Board of Appeals

HOUSING BOARD OF APPEALS HEARING MINUTES June 18, 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: Tony Goodman, Stan Chubinksi, Robert Whitfield, and Ed Harris Staff Members Present: Jason Francisco, Senior Code Officer; Eric Morris, Senior Code Officer; Jeanette Cook, Senior Code Officer; Elijah Martin, Code officer; Todd Nowicki, Senior Code Officer; Don Wilkinson, Building Inspector; Dennis McKinley, Code Compliance Administrator; Marcie Gillette, Neighbor Services Manager; Lisa Silkworth, Secretary Additions/Deletions to the Agenda: 135 McKinley, 17 N 20th, 130 Battle Creek, 25 Blair, 272 Burnham, 100 Burr, 108 Burnham, 136 Burnham, 138 Bidwell to be removed Approval of Minutes: Mr. Goodman made a motion to affirm the minutes from the May 21, 2014 HBA meeting, seconded by Mr. Harris. Approved. Old Business: none Dangerous Buildings Show Cause Hearings: a. 89 Euclid (House) Issue#EN13-03956 Code Compliance Administrator: Dennis McKinley Property Owner, Ramon Rangel, present. Mr. Rangel noted the house has been foreclosed on for back taxes by Calhoun County. Mr. Harris made a motion to affirm the findings of the Dangerous Building Board, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y b. 135 N McKinley (House) Issue#EN14-17076 Code Compliance Administrator: Dennis McKinley REMOVED Housing Board of Appeals June 18, 2014 Page 2 of 15 c. 428 Upton (House) Issue#EN14-13214 Code Compliance Administrator: Dennis McKinley Property Owner, Tim Ruddock II, present. Don Wilkinson, Building Inspector, reported the house needs approx. $57,000 in repairs. Mr. Ruddock stated he intends to make all the corrections necessary. Mr. Harris made a motion to affirm the findings of the Dangerous Building Board, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y d. 260 N Wood (House) Issue#EN14-12334 Code Compliance Administrator: Dennis McKinley Property Owner, not present. Mr. Harris made a motion to affirm the findings of the Dangerous Building Board, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y New Business: a. 17 N 20th Issue#EN14-00811 Code Compliance Officer: Eric Morris REMOVED b. 55 Myrtle Issue#EN14-08765 Code Compliance Officer: Eric Morris Property Owner, not present. Eric Morris, Senior Code Officer, noted the house was brought into compliance. Mr. Harris made a motion to affirm the order as written, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y Housing Board of Appeals June 18, 2014 Page 3 of 15 c. 124 Barney Blvd Issue#EN14-03630 Code Compliance Officer: Eric Morris Property Owner, Pamela Browning, present. Eric Morris, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Browning has a land contract on the property and has cleaned up the yard. Ms. Browning requested more time due to her husband’s medical problems. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y d. 72 S Bedford Issue#EN14-03932 Code Compliance Officer: Eric Morris Property Owner, Carolyn Crapo, present. Eric Morris, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Crapo is requested a 30 day extension. Mr. Harris made a motion to grant an extension to July 15, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y e. 34 Burdge Issue#EN14-17071 Code Compliance Officer: Jason Francisco Property Owner, James Tidwell for Cindy Blair, present. Jason Francisco, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Tidwell stated his mother is actively trying to repair the house. Mr. Tidwell requested a 60 day extension. Mr. Whitfield made a motion to grant an extension to August 19, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y Housing Board of Appeals June 18, 2014 Page 4 of 15 f. 50 Burdge Issue#EN14-17110 Code Compliance Officer: Jason Francisco Property Owner, Sherril Bailey, present. Jason Francisco, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Bailey stated she has a letter for assistance with painting the house but requested additional time for the assistance to come through. The assistance will take a couple of weeks to come and inspect her home. Mr. Francisco recommended granting a 30 day extension. Mr. Whitfield made a motion to grant until July 15, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y g. 17 Douglas Issue#EN14-03053 Code Compliance Officer: Jason Francisco Property Owner, Jason Wilson, present. Jason Francisco, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Francisco noted they owners had tried to get assistance but they were turned down due to back taxes. Mr. Wilson stated they need more time to find other assistance. Mr. Wilson requested 90 days. Mr. Chubinski made a motion to grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y h. 91 W Fountain Issue#EN13-06637 Code Compliance Officer: Jason Francisco Property Owner, not present. Mr. Goodman made a motion to affirm the order as written due to no owner present, seconded by Mr. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y Housing Board of Appeals June 18, 2014 Page 5 of 15 i. 71 Latta Issue#EN13-06562 Code Compliance Officer: Todd Nowicki Property Owner, not present. Mr. Chubinski made a motion to affirm the order as written due to no owner present, seconded by Mr. Harris. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y j. 37 N East Ave Issue#EN14-06608 Code Compliance Officer: Todd Nowicki Property Owner, not present. Mr. Harris made a motion to affirm the order as written due to no owner present, seconded by Mr. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y k. 38 College Issue#EN14-04711 Code Compliance Officer: Todd Nowicki Property Owner, not present. Mr. Goodman made a motion to affirm the order as written due to no owner present, seconded by Mr. Harris. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y l. 98 College Issue#EN14-04710 Code Compliance Officer: Todd Nowicki Property Owner, Edward Green, present. Todd Nowicki, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Nowicki noted no progress as of yet. Mr. Green stated work has started on the property. Mr. Green requested 30 days. Mr. Harris made a motion to grant an extension to July 15, 2014, seconded by Mr. Goodman. Extension granted. Housing Board of Appeals June 18, 2014 Page 6 of 15 Goodman-y Chubinski-y Whitfield-y Harris-y m. 31 Orchard Pl Issue#EN14-08846 Code Compliance Officer: Todd Nowicki Property Owner, Charmaine Bynum, present. Todd Nowicki, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Nowicki stated Ms. Bynum is seeking assistance and stated some needed repairs were completed. Mr. Harris made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y n. 36 Orchard Pl Issue#EN14-08848 Code Compliance Officer: Todd Nowicki Property Owner, John Hennink, present. Todd Nowicki, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Hennink read a statement aloud. Mr. Hennink contends the materials used are all treated materials and excluded from violations. Mr. Hennink stated the garage has been redone. Mr. Hennink wants the violation reversed. Mr. Hennink stated he is peeling the paint as it flakes off. Mr. Whitfield made a motion to affirm the order as written, seconded by Mr. Goodman. Ms. Gillette clarified that the order requires Mr. Hennink to scrap the surfaces that are weather resistant and repaint the surfaces that are not weather resistant.. Mr. Whitfield amended his motion to grant until August 19, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y o. 13 Bryant Issue#EN14-06237 Code Compliance Officer: Todd Nowicki Housing Board of Appeals June 18, 2014 Page 7 of 15 Property Owner, not present. Mr. Chubinski made a motion to affirm the order as written due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y p. 57 Graves Ave Issue#EN14-12132 Code Compliance Officer: Jeanette Cook Property Owner, Delaney Bradley, present. Jeanette Cook, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Bradley requested a 30 day extension. Mr. Goodman made a motion to grant an extension to July 15, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y q. 105 Grand Ave Issue#EN14-12249 Code Compliance Officer: Jeanette Cook Property Owner, Richard Stanley, present. Jeanette Cook, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Stanley requested a 30 day extension. Mr. Harris made a motion to grant until July 15, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y r. 123 Ann Ave Issue#EN14-00666 Code Compliance Officer: Jeanette Cook Property Owner, deNiece King, present. Jeanette Cook, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. King stated some work has been completed but the garage still needs work. Ms. Cook recommended a 60 day extension. Mr. Harris made a motion to Housing Board of Appeals June 18, 2014 Page 8 of 15 grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y s. 152 Ann Ave Issue#EN14-00675 Code Compliance Officer: Jeanette Cook Property Owner, not present. Mr. Goodman made a motion to affirm the order as written due to no owner present, seconded by Mr. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y t. 45 Baldwin Issue#EN14-01261 Code Compliance Officer: Jeanette Cook Property Owner, Brian Bucklin, present. Jeanette Cook, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Bucklin requested a 60 day extension. Mr. Chubinski made a motion to grant an extension to August 19, 2014, seconded by MR. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y u. 124 Somerset Issue#EN14-00352 Code Compliance Officer: Jeanette Cook Property Owner, Lou Frances Johnson, present. Jeanette Cook, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Johnson stated her sons will be helping her make the repairs. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Harris. Extension granted. Housing Board of Appeals June 18, 2014 Page 9 of 15 Goodman-y Chubinski-y Whitfield-y Harris-y v. 40 Congress Issue#EN14-03698 Code Compliance Officer: Jeanette Cook Property Owner, Patty Pointer for Celestine Pointer, present. Jeanette Cook, Senior Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Pointer requested more time due to illness of Ms. Celestine Pointer. Mr. Harris made a motion to grant an extension to September 16, 2014, seconded by Mr. Chubinski. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y w. 15 Arthur Issue#EN14-00805 Code Compliance Officer: Elijah Martin Property Owner, Ms. Garcia, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Garcia requested a 60 day extension. Mr. Chubinski made a motion to grant until August 19, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y x. 82 Burr St Issue#EN14-02805 Code Compliance Officer: Elijah Martin Property Owner, Masha Titus. Mr. Goodman made a motion to affirm the order as written due to compliance, seconded by Mr. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y Housing Board of Appeals June 18, 2014 Page 10 of 15 y. 100 Burr St Issue#EN14-02817 Code Compliance Officer: Elijah Martin REMOVED z. 63 Battle Creek Ave Issue#EN14-19820 Code Compliance Officer: Elijah Martin Property Owner, Janice Kelley, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Kelley requested 60 days. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y aa. 65 Battle Creek Ave Issue#EN14-00946 Code Compliance Officer: Elijah Martin Property Owner, Roberta Arrington for Gregory McKnight, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Arrington requested 60 days. Mr. Martin recommended affirming the order as written. Mr. Harris made motion to grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-n Chubinski-y Whitfield-y Harris-y bb. 130 Battle Creek Ave Issue#EN14-01096 Code Compliance Officer: Elijah Martin REMOVED Housing Board of Appeals June 18, 2014 Page 11 of 15 cc. 156 Battle Creek Ave Issue#EN14-01101 Code Compliance Officer: Elijah Martin Property Owner, Juan Vicente, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Martin stated some items have been corrected but the roof still needed work. Mr. Vicente stated he plans to repair the entire roof. Mr. Whitfield asked Mr. Vicente how much time he needed. Mr. Harris made a motion to grant an extension to July 15, 2014, seconded by Mr. Chubinski. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y dd. 190 Battle Creek Issue#EN14-01137 Code Compliance Officer: Elijah Martin Property Owner, David Wildermuth, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Wildermuth requested a 60 day extension. Mr. Wildermuth has removed some of junk and debris. Mr. Chubinski made a motion to grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y ee. 229 Battle Creek Ave Issue#EN14-01150 Code Compliance Officer: Elijah Martin Property Owner, Sylvia Ambs, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Martin stated some work had been completed. Ms. Ambs stated she should be done by the end of month. Mr. made a motion to grant an extension to July 15, 2014, seconded by Mr. Harris. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y Housing Board of Appeals June 18, 2014 Page 12 of 15 ff. 280 Battle Creek Issue#EN14-01183 Code Compliance Officer: Elijah Martin Property Owner, Stephen Hodges, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Hodges requested a 60 day extension. Mr. Hodges noted his neighbor was planning on helping him. Mr. Chubinski made a motion to grant an extension to August 19, 2014, seconded Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y gg. 114 W Bidwell Issue#EN14-18885 Code Compliance Officer: Elijah Martin Property Owner, Eric Blair, present. Elijah Martin, Code Officer, noted the property had issues found during a routine rental inspection. Mr. Blair requested more time to repair the roof. Mr. Blair does have an estimate to replace the roof. Mr. Blair stated the interior items have been corrected. Mr. Goodman made a motion to grant an extension to September 16, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-n hh. 138 W Bidwell Issue#EN14-01611 Code Compliance Officer: Elijah Martin REMOVED ii. 201 W Bidwell Issue#EN14-01640 Code Compliance Officer: Elijah Martin Housing Board of Appeals June 18, 2014 Page 13 of 15 Property Owner, Jeffrey Davis, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Davis requested more time. Mr. Chubinski made a motion to grant an extension to August 19, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y jj. 16 E Burnham Issue#EN14-02003 Code Compliance Officer: Elijah Martin Property Owner, not present. Mr. Harris made a motion to affirm the order as written due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y kk. 28 E Burnham Issue#EN14-02008 Code Compliance Officer: Elijah Martin Property Owner, David Savage, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Savage stated a branch fell through the roof of the garage. It was the neighbor’s tree. Mr. Savage is talking with the insurance company. Mr. Harris Goodman-y Chubinski-y Whitfield-y Harris-y ll. 108 W Burnham Issue#EN14-02565 Code Compliance Officer: Elijah Martin REMOVED mm. 136 W Burnham Issue#EN14-02593 Housing Board of Appeals June 18, 2014 Page 14 of 15 Code Compliance Officer: Elijah Martin REMOVED nn. 272 W Burnham St Issue#EN14-02743 Code Compliance Officer: Elijah Martin REMOVED oo. 187 Eldred Issue#EN14-03362 Code Compliance Officer: Elijah Martin Property Owner, Ellen Chamberlain, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Ms. Chamberlain requested an additional 6 to 8 weeks. Ms. Chamberlain plans to make other changes to sell her house. Mr. Goodman made a motion to grant an extension to August 19, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y pp. 127 Harris St Issue#EN13-05857 Code Compliance Officer: Elijah Martin Property Owner, not present. Mr. Harris made a motion to affirm the order as written due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harris-y qq. 440 Capital Ave SW Issue#EN14-03063 Code Compliance Officer: Elijah Martin Housing Board of Appeals June 18, 2014 Page 15 of 15 Property Owner, Randy Poole, present. Elijah Martin, Code Officer, noted the property had exterior issues found during a routine property survey. Mr. Goodman recused himself due to the fact that he knows Mr. Poole. Mr. Martin stated most of the work has been completed. Mr. Poole is requesting more time since his materials are on back order. Mr. Whitfield made a motion to grant an extension to August 19, 2014, seconded by Mr. Harris. Extension granted. Goodman-y Chubinski-y Whitfield-y Harris-y rr. 25 Blair St Issue#EN14-01710 Code Compliance Officer: Elijah Martin REMOVED Public Comments: none Board and Staff Members Comments: Mr. Chubinski noted he will not be present for the July 16, 2014 meeting. Mr. Harris noted it was his last meeting. Adjournment: 3:25pm 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 /lms