Board of Appeals
Regular MeetingBattle Creek, MI · August 20, 2014
Minutes
HOUSING BOARD OF APPEALS
HEARING MINUTES
August 20, 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, Anthony Goodman, Andy Harrison
Staff Members Present: Jason Francisco, Senior Code Officer; Jeanette Cook, Senior Code Officer;
Elijah Martin, Code Officer; Todd Nowicki, Senior Code Officer; Marcie Gillette, Neighborhood
Services Manager; Eric Morris, Senior Code Officer; Lisa Silkworth, Secretary
Additions/Deletions to the Agenda: Remove 62 Massachusetts, 26 Harris, 17 Midway Ct, 145
Harris, and 77 Leitch
Approval of Minutes: Mr. Goodman made a motion to approve the minutes from the July 17, 2014
meeting, seconded by Mr. Harrison. Approved.
Old Business:
a. 156 Cherry – 2nd Appeal
Issue#EN14-16900
Code Compliance Officer: Todd Nowicki
Property Owner, Dain Russell, present. Todd Nowicki, Senior Code Officer, noted the property
still needed to be painted and this is the second appeal for more time. Mr. Nowicki
recommended a thirty day extension since the owner has started scrapping. Mr. Russell
stated he would like about sixty more days because of the weather. Mr. Harrison made a
motion to grant until October 14, 2014 seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
Dangerous Buildings Show Cause Hearings:
Postponed to the September 17, 2014 meeting
New Business:
Housing Board of Appeals
August 20, 2014
Page 2 of 12
a. 129 Lamora
Issue#EN14-22298
Code Compliance Officer: Eric Morris
Property Owner, not present. Mr. Goodman made a motion to affirm the order as
written due to no owner present, seconded by Mr. Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
b. 94 S 24th St
Issue#EN14-09253
Code Compliance Officer: Eric Morris
Property Owner, Kay and Arthur Woody, present. No action needed as the work was
complete.
c. 77 S 30th
Issue#EN14-13536
Code Compliance Officer: Eric Morris
Property Owner, Glenn White, present. Eric Morris, Senior Code Officer, noted the
violations were found during a property survey. Mr. Morris noted the painting has been
completed but some work remained on the pool house. Mr. Morris recommended a
sixty day extension. Mr. Goodman made a motion to grant until October 14, 2014,
seconded by Mr. Harrison. Extension granted.
Goodman-y Chubinski-y Harrison-y
d. 18 Charlotte
Issue#EN14-14866
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. Chubinski. Affirmed.
Goodman-y Chubinski-y Harrison-y
e. 331 E Emmett
Issue#EN14-12583
Code Compliance Officer: Todd Nowicki
Housing Board of Appeals
August 20, 2014
Page 3 of 12
Property Owner, Belmont Root, present. Todd Nowicki, Senior Code Officer, stated the
violations were discovered during a routine property survey. Mr. Nowicki recommended
a sixty day extension. Mr. Root noted he has some medical issues and is seeking more
time. Mr. Harrison made a motion to grant an extension to October 14, 2014, seconded
by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
f. 359 E Emmett
Issue#EN14-12595
Code Compliance Officer: Todd Nowicki
Property Owner, Walter Vanderwall, present. Todd Nowicki, Senior Code Officer, noted
the exterior violations were noted during a property survey. Mr. Nowicki recommended
granting a sixty day extension. Mr. Chubinski made a motion to grant until October 14,
2014, seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
g. 388 E Emmett
Issue#EN14-12697
Code Compliance Officer: Todd Nowicki
Property Owner, Laura Wingfield, present. Todd Nowicki, Senior Code Officer, noted
the exterior violations were noted during a property survey. Mr. Nowicki recommended
granting a sixty day extension. Ms. Wingfield stated she needs more time to make
repairs on her porch and the bathroom floor. Ms. Wingfield is seeking to get assistance
to make the repairs. Mr. Chubinski made a motion to grant until October 14, 2014,
seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
h. 11 Latta
Issue#EN14-14920
Code Compliance Officer: Todd Nowicki
Property Owner, Mrs. Butler, present. Todd Nowicki, Senior Code Officer, noted the
exterior violations were noted during a property survey. Mr. Nowicki recommended
granting a thirty day extension. Ms. Butler stated she could have it completed in thirty
days. Mr. Goodman made a motion to grant until September 16, 2014, seconded by
Mr. Harrison. Extension granted.
Housing Board of Appeals
August 20, 2014
Page 4 of 12
Goodman-y Chubinski-y Harrison-y
i. 17 Latta
Issue#EN14-14926
Code Compliance Officer: Todd Nowicki
Property Owner, Mrs. Butler, present. Todd Nowicki, Senior Code Officer, noted the
exterior violations were noted during a property survey. Mr. Nowicki recommended
granting a sixty day extension. Mrs. Butler stated sixty would be fine as she is seeking
to get assistance. Mr. Goodman made a motion to grant until October 14, 2014,
seconded by Mr. Harrison. Extension granted.
Goodman-y Chubinski-y Harrison-y
j. 68 Latta
Issue#EN14-14967
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. Goodman. Affirmed.
Goodman-y Chubinski-y Harrison-y
k. 36 W Pitman
Issue#EN14-12834
Code Compliance Officer: Todd Nowicki
Property Owner, Joyce Lyon, present. Todd Nowicki, Senior Code Officer, noted the
exterior violations were noted during a property survey. Mr. Nowicki recommended
granting a thirty day extension. Ms. Lyon requested more additional time as she has
money coming in mid-October. Mr. Goodman noted the tolling period for painting. MS.
Lyon wants to replace the garage door as well. Ms. Lyon stated Overhead Door
Company is replacing the door. Mr. Goodman made a motion to affirm the order as
written but no second. Marcie Gillette, Neighborhood Services Manager, clarified the
order to repair. Mr. Goodman withdrew his motion. Mr. Goodman made a motion to
grant an extension until October 14, 2014 for the paint and November 18, 2014 for the
garage door, seconded by Mr. Harrison. Extension granted.
Goodman-y Chubinski-y Harrison-y
Housing Board of Appeals
August 20, 2014
Page 5 of 12
l. 440 Pleasantview
Issue#EN14-14733
Code Compliance Officer: Todd Nowicki
Property Owner, not present. Property was brought into compliance prior to the
meeting.
m. 248 W Pitman
Issue#EN14-12984
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. Goodman. Affirmed.
Goodman-y Chubinski-y Harrison-y
n. 136 Roseneath
Issue#EN14-08083
Code Compliance Officer: Jeanette Cook
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 Harrison-y
o. 21 Somerset
Issue#EN14-08244
Code Compliance Officer: Jeanette Cook
Property Owner, Timothy Crape, present. Jeanette Cook, Senior Code Officer, stated
the exterior violations were noted during a property survey. Ms. Cook recommended a
thirty day extension. Mr. Crape stated thirty days would be fine. Mr. Goodman made a
motion to grant until September 16, 2014, seconded by Mr. Harrison. Extension
granted.
Goodman-y Chubinski-y Harrison-y
p. 129 Somerset Ave
Issue#EN14-08327
Code Compliance Officer: Jeanette Cook
Housing Board of Appeals
August 20, 2014
Page 6 of 12
Property Owner, Venus Reed, present. . Jeanette Cook, Senior Code Officer, stated
the exterior violations were noted during a property survey. Ms. Cook recommended a
sixty day extension. Ms. Reed stated sixty days would be fine. Mr. Chubinski made a
motion to grant until October 14, 2014, seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
q. 680 W Van Buren
Issue#EN14-08451
Code Compliance Officer: Jeanette Cook
Property Owner, David Boards-Bey, present. Jeanette Cook, Senior Code Officer,
stated the exterior violations were noted during a property survey. Ms. Cook
recommended a sixty day extension. Mr. Boards-Bey stated sixty days would be fine.
Mr. Chubinski made a motion to grant until October 14, 2014, seconded by Mr.
Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
r. 740 W Van Buren
Issue#EN14-09076
Code Compliance Officer: Jeanette Cook
Property Owner, Richard Fox, present. Jeanette Cook, Senior Code Officer, stated the
exterior violations were noted during a property survey. Ms. Cook recommended a sixty
day extension. Mr. Fox stated sixty days would be fine as they are hiring a contractor to
side the house. Mr. Goodman made a motion to grant until October 14, 2014,
seconded by Mr. Harrison. Extension granted.
Goodman-y Chubinski-y Harrison-y
s. 761 W Van Buren
Issue#EN14-09082
Code Compliance Officer: Jeanette Cook
Property Owner, Danny Smith, present. Jeanette Cook, Senior Code Officer, stated the
exterior violations were noted during a property survey. Ms. Cook recommended a sixty
day extension. Mr. Smith stated sixty days would be fine. Mr. Harrison made a motion
to grant until October 14, 2014, seconded by Mr. Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
Housing Board of Appeals
August 20, 2014
Page 7 of 12
t. 65 Vineyard
Issue#EN14-09095
Code Compliance Officer: Jeanette Cook
Property Owner, Mrs. Crump, present. Jeanette Cook, Senior Code Officer, stated the
exterior violations were noted during a property survey. Ms. Cook recommended a sixty
day extension. Mrs. Crump stated sixty days would be fine as she is hiring a contractor
to do the work. Mr. Goodman made a motion to grant until October 14, 2014, seconded
by Mr. Harrison. Extension granted.
Goodman-y Chubinski-y Harrison-y
u. 124 Walter Ave
Issue#EN14-09186
Code Compliance Officer: Jeanette Cook
Property Owner, Galian Smith, present. Jeanette Cook, Senior Code Officer, stated the
exterior violations were noted during a property survey. Ms. Cook recommended a sixty
day extension. Mr. Smith stated he has a contractor doing the work and would like
more time. Mr. Harrison made a motion to grant until October 14, 2014, seconded by
Mr. Chubinski. Extension granted.
Goodman-y Chubinski-y Harrison-y
v. 211 Waubascon
Issue#EN14-10636
Code Compliance Officer: Jeanette Cook
Property Owner, Mellissa and Timothy Castor, present. Jeanette Cook, Senior Code
Officer, stated the exterior violations were noted during a property survey. Ms. Cook
recommended a sixty day extension. Mrs. Castor stated they are repairing the roof. Mr.
Harrison made a motion to grant until October 14, 2014, seconded by Mr. Chubinski.
Extension granted.
Goodman-y Chubinski-y Harrison-y
w. 241 Waubascon Rd
Issue#EN14-10639
Code Compliance Officer: Jeanette Cook
Housing Board of Appeals
August 20, 2014
Page 8 of 12
Property Owner, not present. Mr. Goodman made a motion to affirm the order as
written due to no owner present, seconded by Mr. Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
x. 144 Wilds Ave
Issue#EN14-10924
Code Compliance Officer: Jeanette Cook
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 Harrison-y
y. 62 Massachusetts
Issue#EN14-11357
Code Compliance Officer: Jason Francisco
REMOVED
z. 150 Main St
Issue#EN14-10435
Code Compliance Officer: Jason Francisco
Property Owner, Richard White, present. Jason Francisco, Senior Code Officer, stated
the exterior violations were noted during a property survey. Mr. Francisco
recommended a sixty day extension. Mr. White stated sixty days would work. Mr.
Harrison made a motion to grant an extension until October 14, 2014, seconded by Mr.
Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
aa. 756 E. Michigan
Issue#EN14-11461
Code Compliance Officer: Jason Francisco
Property Owner, Ted Watson, present. Jason Francisco, Senior Code Officer, stated
the exterior violations were noted during a property survey. Mr. Francisco
recommended a thirty day extension. Mr. Watson stated he plans to start work on the
property on September 3, 2014. Mr. Goodman made a motion to grant until September
16, 2014, seconded by Mr. Harrison. Extension granted.
Housing Board of Appeals
August 20, 2014
Page 9 of 12
Goodman-y Chubinski-y Harrison-y
bb. 17 Midway Ct
Issue#EN14-15745
Code Compliance Officer: Jason Francisco
REMOVE
cc. 389/391 E Burnham
Issue#EN14-17527
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. Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
dd. 32 Inn Rd
Issue#EN14-21854
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. Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
ee. 26 Harris
Issue#EN14-04716
Code Compliance Officer: Elijah Martin
REMOVE
ff. 30 Harris
Issue#EN14-04718
Code Compliance Officer: Elijah Martin
Property Owner, not present. Mr. Goodman made a motion to affirm the order as
written due to no owner present, seconded by Mr. Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
Housing Board of Appeals
August 20, 2014
Page 10 of 12
gg. 145 Harris
Issue#EN14-04750
Code Compliance Officer: Elijah Martin
REMOVE
hh. 171 W Goguac
Issue#EN14-03868
Code Compliance Officer: Elijah Martin
Property Owner, not present. Mr. Goodman made a motion to affirm the order as
written due to no owner present, seconded by Mr. Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
ii. 436 Iroquois
Issue#EN14-04995
Code Compliance Officer: Elijah Martin
Property Owner, Tom Vieyra, present. Elijah Martin, Senior Code Officer, stated the
violations were found during a routine property survey. Mr. Martin stated work had not
been started as of yet. Mr. Vieyra stated he needed a little more time. Mr. Chubinski
made a motion to grant an extension to September 16, 2014, seconded by Mr.
Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
jj. 74 N LaVista
Issue#EN14-05650
Code Compliance Officer: Elijah Martin
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 Harrison-y
kk. 77 Leitch Dr
Issue#EN14-04675
Code Compliance Officer: Elijah Martin
REMOVED
Housing Board of Appeals
August 20, 2014
Page 11 of 12
ll. 262 Meachem
Issue#EN14-05808
Code Compliance Officer: Elijah Martin
Property Owner, Stacy Rogers, present. Elijah Martin, Senior Code Officer, stated the
violations were found during a routine property survey. Mr. Martin stated work had been
started. Ms. Rogers stated she needed a little more time. Mr. Goodman made a motion
to grant an extension to October 14, 2014, seconded by Mr. Chubinski. Extension
granted.
Goodman-y Chubinski-y Harrison-y
mm. 319 Surby
Issue#EN14-07386
Code Compliance Officer: Elijah Martin
Property Owner, David Hoexter, present. Elijah Martin, Senior Code Officer, stated the
violations were found during a routine property survey. Mr. Martin stated he had not
had contact with the property owner. Mr. Hoexter stated he had contacted Lowe’s for
the roof repair and had been approved by the bank for a loan. Mr. Chubinski made a
motion to grant an extension to September 16, 2014, seconded by Mr. Goodman.
Extension granted.
Goodman-y Chubinski-y Harrison-y
nn. 430 Surby
Issue#EN14-07409
Code Compliance Officer: Elijah Martin
Property Owner, Lisa Rivera, present. Elijah Martin, Senior Code Officer, stated the
violations were found during a routine property survey. Mr. Martin stated some
scrapping had been done but he had not been in contact with the owner. Ms. Rivera
stated she needed a little more time and money. Ms. Rivera requested sixty days. Mr.
Harrison made a motion to grant an extension to September 16, 2014, seconded by Mr.
Goodman. Extension granted.
Goodman-y Chubinski-y Harrison-y
oo. 452 Surby
Issue#EN14-07414
Code Compliance Officer: Elijah Martin
Housing Board of Appeals
August 20, 2014
Page 12 of 12
Property Owner, Charles Mersnick, present. Elijah Martin, Senior Code Officer, stated
the violations were found during a routine property survey. Mr. Martin stated work had
not been started as of yet. Mr. Mersnick stated he has ordered windows and plans to
paint the trim when he puts the windows in. Mr. Goodman made a motion to grant an
extension to October 14, 2014, seconded by Mr. Harrison. Extension granted.
Goodman-y Chubinski-y Harrison-y
pp. 513 Surby
Issue#EN14-07420
Code Compliance Officer: Elijah Martin
Property Owner, Paul Gould, present. Elijah Martin, Senior Code Officer, stated the
violations were found during a routine property survey. Mr. Martin stated work had not
been started as of yet and recommended affirming the order as written. Mr. Gould
stated he has listed the house for sale. Mr. Gould stated he did not intend to make the
repairs. Mr. Chubinski made a motion to affirm the order as written, seconded by Mr.
Harrison. Affirmed.
Goodman-y Chubinski-y Harrison-y
Public Comments: none
Board and Staff Members Comments: Stan Chubinski questioned the actions on 225 W Michigan.
Adjournment: 2:35pm
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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