Board of Appeals

HOUSING BOARD OF APPEALS HEARING NOTICE AND AGENDA April 16, 2014 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:05pm Roll Call for Board Members: Stan Chubinski, Tony Goodman, John Hennink, Ed Harris Staff Members Present: Tom Engels, Code Officer; Jason Francisco, Senior Code Officer; Eric Morris, Senior Code Officer; Jeanette Cook, Senior Code Officer; Elijah Martin, Code Officer Additions/Deletions to the Agenda: Remove 106 Battle Creek Ave Approval of Minutes: Mr. Harris made a motion to approve the minutes from the March 19, 2014 meeting, seconded by Mr. Goodman. Approved. Old Business: none New Business: a. 32 Chestnut Issue#EN14-00378 Code Compliance Officer: Todd Nowicki Property owner, not present. Tom Engels, Code Officer, recommended affirming the order as written due to no owner present. Mr. Harris made a motion to affirm the order, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y b. 47 Kimber Issue#EN11-00594 Code Compliance Officer: Eric Morris Property owner, Vondella and Dan Strowbridge, present. Eric Morris, Senior Code Officer, reported the exterior violations had not been corrected. Mr. Morris also noted there was some foundation issues. Mr. Morris recommended granting a 30 day extension. Mr. Strowbridge stated there are additional issues regarding the retaining wall that also needs Housing Board of Appeals April 16, 2014 Page 2 of 7 repairs. Mr. Strowbridge is requesting at least 60 days. Mr. Strowbridge has 2 estimates. Mr. Harris clarified a building permit may be required for the retaining wall repairs. Don Wilkinson, Building Inspector, clarified the building permit requirements. Mr. Goodman made a motion to grant an extension to June 17, 2014, seconded by Mr. Harris. Extension Granted. Goodman-y Chubinski-y Hennink-y Harris-y c. 132 S Lincoln Blvd Issue#EN13-06009 Code Compliance Officer: Jeanette Cook Property owner, Edgar Torres, present. Jeanette Cook, Senior Code Officer, reported the exterior violations were discovered during a pro- active inspection. Ms. Cook recommended a 30 day extension. Mr. Torres is requesting additional time to paint the entire house. Ms. Cook noted only the peeling surfaces require paint. Mr. Harris made a motion to grant until June 17, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y d. 30 E Northside Dr Issue#EN14-10489 Code Compliance Officer: Jeanette Cook Property owner, Tommy James Moore, present. Marcie Gillette, Neighborhood Services Manager, reported the appeal is for an order to vacate and the house is not owner occupied. Ms. Gillette stated the house does need to be registered as a rental. Mr. Moore stated he stayed there with his sister and then she moved out of state. It is his sister’s house. Mr. Chubinski clarified when a property is not owner occupied it needs to be a registered rental. Ms. Gillette clarified the dates of compliance for the rental registration. Mr. Chubinski made a motion to affirm the order as written, seconded by Mr. Hennink. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y Housing Board of Appeals April 16, 2014 Page 3 of 7 e. 669 E Van Buren Issue#EN14-00351 Code Compliance Officer: Jeanette Cook Property owner, Robert Williams, present. Jeanette Cook, Senior Code Officer, reported the inspection was conducted in January where exterior violations were spotted. Ms. Cook recommended a 60 day extension. Mr. Williams stated he is not sure if he is the owner. Mr. Williams also wanted clarification on the repairs needed. Mr. Williams stated he does occupy the property. Mr. Harris made a motion to grant until June 17, 2014, seconded by Mr. Goodman. Extension Granted. Goodman-y Chubinski-y Hennink-y Harris-y f. 72 Baker Ct Issue#EN14-04691 Code Compliance Officer: Elijah Martin Property owner, Michael Dugan, present. Elijah Martin, Code Officer, reported there were several violations both interior and exterior. Mr. Martin noted the repairs did not seem to be a health or safety issue. Mr. Dugan stated the tenants were supposed to be out of the house and he and his wife are making the repairs. Mr. Dugan is requesting until June to make the repairs. Mr. Harris made a motion to grant until June 17, 2014, seconded by Mr. Mr. Hennink. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y g. 106 Battle Creek Issue#EN14-01091 Code Compliance Officer: Elijah Martin REMOVED h. 402 Surby Issue#EN14-16342 Code Compliance Officer: Elijah Martin Property owner, Robert Selinger, present. Elijah Martin, Code Officer, reported there was a tarp on the roof and some other exterior violations. Mr. Selinger is requesting until June to make the repairs. Mr. Selinger needs more time due to finances. Mr. Selinger has already scraped the Housing Board of Appeals April 16, 2014 Page 4 of 7 peeling paint and will have it painted soon. Mr. Harris asked about the estimate and if it would be stripped. Mr. Harris made a motion to grant until June 17, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y i. 119 Lathrop Ave Issue#EN14-06386 Code Compliance Officer: Jason Francisco Property owner, not present. Jason Francisco, Senior Code Officer, reported the issue was a tree in the backyard that needs to be removed. Mr. Francisco recommended affirming the order as written due to no property owner present. Mr. Goodman made a motion to affirm the order as written, seconded by Mr. Hennink. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y j. 15 Massachusetts Issue#EN14-03677 Code Compliance Officer: Jason Francisco Property owner, Angela Smith, present. Jason Francisco, Senior Code Officer, reported there are several violations both inside and out were discovered during a police call to the property. Mr. Francisco noted all four permits are going to be required. Mr. Francisco noted no permits have been pulled at this time. Ms. Smith stated many of the violations were there when she purchased the property. Ms. Smith noted she is a single mother and has limited resources. Ms. Smith is requesting an extension of 60 to 90 days. Mr. Harris clarified the permit process and what is required. Ms. Smith is seeking assistance. Ms. Gillette explained the assistance programs the City has in place. Ms. Smith has lived in the property since 2012. Mr. Francisco recommended only granting a 30 day extension. Ms. Smith noted again that she is seeking assistance. Mr. Wilkinson noted there would be an upcoming court case. Mr. Goodman made motion to affirm the order as written, seconded by Mr. Harris. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y Housing Board of Appeals April 16, 2014 Page 5 of 7 Dangerous Buildings Show Cause Hearings: a. 292 Capital Ave SW (House) Issue#EN14-00696 Code Compliance Administrator: Dennis McKinley Property owner, Wesley Hummel, present. Don Wilkinson, Building Inspector, noted the property was heavily damaged by fire. Mr. Hummel stated he has secured a contractor for the demolition of the property. Mr. Hummel handed Mr. Wilkinson a letter from the demolition company. Mr. Harris made a motion to affirm it as a dangerous building, seconded by Mr. Hennink. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y b. 202 Main Street (Commercial) Issue#EN14-00161 Code Compliance Administrator: Dennis McKinley Property owner, not present. Mr. Harris made a motion to affirm it as a dangerous building due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y c. 43 N McKinley (House) Issue#EN14-00390 Code Compliance Administrator: Dennis McKinley Property owner, not present. Mr. Harris made a motion to affirm it as a dangerous building due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y d. 390 E Michigan Ave (Commercial) Issue#EN14-00162 Code Compliance Administrator: Dennis McKinley Housing Board of Appeals April 16, 2014 Page 6 of 7 Property owner, not present. Mr. Harris made a motion to affirm it as a dangerous building due to no owner present, seconded by Mr. Hennink. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y e. 22 Summer (House) Issue#EN14-00348 Code Compliance Administrator: Dennis McKinley Property owner, Frank Mosher, present. Don Wilkinson, Building Inspector, reported the property was heavily damaged by fire and the City does have fire escrow funds from the insurance company. Mr. Mosher stated his intention to demolish the property. Mr. Harris made a motion to affirm it as a dangerous building, seconded by Mr. Goodman. Affirmed Goodman-y Chubinski-y Hennink-y Harris-y f. 893 W Territorial (Commercial) Issue#EN14-00085 Code Compliance Administrator: Dennis McKinley Property owner, Cynthia Fadel, present. Don Wilkinson, reported the property is vacant and has been boarded up. Ms. Fadel stated she had not received the previous letters. Ms. Fadel is trying to get the property re-zoned to commercial. Ms. Fadel stated she has been told the property is currently zoned residential. Ms. Fadel hopes to open a car lot on the property. Ms. Fadel is starting the process for a special use permit for a car lot. Mr. Wilkinson explained the dangerous building process. Mr. Harris made a motion to affirm it as a dangerous building, seconded by Mr. Hennink. Affirmed. Goodman-n Chubinski-y Hennink-y Harris-y Public Comments: none Board and Staff Members Comments: Mr. Harris is explained the Dangerous Building Boards Adjournment: 2:40pm Housing Board of Appeals April 16, 2014 Page 7 of 7 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