up with those numbers and to me that was a very fair request by the by the attorneys that were representing the property and the mortgage company but unfortunately we still don't have it yeah bottom line is you're requesting that we table for February that is correct okay questions that would be my motion that we table e n 22- 0383 to our February meeting I'll second all in favor I I any opposed motion passes 4 Z our next case on their new business would be 7.3 890 Northeast 117th Street case number c-24 d84 Manny Lopez we're asking for an order of enforcement the property owner is in violation of section 16.7 fence and wall wall permit this properly is in station of wooden fence without a permit located to the front of the property facing Northeast 117th Street and to the rear of the property facing Northeast 9th Avenue okay I'm look when I'm looking through the backup I don't see any communication past June 11th when the building clerk basically said the your permit will not be reviewed or continued permitting process until the following documents are provided and I don't I don't see any communication past that has there been any communication with the property owner between you Lano the building clerk anything that made any progress uh contact was made with the property owner they were at the Village Hall on January 8th I met with both uh Mr Manny Lopez and is other half at the office and explain to them um they were they were questioning why they were getting a notice um to appear so I explained to them the notice of violation and what they needed to do to correct the violation there's still not a permit there's still work done without a permit that is still not permitted and basically p and Z denied the per right on April right and whatever proper documentation to put it back in the loop apparently has not yet been provided am I correct in that that is correct we also have the property zoning here to also give testimony as to what their status is before we get into that Mr nibs did um did the property owner indicate to you when he was during this confusion of why he didn't you know he was getting these notices to appear that he didn't know uh or the status of his permit or anything of that nature well when he came in I told him that the notice was because of the stalled permit and what he needed to do to correct it go through the planning and design board or remove said fence that would uh meet compliance okay yeah because um yeah the notice of violation was in February 23rd of 2024 and then they did have a put in request for the permit for um planning and zoning and in April the first that permit was denied and instructions were given on what they needed to submit in order to achieve a permit or to get a permit and from that point on nothing significant do we know if the the offence was put in before or after the application was rejected it wasn't after the fact that was being pursued okay because the notice of violation was February 23rd he applied for the permit March 21st that's that's sort of initi good evening may I speak even introduce yourself and your relationship to the property absolutely my name is Manny Lopez I'm a fairly new Resident a couple years already and in here in in biscan park and I am the owner of the property um I think in all fairness I would like to kind of go back to how this we got here to begin with I need you to speak up okay can you hear me now all right so I like to get to the the beginning of how we got to this scenario um we originally hired a professional fencing company called Superior fence and rail um of which I had signed an agreement with them for about I guess $122,000 to put up a fence um of which um they were taking care of all the legitimate paperwork um with the with the uh Village um and basically after many many weeks of um denial and and heartache we just decided to back away from the um project that we were to do now the project that we were going to do with this existing company was different from what we're talking about today we're going to put a very long fence that was going to take four feet of my property in order for it to take place which we did not agree with because it was when you look at it in a square footage scenario it's a lot of land that is being taken from us so we had decided that we will cancel that agreement which cost me $2,000 um with that company so um we decided to replace some slabs that from the two existing fences that were there because I have a 7-year-old kid that was probably six at the time and you know I have a couple kids and a and and a dog and we're on the main road of the Village um a main road that um you see a lot of speeding Vehicles you see a lot of people walking in and out of the village that don't live in the village um at all hours of the day and we are in the corner of that um that street the reason why um there's so much activity there is because we're two blocks from the park and any everyone comes in and out of the park so um I decided to bring some additional information just so we're all on the same page as far as what took place cuz um we didn't put a new fence up um basically this is the original uh permit that was submitted from the original owner um when he put up those two fences uh this is a survey which I had submitted also in the when we went through the second round of trying to get the approval um I got photos of both fences and you can see from before I bought the house they were basically falling apart and you do understand anything you give us it does have to stay with the file we can't give those back I'd like to see the permit please sure absolutely um that was from it's an old it's it's from the original owner correct yeah B you'd like to come up to the podium um so we were not aware of um going through a permit process to replace some existing slabs um all the original posts are there um you know again we were always clear about that when I came to you know the village to say all we did was change some um some slabs we didn't change any structural nothing was where you know required any engineering or any Architects to come out and and you know do anything in that sense uh so I submitted the paperwor you know I did get an email back in April saying that I was it was approved um and then I got another email saying I had to make a payment which I did here's my receipt um and then things from there I don't know what happened that things kind of just fell off um can I see that approval sure but is the payment is for the permit application or um I'm not I'm not sure ma'am what's PNC Fe and there was nothing online that says anything about like a after permit as far as I I when I was looking online I didn't see anything about an after permit when it was brought to our attention um I guess the bottom line still exists or is that the fence was constructed prior to paining a permit your what was submitted was was declined back in April and eight nine months later the proper documentation apparently has still not been forwarded but there is still an unpermitted project well I think I think his position is that he didn't go forward with the permit he just replaced some existing some boards on an existing structure is that de gravement of what you're saying that's correct I understand that's what I testimony to be wait a minute but I agree the picture subm from the original one they're vertical and these are horizontal so it's more than just replacing 50% it's replacing all of them even though the one's in the front one on the I saw the yeah those are all vertical all the way across the feet that you paid was just to get on to p and Z then you had to go there talk to them and see if you could get a permit so you missed a step in there okay that I mean that's that again that's where I think things kind of the the communication kind of fell off yeah if it's more than 50% and that's 50% of of this the the replacement I'm not that's on driveways I'm not sure luchano on the fence ordinance is there a percentage by which the is not a required permit basically for the fences uh I I can't say for the percentage I know that anything over $100 in repairs you would definitely need to obtain a permit for that even if it doesn't have any structural is that I mean there was no structural stuff done to struct Sir friend is considered structural friend has to be uh permitted and inspected for proper anchoring for wind so yes it is structural I understand that ma'am but the the the the original poles that were there were not taken out they're still there and all it just knows that if an inspector is not out there looking I understand that and I think knows the condition of them and if they're still if the rest of the fence wasn't in good shape are those posts actually in good enough shape so that's why we have a per process with a a building official who can check things out not only that it's just that the design is changed also that too had it remained straight flats and you replace some flats that were rotted wouldn't most likely would not have had to pull a permit it was less than $100 um but the whole design is and I believe part of the design of a of a horizontal fence you can yours to me meets the criteria because you only have a separation of a few inches MH to not allow a child to climb over it or get their head stuck in it so I don't know why it was denied it's just that you don't you should have pulled it from it and and it was denied so where are you now with going before PM I mean I I would love to do right I mean we've you know we we understand the permitting process I mean we own a business in Winwood and we went through through every permit that you can think of probably the only business in Windwood that did so probably right and um and again it was just a lack of knowing that you needed a permit just you know to replace some boards that we felt that were unsafe in the condition that they were in and considering that we had applied for offense with a professional company to come out and do it and it got denied and denied and denied and denied I mean in the absence of a like 50% requirement and you know and putting aside the vertical versus horizontal argument because it is somewhat persuasive you know that that $100 thing is that you know that that catch all I'm not a big fan of that because I just don't you know I just think if we can't figure out some way to get you we're going to get you on that I I don't neily agree with that you know as far as hanging you up on that you know but um you know a lot of the other arguments are also valid with respect to you know the the condition of the post Etc um and I also hear you know a willingness to to to make right I mean I think you know this is a circumstance where you know uh you know we got to get to the right result it sounds like you're ready to to do that it's just about figuring out you know what to do now you know what happened in April when you received the information that whatever it was that you applied for didn't pass was that the old uh contractor or something to be honest I I really wasn't I can't recall there was so many emails that went back and forth and so many doc so many um things that came from the system and even me going into the system and trying to find which contractor as we all know it's still the burden is on us as homeowners did did you go to the Planning and Zoning meeting yourself I did not okay I would recommend you do when you have to go in front of pnz even with if you have a contractor they want to hear from the resident okay I mean I would like to know what what's the the next step for us I mean of course my my biggest concern is my child I mean I don't want to I don't want to put my child In Harm's raid on a main road right because that would be really bad so uh you know whatever we need to do to you know resolve the issue and if an inspector can come out look at the post maybe and and make some recommend ations I don't know there are no more questions I think we're ready I'd like to uh add some additional information in reference to that permit the Fe 24-17 in regards to the planning and design board where they sent uh Records back to the applicant for changes they were missing a fence Dimension and fence detail packet which was incomplete so it sounds like that's what they need inform okay um so where do we go about that information do I have to go back to I would strongly urge you Ser to make time and go into Village Hall okay speak with either the code officer or the building clerk who then can pull your file and tell you exactly versus sometimes emails it it gets to be too much some we really got to do the face Toof face thing if we can make the time that would be great we have the dates of um are these dates correct for the next uh pnz meetings of February the 3D and February 24th already today is what 14 14th the 24th yeah right um had to make a motion on case number c-24 d84 that a violation has occurred and give the property owner until February the 28 allows for two codings I mean two uh to have aull permit and assess a fine of $250 W the administrative cost of this given that the property owner appears to be very cooperative and really wanting to settle this is and the daily F no not pull by February the 28 the daily fine to assess at $250 per day a second basically is there an option to take it down is that an option to or well but but you can go to planning and zoning and see what their requirements are because it might be cheaper for you to pay the double permit fee and get it inspected by the building official and actually get a permit for it the after um the after the fact permit fee is double what the permit fee would is so might pass right now and you just pay the permit fee yeah and you're done okay so rather than certain criteria yes okay they're not going out to your proper need to give them all that dimensions and all okay it may be fine okay we don't know if they don't have it okay okay we have a motion in a sec um in a second all in favor I I motion passes for zero good thank you thank you sir thank you sir our next case 7.5 111 335 Northeast 11th Place case number c-24 d276 eido Gonzalez we're here for a progress report property owner was in violation of chapter 5.6 off street parking where the driveway does not meet the design standards set forth in section 5.6.7 this case was before the board in the last hearing the reason we have this copy folks is I thought having 5.6.7 we could see exactly the detail 5.6.7 f is what pertains to gravel driveways in particular I call your attention to the border and the amount of death that a border has to have on a gravel driveway oh I was going to say I I I mean thank you for the picture and and I see a a vast difference what are we actually looking at Luciano and this The Continuous border what is it I mean it looks looks def Improvement definite Improvement thank you good evening and happy New Year Happy New Year I hope that we're done with Luciano's uh blessings well it appears to be continuous I was there this afternoon I saw that uh he had someone there working on it uh earlier in the day and and I so I apologize but it's usual the formality I need you to identify yourself and your position of the property pleas my name is ago Gonzalez I'm the property owner luchan are you are you comfortable that this now fits 5.6.7 that there is a proper continuous border according to what here is in the ordinance yes and what is that border made up of I'm sorry ma'am is that concrete no ma'am those are uh aluminum um borders aluminum yes ma'am very durable as durable as a granite um you and they're four inches deep yes ma'am looks like he put some more gravel in there no I'm sorry looks like you put more gravel in there or yeah then if there are no further questions we have a motion um I think I've spoken on this case in the case Us in the case of dn24 d276 my motion would be that the property owner has now come into compliance and that once the fines are settled I'm guessing sir it's probably a pretty safe guess you're going to want to come back for a fine reduction request I've I've submitted that already I have we have all the paperwork on that so we can hear that next month okay I'll second your motion thank you all in favor I oppos motion passes Z have to deal with you've already submitted it so we can't close the case until you come back and we deal with the fines and your fine requ um your fine reduction request like I said we I've submitted that that form and then whatever thank you sir a significant Improvement sir thank you so much our next case 7.6 11520 Northeast 6 Avenue case number c-24 d96 11520 reality LLC care of registered agent Ser Sergey Sandler the property was in violation of section 8.4.3 Property Maintenance where the wood ster stairway in the back inside the building there's an absence of a Stairway handrail railing system between the top and bottom ballister with a vertical gap of no more of more than 19 in in regards to this case the property owner was in compliance has achieved compliance sorry he did pull his permit and one one moment a picture that I this morning for real please raise your right hand do you swear or affirm that the testimony you about to give will be the truth or hold to nothing but the truth I do Dorian Grant code manager code plant Department I inspected that property for compliance and found that he has installed a Hil that helps um people going up and down the stairway and it's now in compliance it didn't need a permit because it was a very small job for unfairness I see this was Raphael's case thank you Doren thank you dorine c496 liance has occurred and to close the case second all in favor I I any oppos motion passes 4 Z our next case 7.7 11638 noreast 7 Avenue case number c-24 D21 Patric Cohen and elizabetha fanton fanton the property owner was requesting a continuance they were in violation of section 165.1 carport permit where an existing carport was built without first obtaining a building permit I well I certainly want to hear why the request for the continuance it's no longer needed I'm sorry it's no longer needed the continuous because I was missing a engineering plan okay and I got the engineer I was going to say my concern here is we're dealing with the case it's 11 months old and it's a simple fix to come into compliance it's not a monetary time consuming they just need the NOA it's done I sent everything to rafhael but he hasn't replied I guess cuz he is on vacation believe me anybody who's put in a door or whatever we're used to having to get the noas which just given luo do you has the gentleman submitted do you have it with sir I do need you please identify yourself can you hear me hi my name is Patrice Cohen I resident at 11638 Northeast 7th Avenue my wife is not present just second yeah I submitted online ah oh okay but but my account still I cuz I was able to go through the log in and upload a document and everything it was done on Sunday Last Sun the first did you do it on Open go oh okay okay but you you do have the the engine you you got you didn't get it okay all right we have a new system his stuff his stuff is AO when he when he does this form the stuff he did on the first is going to migrate automatically there right okay all right so have you inspected the the forms that he's got now to and are you comfortable that do you want me to I I printed one out for you guys if you wanted I believe you sent those to Raphael those were the those are the plan details yeah the engineering I had to HDE the why took so long as I had hired an engineering firm and they ghosted me I sent them a deposit and every saw them again so I had to start all over again and so okay well I uploaded on the site and I sent him to Raphael just so that he knew that you know it was done but yeah we we saw we did receive those okay that that he um got the details for that but as that was I think the only thing that was missing to finish my file so as the young ladies were saying that you just submit those documents the building department and then we can move forward with that I'll pass by tomorrow sounds good there are no further questions I'd like to make a motion in case number C- 2421 the violation did occur the customers I'm sorry the property owner is working toward getting the permit if the permit is obtained by February 28th close the case if it is not obtained by February 28th a $250 daily fine no because he did start working on the application thank you second that thank you guys all in favor I'll second anybody second it Judy okay I thank you have a good evening motion passes 4 Z nice looking I like it yeah it the whole thing looks great looks very smart and driveway and the property Yep looks good take care our next case 7.81 12022 Griffin Boulevard case number c-24 D 0097 Ben Veno figur and Carmen figuro looking for an order of enforcement property owner is in violation of section 16.3 point1 building permits required was observed the exterior walls of the property are covered with stule material without first obtaining a building permit what am I looking at in these pictures that are attached to to the file stucco that is correct like like okay like where all the exterior walls it's hard to see the the detail you're trying to show the ones that came with the backup are incredibly way this one is marginally better and tell right what's right and I tried even looking on my iPad and it didn't help I'm on my iPad right now and I can't tell I mean I respect what Ro Officer says he saw but I'm not seeing it you questions from the board what's the violation I mean you know in my business you get you can make a motion based on the four corners of the complaint and determine whether it you know creates a cause of action and kind of applying that same standard here um presented with um presented with a description of obser exterior walls of the property covered with Stucker without first obtaining a permit and then I go to the pictures and I see you know uh one two three pictures of a house and I was provided one that were taken on January 8th and December 20th and uh also today and the one today doesn't look materially different from the other three photographs so to me I don't even have any basis to to to you know move forward with uh yeah but but but but this is a violation of uh that's being provided today the property owner doesn't have a requirement to to do anything at this point if there's not enough information to even move forward you can kind of stretch your imagination and see shadowing and Chang changes but not to the level that I would be comfortable saying yes okay I'm looking at walls that are Stucker significantly without permit on it I'm not comfortable I I'd move to I don't know if the proper format is to dismiss or to quash or to not proceed dismiss I'd make a motion to dismiss uh you know based upon the information provided that it doesn't provide a cognizable um you know case for us to to consider I'll second all in favor I motion passes for thank you good evening to you and thank you all I don't snatch the feet out of the jaws of Victory I'm out thank you thank you that was our last case next is the minutes I read the minutes and I thought were another excellent yes ma'am nice thank you thank you Vanessa and we know that's not easy I really appreciate it nobody has any to add I'd like to make a motion to approve minutes one second all in FA favor I motion passes 4 Z record 7 o'clock do we got two discussions we got three discussions I promise we we'll make them painless I promise okay um as far as the idea of a once quarter having a a daytime meeting not out of the realm of possibility for I'm looking atos of you because I know you have your job well no I retire February 28 so I'll have a little congrats you love it believe me I have a few more years left and you know very busy law prce they would not work okay question though what is the discussion for oh people requesting daytime it had been suggested [Music] in in a Mee I had a meeting with Alan darene last week over several things and one of the suggestions that came out of that meeting thought of it uh was the potential of having once a quarter only to more accommodate folks particularly who come with the TS so that they're not paying for those extra hours and I also thought myself once the subject came up there might be people who are coming from further but again I said it straight out when it was suggested that I knew we had but we have three I'm sure do would have an issue also I'm only concerned how how we don't know until really shortly before for the hearing that a resident's bringing an attorney so how would that be coordinated there I'm guessing there are some ongoing cases that they pretty much this but again I knew with two and a half still working daytime that that probably wasn't going to work but it was spare to bring for discussion I'm I'm not really in favor of uh accommodating the attorneys either and I mean we meet at six o'clock I mean that's it's not it's not like we getting paid either way I need Dorene in here for my next comment but I'll wing it um I would really prefer because this is a staff issue wait minute which one are you talking about dat um calendar or calendar conflict the calend calendar confer that's okay meeting procedures uh I think any okay let's continue with the meeting okay I think anybody who has ever chaired anything particularly a border committee probably would agree that the toughest part of the job really the part of the job is to keep them meeting moving showing everybody their respect give them their time but keep it from slogging so if I'm faced like I was last month with someone who was literally reading verbatim from a document we have in front of us I'm going to ask that they St now anybody has any problem with any directive that one or anything else that I say all I would ask is please address me directly I'm sure we can come to some agreeable conclusion but don't do an end around then we sort of lose control of the meaning and it's kind of a bad off speak out tell me and then we'll go from there the last thing is Asen and and Vanessa know last Thursday I caught that our meeting this week is still listed for tomorrow when we had already moved it and then that that move would put us in conflict with arts and culture which means all of that had to be dealt with because we can't very well move we're too many people to get arts and culture to move dorine had to jump through the hoops and loops and get it all taken care of I'm noticing February and March is the same thing I shouldn't have have to notice it I shouldn't have to let you guys know because had we all ended up here tonight we look very foolish and this was a light meeting compared the most picture when we have a room full and people not happy to be here to begin with we have another Tuesday meet let alone hang let alone when we're wasting all of their time I I don't know that it's Tuesday but whatever it is arts and culture is listed the same day so that's that's kind of an issue only looked as far as March it could go further so it is that Vanessa's responsibility to calendar in the conflicts or one of the code officers or yeah February is I thought ours were pretty standard and set and it's just on the rare occasion but I noticed March and April I'm sorry February and March arts and culture is listed at the same time maybe that changed since last look right but we stay conscious right so we plan our our dates um ahead of time and then we submit them to the clerk's office so if Arts submitted their day their dates around the same time we did she gets them and she enters them onto the website but it's our responsibility to look and make sure manage it because we really don't want to is there like a universal calendar that's we do have a unival Bas what we have like I I just called up February and yes we're back on Wednesday but so is O and culture that same night the conflict was we move from wnes that was different right but this in this case we're both there somebody's got to be over there I'll take care what are we going to do when we don't have you yeah when aren't we going to have have you listen whatever SI is here I think here in COD Cas okay if nobody else has anything to add um no I would only I don't know what's going when it comes down to oh the one thing and I don't know if it's not necessarily for us maybe for the commission is for to address these properties that have a fence that a fence has been surrounded the property for years their vacant property yes at what point should should the vill should there be a time limit on the amount of time of Pence should to remain without having to get a a new permit or be removed because the property if the property's been demolished then it should be in a park like situation I mean there should be nothing that would require 117 and 113 yeah there was nothing that would require a fence right because there's no pool there should be no pool there should be a cleared law so the only thing that will uh stop us from issuing a violation is if there's an open building permit so building permits can go on for a year because they are negotiating something with the county or they are trying to do something these projects can go forever it could be any reason but as long as that building permit is open we can't issue a code violation for that fence but the ones like on 6th Avenue that's been there for like three years the ones on Fifth Avenue you're right for like three or four years and I've had Direct meetings with property owners I just had a meeting with the property owner on of six the one on Sixth Avenue he came to the office from New York and I explained to him that we are not sitting here and waiting to look at that fence forever he has an open permit now on that property oh yes so does Fifth Avenue right because it's the same owner I believe no he sold he sold but he has quite a few properties over here so 1106 1102 um and then there's another one over here the one we just um the one that had a living in there his yes so I'm I'm working with her we have been working with his assistant because he lives in make sure the prop are safe boarded up the a current so they all have permits now current permits is right if there's we do find a property that is out of the permit is out the permit is expired we definitely will issue a valuation excellent second I I thank you Judy let me resend that motion to adjourn second we do have to um vot on Rolo's apps there any communication from Rolo um Vanessa where's the bathroom has a communication part I didn't hear anything this afternoon bring it bring it back for next month we will oh possible I was surprised I checked with uh Vanessa I was like are you shirts today because I was looking at it I had no idea but he because did it get changed when we got the agenda it clearly said did it change the last meeting did you get any communication from rodulfo saying he wasn't going to be here no we can take the was at the last meeting and the agenda shows it the both the agenda says the 14 I'm sorry the agenda says the 14th so we have both situations right so do we want to take a vote on whether or not it's an excused answer I'll make a motion to not excuse rol Ban's absence tonight all in favor I any opposed opposed I kind of oppos it because there was a change and if he didn't look at it I was at the last meeting and I didn't realize it until I checked with Vanessa today I was like are you sure I I somebody had mentioned to me it was changed and went and actually looked on the website but I looked on the website and it was listed on the website until two days ago that that's what I what do you think I brought up a few minutes ago may may I help um cut it short uh so the motion failed so do we um can we just uh uh uh uh make a motion to uh say that uh recommendation uh well the till next we meeting whether he was ex not second feu I'll agree all in favor all motion to adour motion is to move the decision to do a motion yeah till next month till next month what the story was okay you know in a way that's only fear God forbid God forbid something really serious you don't want to gu to look at that on it's usually here yeah that next mon you