Board of Appeals

HOUSING BOARD OF APPEALS HEARING MINUTES May 21, 2014 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:02pm Roll Call for Board Members: Stan Chubinski, Tony Goodman, Ed Harris, John Hennink Staff Members Present: Lisa Silkworth, Secretary; Dennis McKinley, Code Compliance Administrator; Marcie Gillette, Neighborhood Services Manager, Tom Engels, Code Officer; Jeanette Cook, Senior Code Officer; Eric Morris, Senior Code Officer; Elijah Martin, Code Officer; Todd Nowicki, Senior Code Officer Additions/Deletions to the Agenda: Remove: 7 Echo, 181 W Bidwell, 386 Cliff, 115 W Bidwell, 22 Jericho, 160 Battle Creek, 54 Burnham Approval of Minutes: Mr. Goodman made a motion to approve the minutes, seconded by Mr. Harris. Minutes approved. Old Business: none Dangerous Buildings Show Cause Hearings: a. 56 Cliff(House) Issue#EN14-07690 Code Compliance Administrator: Dennis McKinley Property owner, not present. Don Wilkinson, Building Inspector, noted the house was condemned and is need of major repairs. The house is also lacking all utilities. Mr. Wilkinson recommended moving it through the process. Mr. Goodman made a motion to affirm it as a dangerous building and move it through the process, seconded by Mr. Hennink. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y b. 32 Frisbie (House) Issue#EN14-04935 Code Compliance Administrator: Dennis McKinley Housing Board of Appeals May 21, 2014 Page 2 of 11 Property owner, not present. Don Wilkinson, Building Inspector, noted the house was condemned and damaged by fire. Mr. Wilkinson recommended moving it through the process. Mr. Wilkinson also noted the property is now owned by Calhoun County Treasurer. Mr. Hennink made a motion to affirm it as a dangerous building and move it through the process, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y c. 17 Magner (House) Issue#EN14-00416 Code Compliance Administrator: Dennis McKinley Property owner, Ricky Lees, present. Don Wilkinson, Building Inspector, noted the house was damaged by fire. Mr. Wilkinson recommended moving it through the process. Mr. Lees stated he had problems with his insurance company. Mr. Lees has a contractor but the contractor is busy on other projects. Mr. Chubinski confirmed there is fire escrow on hold with the City of Battle Creek. Mr. Goodman made a motion to affirm it as a dangerous building and move it through the process, seconded by Mr. Harris. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y d. 203 N Wood (House) Issue#EN14-03714 Code Compliance Administrator: Dennis McKinley Property owner, not present. Don Wilkinson, Building Inspector, noted the house was condemned and damaged by fire. Mr. Wilkinson recommended moving it through the process. Mr. Wilkinson also noted the property is now owned by Calhoun County Treasurer. Mr. Hennink made a motion to affirm it as a dangerous building and move it through the process, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y Housing Board of Appeals May 21, 2014 Page 3 of 11 New Business: a. 60 S 24th Issue#EN13-06542 Code Compliance Officer: Eric Morris Property owner, not present. Eric Morris, Senior Code Officer, reported the house had some exterior issues noted during the property survey. Mr. Morris noted most of the work was done and had been in contact with the owner and the owner plans to be done this weekend. Mr. Morris recommended affirming the order as it stands. Mr. Harris made a motion to affirm the order as written, seconded by Mr. Goodman. Affirmed as written. Goodman-y Chubinski-y Hennink-y Harris-y b. 86 Oaklawn Ave Issue#EN13-06034 Code Compliance Officer: Jeanette Cook Property owner, Linda Brown, present. Jeanette Cook, Senior Code Officer, noted the house has several violations that are in need of repair. Ms. Cook also noted the house is large and recommended granting to August 1st. Ms. Brown noted she had a contractor who walked away and just needs more time to complete the repairs. Mr. Harris made a motion to grant until July 15, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y c. 118 Sommerset Issue#EN14-00353 Code Compliance Officer: Jeanette Cook Property owner, Fetina Hopkins, present. Jeanette Cook, Senior Code Officer, reported the house was inspected in January and some repairs have been made but all of the repairs have not been completed. Ms. Hopkins needs a little more time to fix the roof. Mr. Goodman made a motion to grant an extension to July 15, 2014, seconded by Mr. Hennink. Extension granted. Housing Board of Appeals May 21, 2014 Page 4 of 11 Goodman-y Chubinski-y Hennink-y Harris-y d. 32 Chestnut Issue#EN14-00378 Code Compliance Officer: Todd Nowicki Property owner, James Wallace, present. Todd Nowicki, Senior Code Officer, reported the house has exterior violations and also noted it is a very large house. Mr. Wallace stated he is trying to get it all painted but it is a large job. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Hennink. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y e. 39 Anderson Issue#EN14-01378 Code Compliance Officer: Todd Nowicki Property owner, Thomas Burton, present. Todd Nowicki, Senior Code Officer reported the violations were discovered during a property survey. Mr. Nowicki stated he had been in contact with the owner and the owner has had plans to paint it. Mr. Burton stated he has received a letter from CityLinc stating they will help him paint it. Mr. Harris made a motion to grant an extension to June 17, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y f. 156 Cherry St Issue#EN14-00908 Code Compliance Officer: Todd Nowicki Property owner, Dan Russell, present. Todd Nowicki, Senior Code Officer, reported the exterior violations were discovered during a property survey. Mr. Russell stated has plans to install new siding and he has Midwest roofing scheduled to replace fascia and soffit. Mr. Russell requested more time, he stated he cannot afford to side it and fix the roof at the same time. Mr. Nowicki recommended a 90 day extension. Mr. Goodman Housing Board of Appeals May 21, 2014 Page 5 of 11 made a motion to grant an extension to August 19, 2014, seconded by Mr. Hennink. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y g. 48 S McKinley Issue#EN14-01833 Code Compliance Officer: Todd Nowicki Property owner, Kristin Hirlemann, present. Todd Nowicki, Senior Code Officer, reported the exterior issues were noted during a property survey. There were minor corrections noted on the house but the garage is the main concern. Mr. Nowicki recommended a 30 day extension. Ms. Hirlemann noted that her son was on title with them and he recently passed away. Ms. Hirlemann noted some scrapping had been done. Ms. Hirlemann is requesting an extension to September. Mr. Harris made a motion to grant an extension to July 15, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y h. 31 Elm St Issue#EN14-01398 Code Compliance Officer: Todd Nowicki Property owner, not present. Goodman-y Chubinski-y Hennink-y Harris-y i. 482 Cliff St Issue#EN14-03021 Code Compliance Officer: Jason Francisco Property owner, Linda Wilder for Laura Cash, present. Marcie Gillette, Neighborhood Services Manager, reported the violations were discovered during a property survey. Ms. Wilder stated her daughter is looking for a 30 to 60 day extension. Mr.,. Harris made a motion to grant an extension to June 16, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y Housing Board of Appeals May 21, 2014 Page 6 of 11 j. 390 Elm St Issue#EN14-03117 Code Compliance Officer: Jason Francisco Property owner, Tracy Stein, present. Marcie Gillette, Neighborhood Services Manager, reported the violations were discovered during a property survey. Ms. Stein requested until July 15th to make the repairs. Mr. Goodman made a motion to grant an extension to July 15, 2014, seconded by Mr. Harris. Goodman-y Chubinski-y Hennink-y Harris-n k. 37 W Bidwell Issue#EN14-01343 Code Compliance Officer: Elijah Martin Property owner, Matthew Riley, present. Elijah Martin, Code Officer, reported the exterior violations were noted during a property survey. Mr. Martin recommended affirming the order as written. Mr. Riley stated he has scrapped the whole porch. Mr. Riley noted most windows are wrapped and he has the materials to finish wrapping the remaining windows but needs more time. Mr. Martin clarified Mr. Riley’s time frame. Mr. Riley requested 30 days. Mr. Harris made a motion to grant an extension to June17, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y l. 44 W Bidwell Issue#EN14-01347 Code Compliance Officer: Elijah Martin Property owner, not present. Elijah Martin, Code Officer, reported most of the work has been done and since there is no owner present. Mr. Goodman made a motion to affirm the order as written, seconded by Mr. Harris. Affirmed. Goodman-y Chubinski-y Hennink-y Harris-y Housing Board of Appeals May 21, 2014 Page 7 of 11 m. 120 W Bidwell Issue#EN14-01424 Code Compliance Officer: Elijah Martin Property owner, Lisa May, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Ms. May requested a 2 weeks extension due to weather. Mr. Harris made a motion to grant an extension to June 17, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y n. 127 W Bidwell Issue#EN14-01431 Code Compliance Officer: Elijah Martin Property owner, Kimberly Rogers, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey and some scrapping and painting has been done. Ms. Rogers is requesting an extension and has contacted a few places for help. Mr. Harris made a motion to grant an extension to July 15, 2014, seconded by Mr. Hennink. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y o. 184 W Bidwell Issue#EN14-01631 Code Compliance Officer: Elijah Martin Property owner, Michelle and Shannon Woodard, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Ms. Woodard stated she has scrapped some of the wood trim but she has medical issues and her husband has back injuries. Ms. Woodard requested more time. Mr. Martin clarified the time frame in which the owners can make repairs. Ms. Woodard stated 60 days. Mr. Goodman made a motion to grant an extension to July 15, 2014, seconded by Mr. Harris. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y Housing Board of Appeals May 21, 2014 Page 8 of 11 p. 29 S Beckman Ave Issue#EN14-01314 Code Compliance Officer: Elijah Martin Property owner, Richard Burton, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. Burton is only requesting until the end of May. 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 q. 42 Battle Creek Ave Issue#EN14-00932 Code Compliance Officer: Elijah Martin Property owner, not present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. Martin recommended affirming the order as written due to a no 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 r. 85 Battle Creek Ave Issue#EN14-14650 Code Compliance Officer: Elijah Martin Property owner, Marion Ramos, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. Martin also noted the house was rented with no permits. Mr. Ramos requested 90 days. Mr. Ramos stated there are interior and exterior repairs that need to be completed. Mr. Ramos stated the house is empty at this time. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Chubinski. Extension granted. Goodman-y Chubinski-y Hennink-n Harris-y Housing Board of Appeals May 21, 2014 Page 9 of 11 s. 105 Battle Creek Ave Issue#EN14-01090 Code Compliance Officer: Elijah Martin Property owner, James VanderMel, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. VanderMel stated he needs more time due to the size of the house. Mr. VanderMel noted he will paint the entire house. Mr. VanderMel requested 120 days. Ms. Gillette clarified the ordinance and the time extension granted. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Harris. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y t. 47 Arthur St Issue#EN14-00833 Code Compliance Officer: Elijah Martin Property owner, Sherrie Dreams, present. Elijah Martin, Code Officer, reported the exterior issues were noted during an inspection and that there is a lot work painting to do. Ms. Dreams noted the roof has been repaired. Ms. Dreams stated she needed more time to complete the rest of the painting. Mr. Harris made a motion to grant an extension to June 17, 2014, seconded by Mr. Hennink. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y u. 51 Arthur Issue#EN14-00836 Code Compliance Officer: Elijah Martin Property owner, Larry Brew, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. Martin noted he has spoken with the owner and the owner was looking for 30 days. Mr. Brew has a contract with CS Roofing. 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 Housing Board of Appeals May 21, 2014 Page 10 of 11 v. 72 Eldred Issue#EN13-05785 Code Compliance Officer: Elijah Martin Property owner, Atty. Bob Sharkey representing Monte Herford, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. Martin noted there was a story behind who the owner is and people are illegally living in the house. Atty. Sharkey stated there is an eviction in progress and is requesting more time for the eviction to take place. The owner is looking to make repairs. Atty. Sharkey stated there are several interior violations. Mr. Harris made a motion to grant an extension to August 19, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y w. 128 N LaVista Blvd Issue#EN13-05947 Code Compliance Officer: Elijah Martin Property owner, Thomas Campbell, present. Elijah Martin, Code Officer, reported the violations were noted while driving through the neighborhood. Mr. Campbell requested more time. Mr. Campbell plans on power washing and painting the house and also hopes to fix the roof. Mr. Campbell has vacation at the end of June and plans to make the corrections at that time. Mr. Harris made a motion to grant an extension until July 15, 2014, seconded by Mr. Goodman. Goodman-y Chubinski-y Hennink-y Harris-y x. 54 W Burnham Issue#EN14-02526 Code Compliance Officer: Elijah Martin Remove Housing Board of Appeals May 21, 2014 Page 11 of 11 y. 55 W Burnham Issue#EN14-02527 Code Compliance Officer: Elijah Martin Property owner, Timothy Mario, present. Elijah Martin, Code Officer, reported the violations were noted during a property survey. Mr. Mario has made some repairs and has the hand rail in his truck. Mr. Mario reported he still has some scrapping to do and plans to make all the corrections including the roof. Mr. Mario is looking for extension due to lack of funds as he is on disability. Mr. Mario requested a 90 day extension. Mr. Chubinski a motion to grant an extension to July 17, 2014, seconded by Mr. Hennink. Extension granted. Goodman-y Chubinski-y Hennink-y Harris-y Public Comments: Mya from Voces spoke about being a translator for citizens in the community and helping them understand the letter. Ms. Gillette explained the order to repair process. Discussion ensued. Board and Staff Members Comments: Mr. Chubinski clarified the HBA Board terms. Adjournment: 3:20pm 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