Dangerous Buildings Commission Meeting

DANGEROUS BUILDINGS COMMISSION James Downey, Hearing Officer Charles Bayly Conan Fisher Ed Carter Karl Richardson Joe Doan CITY OF ALGONAC 805 St. Clair River Drive Algonac, MI 48001 MINUTES FOR SPECIAL MEETING Wednesday, April 22, 2020 9 a.m. This was an electronic meeting due to the coronavirus pandemic as required under EO 2020-48 Call to Order Hearing officer Downey called the meeting to order at 9 a.m. Roll Call Present: Chuck Bayly, Ed Carter, Joe Doan, Karl Richardson Absent: Pat Fisher Others: City Attorney James Downey, City Clerk Sam Boelke, Daniel Weberman, Dan Marciniak, Tracy Kallek, Lori Warner. Amend Agenda Motion by Bayly; supported by Carter to amend agenda as presented. Motion Carried. Roll Call Ayes: Bayly; Carter, Richardson Nays: None Abstain: Doan Amended Agenda Call to Order Roll call Presentation: 1523 St. Clair River Drive Public Hearing 1523 St. Clair River Drive Deliberation 1523 St. Clair River Drive Presentation: 533 Columbia Street Public Hearing: 533 Columbia Street Deliberation: 533 Columbia Street 4.22.2020 Dangerous Buildings Commission Mtg. Minutes 1  Adjournment Presentation: 1523 St. Clair River Drive Hearing officer Mr. James Downey presented the background regarding 1523 St. Clair River Drive. He stated Fire Chief Doan is part of the Dangerous Building Commission however, he is a witness in the presentation, therefore he will not participate as a commissioner in this presentation but rather will participate as a witness. He acknowledged the addendum exhibits submitted by Mr. Weberman and confirmed they were submitted to the commissioners. The city of Algonac’s Blight Enforcement officer Lori Warner, Building Official Tracy Kallek and Rental Housing Inspector Fire Chief Joe Doan were sworn in and described their involvement with the property. Lori Warner testified the property was blighted; notices were sent and no response was received. Fire Chief Joe Doan testified the property was inspected after a complaint and identified to be infested with bed bugs. Also found were many rental property violations including no smoke alarms. Building Inspector Tracy Kallek testified he revoked the occupancy permit after the court ordered inspection because of many violations including no smoke detectors, issues with stairs and landings, no operable windows and furnaces in multiple areas. He stated it’s his professional opinion the building is not fit for human habitation in its current state. He stated, it is a dangerous building as defined by the city, and it should be razed or brought up to code. He stated he is not a structural engineer but the foundation and the first floor seem to be in good shape, however much is covered and not easily determined. Mr. Lee, the property owner, testified he tried to mitigate the bed bug problem by bringing in propane heaters and heating the units to 230 degrees in order to kill the bugs. He stated he did this in one unit and the bed bugs moved to other units. He got a quote from a professional company but did not hire them. He said the garbage around the property was the result of a squatter; that he came and cleaned up the property in January. He stated he did receive all notices but did not respond because he was frightened. He just wants to sell it and move on. Mr. Weberman, Mr. Lee’s attorney stated Mr. Lee put the property on the market and has an offer to purchase. He is requesting 90 days to allow the property to sell. Public Hearing 1523 St. Clair River Drive There were no public comments. Deliberation 1523 St. Clair River Drive Motion by Carter; supported by Bayly to declare 1523 St. Clair River Drive a dangerous building and allow Mr. Lee 90 days to rehabilitate. Motion carried. Roll call Ayes: Bayly, Carter, Richardson Nays: None 4.22.2020 Dangerous Buildings Commission Mtg. Minutes 2  Within five days the Dangerous Buildings Commission will reduce its findings and determination in writing. Any deadlines issued in this order will be paused due to EC 2020-48 in effect. Until that order is lifted there will be a pause in any compliance. Presentation: 533 Columbia Street Hearing officer Mr. James Downey presented the background regarding 533 Columbia. Mr. Doan will be sitting as a member of the commission for this presentation. Lori Warner testified she found serious blight issues at the property concerning the house and the accessory structure, even though there is a blight compliance agreement in place with the property since 11.19.2018. Issues that were cited in 2018 leading to the agreement are still issues today. Mr. and Mrs. Guillou and Kevin Marciniak are listed as joint tenants. The deed has them as co-owners with survivor owning 100% of the property. Both Mr. and Mrs. Guillou have passed leaving Kevin Marciniak is the sole owner. Michael Stewart, son of Mrs. Guillou, also lived at the property at one time. Dan Marciniak, father of Kevin Marciniak, said his son was never notified by the city of any problems. He doesn’t live in Michigan and has never lived at the property. Hearing officer Downey stated Kevin Marciniak is the sole owner of the property and the only address on file for Kevin Marciniak is the property address. The only contact from Kevin Marciniak came via phone call on March 11, 2020. Tracy Kallek testified he inspected the property in February and found the accessory structure to be a dangerous structure and the house to be in very bad shape. There are broken windows, the front entry stairway is dangerous and the roof has been leaking for many years causing unknown structural deterioration inside. Mr. Kallek stated his professional opinion is that this is a dangerous building, based on the exterior of the building. He did not have permission to enter. He stated his decision would probably not change if he had been granted access to the interior. He stated, he learned from Fire Chief Doan and City of Algonac DPW there was been several feet of water in the basement for quite some time; years. Mr. Kallek stated it is his recommendation the building is not occupiable in its current condition and should be razed. When he spoke with Kevin Marciniak in March, Kevin said he does not have any interest in the property and doesn’t want the demolition to become a financial burden. Commissioner Carter stated his concern about ease of access of the neighbors and safety risk it presents to the community as its near a playground. Mr. Dan Marciniak stated his son was involved only in trying to help Mr. & Mrs. Guillou. Its’ unfortunate he’s stuck in this situation now. He just wants to get out from under this thing that’s been haunting him for over 12 years. 4.22.2020 Dangerous Buildings Commission Mtg. Minutes 3  Public Hearing: 533 Columbia Street There were no public comments. Deliberation: 533 Columbia Street Motion by Doan; supported by Bayly to declare this a dangerous building based on the information provided, lack of compliance and ongoing issues and the recommendation of the building official, and order the building to be razed. Roll Call Ayes: Bayly, Carter, Doan, Richardson Nays: None Within five days the Dangerous Buildings Commission will reduce its findings and determination in writing. Any deadlines issued in this order will be paused due to EC 2020-48 in effect. Until that order is lifted there will be a pause in any compliance. Mr. Marciniak is urged to contact the city to work toward a solution given the details. Adjournment Motion by Bayly; supported by Carter to adjourn the meeting at 12:03 p.m. Motion carried. Roll Call Ayes: Bayly, Carter, Doan, Richardson Nays: None Signed_________________________________________________________ City Clerk Sam Boelke 4.22.2020 Dangerous Buildings Commission Mtg. Minutes 4