Board of Appeals

HOUSING BOARD OF APPEALS HEARING MINUTES February 19, 2014 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:07pm Roll Call for Board Members: Anthony Goodman, Stan Chubinski, Ed Harris Staff Members Present: Dennis McKinley, Code Compliance Administrator; Lisa Silkworth, Secretary; Marcie Gillette, Neighborhood Services Manager; Don Wilkinson, Building Inspector; Eric Morris, Senior Code Officer; Elijah Martin, Code Officer; Jason Francisco, Senior Code Officer Additions/Deletions to the Agenda: Removed 56 S East Ave, 178 Frances Dr Approval of Minutes: Mr. Goodman made a motion to approve the minutes from the January 22, 2014, seconded by Mr. Harris. Approved. Goodman-y Chubinski-y Harris-y Old Business: none New Business: a. 178 Frances Dr Issue#EN13-06347 Code Compliance Officer: Jeanette Cook REMOVED b. 56 S East Ave Issue#EN13-06289 Code Compliance Officer: Todd Nowicki REMOVED Housing Board of Appeals February 19, 2014 Page 2 of 7 c. 80 Piper Ave Issue#EN13-06841 Code Compliance Officer: Todd Nowicki Property Owner, Eric Phillips, present. Marcie Gillette, Neighborhood Services Manager, reported the appeal was to verify the proper rental processes have occurred. The property was solicited after the Fire Department noted, after a fire, the tenant stated the landlord was Eric Phillips. Mr. Phillips stated no one pays rent, his daughter lives there with her grandmother. Ms. Gillette explains the rental ordinance. Mr. Phillips disagrees with the ordinance. Mr. Harris made a motion to affirm the order as written, seconded by Mr. Goodman. Approved. Goodman-y Chubinski-y Harris-y d. 107 S 28th St Issue#EN14-00171 Code Compliance Officer: Eric Morris Property Owner, Trevor Love, present. Eric Morris, Senior Code Officer, reported the property has some code issues on the property. Mr. Morris noted the roof needed repair, missing house numbers, and some other exterior violations. Mr. Love stated it is a rental property but he needed a little more time due to the weather to make the exterior repairs. Mr. Love is requesting an August deadline. Mr. Morris recommended an additional thirty days to bring it into compliance. Mr. Harris made a motion to amend the order and grant an extension to July 15, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Harris-y e. 60 N Cedar Ave. Issue#EN14-00237 Code Compliance Officer: Eric Morris Property Owner, Tonia Bennett, present. Eric Morris, Senior Code Officer, reported the property was a proactive enforcement cited for the tarp on the roof. Ms. Bennett sent a letter with her appeal notice. Ms. Bennett put the tarp up as a preventative measure when she noticed a couple of leaks. Ms. Bennett is seeking some assistance to make the permanent repairs. Ms. Bennett asked for an extension to the end of June. Ms. Bennett has every intention to repair the roof. Mr. Chubinski stated a quote will be Housing Board of Appeals February 19, 2014 Page 3 of 7 needed for assistance. Mr. Chubinski made a motion to grant an extension to June 17, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Harris-y f. 169 Battle Creek Ave Issue#EN13-06787 Code Compliance Officer: Elijah Martin Property Owner, James Parlier, present. Elijah Martin, Code Officer, reported the property had exterior violations and some roof issues. Mr. Parlier requested an extension to mid-May. Mr. Harris made a motion to grant an extension to May 20, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Harris-y g. 39 LaSalle Issue#EN13-06785 Code Compliance Officer: Elijah Martin Property Owner, not present. Elijah Martin, Code Officer, reported the house has violations with the roof. Mr. Martin noted there has been a roof permit pulled. Ms. Gillette explained the repair time versus the permit time. Mr. Goodman made a motion to affirm the order as written, seconded by Mr. Harris. Affirmed. Goodman-y Chubinski-y Harris-y h. 57 Euclid Ave Issue#EN13-05359 Code Compliance Officer: Jason Francisco Property Owner, not present. Jason Francisco, Senior Code Officer, reported he has not had contact with the owner and no progress has been made as of yet. Mr. Chubinski made a motion to affirm the order as written, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Harris-y Housing Board of Appeals February 19, 2014 Page 4 of 7 i. 10 Rambling Lane (The Arbors) Issue#EN13-06065 Code Compliance Officer: Jason Francisco Property Owner, Candy King, District Manager, present. Jason Francisco, Senior Code Officer, reported the violations were found during a rental registration renewal. Mr. Francisco recommends granting a ninety day extension. Mr. Francisco noted some repairs have been made but they have many units still to repair. Ms. King has provided a binder full of work orders and estimates of the work to be done. Mr. Harris made a motion to grant an extension to May 20, 2014, seconded by Mr. Goodman. Extension Granted. Goodman-y Chubinski-y Harris-y Dangerous Buildings Show Cause Hearings: a. 627 Capital Ave NE (House) Issue#EN13-06138 Code Compliance Administrator: Dennis McKinley Property Owner, not present. Dennis McKinley, Code Compliance Administrator, reported the house has had two lead surveys done and the house was deemed unlivable. Mr. McKinley recommends affirming it as a dangerous building and letting it move through the process. Mr. Harris made a motion to affirm it as a dangerous building and continue it through the process, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Harris-y Housing Board of Appeals February 19, 2014 Page 5 of 7 b. 93 Grenville (House) Issue#EN13-06237 Code Compliance Administrator: Dennis McKinley Property Owner, not present. Don Wilkinson, Building Inspector, reported the house is vacant and has no water service. Mr. Wilkinson stated the cost estimate of repair exceeded the SEV. Mr. McKinley recommends affirming it as a dangerous building and letting it move through the process. Mr. Chubinski made a motion to affirm it as a dangerous building, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Harris-y c. 172 W Manchester (House) Issue#EN13-04904 Code Compliance Administrator: Dennis McKinley Property Owner, not present. Don Wilkinson, Building Inspector, reported the house is vacant and has no water service. Mr. Wilkinson stated the cost estimate of repair exceeded the SEV. Mr. McKinley recommends affirming it as a dangerous building and letting it move through the process. Mr. Goodman made a motion to affirm it as a dangerous building, seconded by Mr. Chubinski. Affirmed. Goodman-y Chubinski-y Harris-y Housing Board of Appeals February 19, 2014 Page 6 of 7 d. 225 W Michigan Ave (Commercial) Issue#EN14-00060 Code Compliance Administrator: Dennis McKinley Property Owner, Kelly DeMoss and Attorney Aaron Bartell, present. Aaron Bartell, Attorney for Ms. DeMoss, stated the property is secured and the there is an ongoing police investigation. Ms. DeMoss is requesting a six month extension. Don Wilkinson, building inspector, reported the building was heavily damaged by fire and the cost estimate of repair exceeds the SEV. Mr. Bartell states her due process rights may be violated since she cannot get into the building to determine whether or not it is a dangerous building. Mr. McKinley explained the dangerous building ordinance and what happens to the property when it is in the process. Mr. Bartell is requesting information on what ordinance the city is relying on to affirm it as a dangerous building and what evidence the city has to base our decision. Mr. Harris questioned when they received the noticed. Mr. McKinley reiterated the dangerous building requirements. The attorney stands by his violations of his clients’ due process. Mr. Wilkinson asked if the property owner has an architect, Mr. Bartell stated she did not. Mr. Chubinski made a motion to affirm it as a dangerous building, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Harris-y Public Comments: none Board and Staff Members Comments: none Adjournment: 2:25pm 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 Housing Board of Appeals February 19, 2014 Page 7 of 7 /lms