Board of Appeals
Regular MeetingBattle Creek, MI · January 15, 2014
Minutes
HOUSING BOARD OF APPEALS
HEARING NOTICE AND AGENDA
January 15, 2014
CITY HALL
10 N. DIVISION STREET
COMMISSION CHAMBERS
3RD FLOOR – ROOM 301
BATTLE CREEK MI 49014
Call to Order: 1:00pm
Roll Call for Board Members: Anthony Goodman, Stan Chubinski, John Hennink, Ed Harris
Staff Members Present: Dennis McKinley, Code Compliance Administrator, Marcie Gillette,
Neighborhood Services Manager, Lisa Silkworth, Secretary, Tom Engels, Code Officer, Eric Morris,
Senior Code Officer, Jeanette Cook, Senior Code Officer, Jason Francisco, Senior Code Officer,
Elijah Martin, Code Officer
Additions/Deletions to the Agenda: Remove 143 Roseneath
Approval of Minutes: Mr. Goodman made a motion to approve the minutes from the November 20,
2013 meeting seconded by Mr. Hennink.
Old Business:
61 Burr St
Issue#EN13-04971
Code Compliance Officer: Tom Engels
Property owner, not present. Tom Engels, Code Officer, reported the garage has
several exterior violations. Mr. Goodman made motion to affirm the order as it
stands, seconded by Mr. Hennink. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
New Business:
a. 20 N 27th St
Issue#EN13-06549
Code Compliance Officer: Eric Morris
Property owner, Mark Smith, present. Eric Morris, Senior Code Officer, reported
the garage has some exterior violations. Mr. Morris recommended granting 60 to
Housing Board of Appeals
January 15, 2014
Page 2 of 7
90 days to bring it into compliance. Mr. Smith stated the roof needed repairs and
requested until May 2 to make the necessary repairs. Mr. Goodman asked if the
garage was being used and Mr. Harris noted the tolling period for painting. Mr.
Harris made a motion to grant an extension to May 20, 2014 to make all the
repairs necessary, seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Hennink-y Harris-y
b. 71 S 30th St
Issue#EN13-06277
Code Compliance Officer: Eric Morris
Property owner, not present. Eric Morris, Senior Code Officer, noted he had
talked to the property owner. Items were noted during a proactive enforcement.
The property owner is working with a contractor. Mr. Harris made a motion to
affirm the order as it stands due to no property owner present, seconded by Mr.
Hennink. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
c. 36 Greenwood Ave
Issue#EN12-08416
Code Compliance Officer: Jeanette Cook
Property owner, Bettie Robertson, present. Jeanette Cook, Senior Code Officer,
noted the roof is in need of repairs. Ms. Cook recommended granting a 60 day
extension. Ms. Robertson intends on repairing the roof. The first contractor took
her money and now needs an extension. Mr. Goodman asked if she had
information from the first contractor. She also has a few estimates. Ms.
Robertson does not feel it is safe to repair the roof at this time. Mr. Goodman
made a motion to grant a 60 day extension. Not seconded. Mr. Harris made a
new motion to grant a 30 day extension, seconded by Mr. Hennink. Extension
granted.
Goodman-y Chubinski-y Hennink-y Harris-y
d. 143 Roseneath Ave --- REMOVE
Issue#EN13-06421
Code Compliance Officer: Jeanette Cook
Housing Board of Appeals
January 15, 2014
Page 3 of 7
e. 20 Greenwood Ave
Issue#EN13-03752
Code Compliance Officer: Jeanette Cook
Property owner, not present. Elijah Martin noted the house was sold after the
order was written. New owner is aware of the problems. Mr. Goodman made a
motion to affirm the order as it stands due to no owner present, seconded by Mr.
Hennink. Affirmed
Goodman-y Chubinski-y Hennink-y Harris-y
f. 178 W Manchester
Issue#EN13-6036
Code Compliance Officer: Jeanette Cook
Property owner, Corey Bouyer, present. Jeanette Cook reported the violations
were noted as a proactive enforcement. Ms. Cook recommended granting a 30
day extension. Mr. Bouyer does intend to make the repairs and is asking for a
little more time. Mr. Harris made a motion to grant extension to March 18, 2014,
seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Hennink-y Harris-y
g. 15 Echo
Issue#EN13-03907
Code Compliance Officer: Jason Francisco
Property owner, Rosita Garcia, present. Jason Francisco, Senior Code Officer,
noted the violations were discovered during a rental inspection. Mr. Francisco
recommended granting a 30 day extension. Ramon Rangel speaking for Rosita
Garcia, questioned what needed to be corrected. Mr. Francisco noted the shed
needed to be removed or repaired and there was damage to the roof. Mr. Harris
is concerned about the water leaks and water heater repair issues. Mr.
Goodman made a motion to grant a 30 day extension, seconded by Mr. Hennink.
Extension granted.
Goodman-y Chubinski-y Hennink-y Harris-y
Mr. Chubinski made a motion to move 21 Harris up on the agenda, seconded by
Mr. Harris.
Housing Board of Appeals
January 15, 2014
Page 4 of 7
h. 29 Bartlett
Issue#EN13-06069
Code Compliance Officer: Jason Francisco
Property owner, Curtis Grayer, not present. Jason Francisco, Senior Code
Officer, reported the house had violations and the owner had been in contact with
him. Mr. Hennink made a motion to affirm the order as it stands due to no
property owner present, seconded by Mr. Harris. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
i. 21 E Grand Circle Ave
Issue#EN13-05942
Code Compliance Officer: Elijah Martin
Property owner, Daniel Kent, left the meeting early. Elijah Martin, Code Officer,
reported there is repairs and painting to be done. Mr. Martin stated Mr. Kent will
pull a building permit to repair the roof. Mr. Harris made a motion to affirm the
order as written, seconded by Mr. Goodman. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
j. 64 Scenery St
Issue#EN13-06193
Code Compliance Officer: Elijah Martin
Property owner, not present. Elijah Martin, Code Officer, reported there are
several items that need to be corrected. Mr. Goodman made a motion to affirm
the order as written due to no owner present, seconded by Mr. Hennink.
Affirmed
Goodman-y Chubinski-y Hennink-y Harris-y
Housing Board of Appeals
January 15, 2014
Page 5 of 7
k. 175 Winter St
Issue#EN13-06450
Code Compliance Officer: Elijah Martin
Property owner, Theodore Kellogg, present. Elijah Martin, Code Officer, reported
the garage needs to be repaired. Mr. Kellogg stated he has a contract with Ron’s
Roofing to make the necessary repairs. Mr. Kellogg stated there are no leaks
and the tarp is there to prevent the roof from sweating onto his truck that he
parks in the garage. Mr. Kellogg is requesting until April 1st to make repairs. Mr.
Harris is requesting that Ron’s Roofing pull the permit. Mr. Harris made a motion
to grant until February 18, 2014, seconded by Mr. Goodman. Extension Granted.
Goodman-y Chubinski-y Hennink-y Harris-y
l. 447 Orleans
Issue#EN13-06187
Code Compliance Officer: Elijah Martin
Property owner, Patric Westover, present. Elijah Martin, Code Officer, noted
some repairs had been made but couldn’t see the roof. Mr. Westover has made
the repairs. Mr. Harris made a motion to grant until February 18, 2014, seconded
by Mr. Goodman. Extension Granted.
Goodman-y Chubinski-y Hennink-y Harris-y
m. 252 Surby Ave
Issue#EN13-06111
Code Compliance Officer: Elijah Martin
Property owner, not present. Elijah Martin, Code Officer, reported some repairs
have been made but the owner was looking for more time. The owner had come
to the December meeting but it had to be cancelled for lack of quorum. Mr.
Hennink made a motion to affirm the order due to no property owner present,
seconded by Mr. Goodman. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
Housing Board of Appeals
January 15, 2014
Page 6 of 7
n. 21 Harris Ave
Issue#EN13-06649
Code Compliance Officer: Elijah Martin
Property owner, Hureal James Williams, present. Elijah Martin, Code Officer,
reported the fascia, soffit and roof need repaired. Mr. Williams is planning on
fixing the items but needs more time to make the necessary repairs. Mr.
Williams is making the repairs himself and is waiting for better weather. Mr.
Williams is pulling a permit to make the repairs. Mr. Harris explained the permit
requirements. Mr. Harris made a motion to grant an extension to March 18, to
patch the roof and pull a permit for repairs, seconded by Mr. Hennink. Extension
Granted.
Goodman-y Chubinski-y Hennink-y Harris-y
Dangerous Buildings Show Cause Hearings:
a. 51 Hancock Ct
Issue#EN13-04904
Code Compliance Administrator: Dennis McKinley
Property owner, not present. Dennis McKinley, Code Compliance
Administrator, reported the house has been vacant for 180 days,
lacks water service, and lacks property maintenance. Mr.
Goodman made a motion to affirm the findings of the Dangerous
Buildings Board, seconded by Mr. Harris. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
b. 228 South Ave
Issue#EN13-05830
Code Compliance Administrator: Dennis McKinley
Property owner, John Kennifick, present. Dennis McKinley, Code
Compliance Administrator, reported the property lacks maintenance
and has had no water service since January 2013. Mr. McKinley
also noted there is a hole in this structure. The cost of repair is
noted at $66,102 and the SEV is $20,500. Mr. Kennifick discussed
issues with the government. Marcie Gillette, Neighborhood
Services Manager, asked how long the property was in the current
state. Mr. Kennifick did not answer the question. Mr. Kennifick is
Housing Board of Appeals
January 15, 2014
Page 7 of 7
requesting nine months. Mr. McKinley explained the test for
demolition and explained once repairs were made it would most
likely not meet the test for demolition. Mr. Goodman made a
motion to approve the findings of the Dangerous Building Board,
seconded by Mr. Harris. Affirmed.
Goodman-y Chubinski-y Hennink-y Harris-y
Public Comments: Mr. Smith questioned if building codes were available on line. Mr. Harris noted
there is a book available for the public to view.
Board and Staff Members Comments: Mr. Goodman stated he found it beneficial to know how the
violations were generated.
Adjournment: 2:28pm
The City of Battle Creek will provide necessary reasonable auxiliary aids and services, such as
signers for the hearing impaired and audiotapes of printed materials being considered in the meeting
upon reasonable notice to the City of Battle Creek. Individuals with disabilities requiring auxiliary aids
or services should contact the City of Battle Creek by writing or calling the following:
Vicki Houser, City Clerk
10 N. Division Street
Battle Creek, Michigan 49014
(269) 966-3348/Voice/TDD
/lms
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