Board of Appeals

HOUSING BOARD OF APPEALS HEARING MINUTES September 17, 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 Chubinski, Robert Whitfield, Andy Harrison Staff Members Present: Dennis McKinley, Code Compliance Administrator; Jason Francisco, Senior Code Officer; Eric Morris, Senior Code Officer; Todd Nowicki, Senior Code Officer; Jeanette Cook, Senior Code Officer; Elijah Martin, Code Officer; Lisa Silkworth, Secretary. Additions/Deletions to the Agenda: 181 Graves, 491 Hamblin, 163 Nelson, 35 Janoah, 132 Orleans, 137 Orleans, 231 Meachem, 3 Scenery Approval of Minutes: Mr. Goodman made a motion to approve the minutes from the August 20, 2014 meeting seconded by Mr. Whitfield. Approved. Old Business: none Dangerous Buildings Show Cause Hearings: a. 128 S 26th (House) Issue#EN14-20264 Building Inspector: Don Wilkinson Property owner, Thwang Sang, present. Don Wilkinson, Building Inspector, noted the house lacks property maintenance and has a cost estimate of repair of $44,523. Mr. Wilkinson recommended it be affirmed as a Dangerous Building. Mr. Sang stated they are also finished with the work and he needs more time due to the weather. Mr. Wilkinson stated there were other permits required. Mr. Sang stated he hoped to have it done by the end of the year. Mr. Chubinski made a motion to affirm it as a Dangerous Building, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-n Harrison-y Housing Board of Appeals September 17, 2014 Page 2 of 16 b. 206 Cherry St (House) Issue#EN14-20726 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y c. 511 North Ave (Commercial) Issue#EN14-21047 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y d. 26 Sanderson St (House) Issue#EN14-21243 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y e. 29 Wendell (House and Garage) Issue#EN13-04782 Building Inspector: Don Wilkinson Property owner, not present. Mr. Harrison made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Whitfield. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals September 17, 2014 Page 3 of 16 f. 38 Convis (House) Issue#EN14-19111 Building Inspector: Don Wilkinson Property owner, not present. Mr. Harrison made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y g. 224 Goguac (House) Issue#EN12-03561 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Whitfield. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y h. 66 W Grand Circle (House & Garage) Issue#EN14-19462 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y i. 55 Jericho (House & Garage) Issue#EN14-19036 Building Inspector: Don Wilkinson Property owner, William Trunan, present. Don Wilkinson, Building Inspector, noted the cost estimate of repair is $34,300. Mr. Wilkinson also noted there was a building permit issued for roof repair and a plumber was in and filled out a plumbing permit. Mr. Trunan stated the problems started due to vandalism. Mr. Whitfield made a motion to modify the order to October, no second. Mr. Chubinski made a motion to affirm the Housing Board of Appeals September 17, 2014 Page 4 of 16 property as a Dangerous Building, seconded by Mr. Goodman. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y j. 276 E Michigan (House) Issue#EN14-18981 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Whitfield. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y k. 244 Oneita (House) Issue#EN14-13711 Building Inspector: Don Wilkinson Property owner, not present. Mr. Harrison made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Goodman. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y l. 250 Graves (Garage) Issue#EN13-06214 Building Inspector: Don Wilkinson Property owner, Howard Gillett, present. Don Wilkinson, Building Inspector, stated the accessory structure was in need a repair with a cost estimate of $3,227. Mr. Gillett stated there was nothing wrong with the garage and there were no complaints on the garage when he bought it six years ago. Mr. Wilkinson stated the building needed some structural repair. Mr. Chubinski made a motion to affirm it as a dangerous building, seconded by Mr. Harrison. Affirmed. Goodman -n Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals September 17, 2014 Page 5 of 16 m. 34 Maple Terrace (House) Issue#EN14-21352 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y n. 890 W Territorial (Commercial) Issue#EN14-22777 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y o. 469 Upton (House) Issue#EN14-22548 Building Inspector: Don Wilkinson Property owner, not present. Mr. Goodman made a motion to affirm the property as a Dangerous Building due to no owner present, seconded by Mr. Harrison. Affirmed. Goodman -y Chubinski-y Whitfield-y Harrison-y New Business: a. 70 N Cedar Ave Issue#EN14-09342 Code Compliance Officer: Eric Morris 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 Harrison-y Housing Board of Appeals September 17, 2014 Page 6 of 16 b. 24 S 25th Issue#EN14-11071 Code Compliance Officer: Eric Morris Property owner, Robert Brevitz Sr., present. Eric Morris, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Morris recommended granting a thirty day extension. Mr. Brevitz Sr. stated thirty days would be fine. Mr. Goodman made a motion to grant until October 14, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y c. 16 Everett Ave Issue#EN14-11527 Code Compliance Officer: Eric Morris Property owner, Lisa Hyndman, present. Eric Morris, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Morris recommended granting a thirty day extension. Ms. Hyndman stated thirty days would be fine. Mr. Chubinski made a motion to grant until October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y d. 180 N Woodlawn IssueEN14-13077 Code Compliance Officer: Eric Morris Property owner, Esther Teasley, present. Eric Morris, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Morris recommended granting a thirty day extension. Ms. Teasley stated thirty days would be fine. Mr. Harrison made a motion to grant until October 14, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y e. 180 N Woodlawn Issue#EN12-07633 Code Compliance Officer: Eric Morris Property owner, Esther Teasley, present. Eric Morris, Senior Code Officer, stated the interior violations were noted during a rental inspection. Mr. Morris Housing Board of Appeals September 17, 2014 Page 7 of 16 recommended working with the owner to verify the violations have been corrected. Mr. Chubinski made a motion to remove this item from the agenda, seconded by Mr. Goodman. Removed. Goodman-y Chubinski-y Whitfield-y Harrison-y f. 157 Calhoun Issue#EN14-09497 Code Compliance Officer: Todd Nowicki Property owner, Larry Wright, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki recommended granting a sixty day extension due to the size of the house. MR. Wright stated he is working on the house but has had some surgery. Mr. Wright is unsure of what needs to be completed on the house. The house is up for sale. Mr. Chubinski made a motion to grant an extension to October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y g. 224 Eaton St Issue#EN14-15646 Code Compliance Officer: Todd Nowicki Property owner, Thomas Bishop, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki recommended granting a thirty day extension. Mr. Bishop is requesting until October 31, 2014. Mr. Bishop has striped parts of it down to the bare wood. Mr. Harrison made a motion to grant an extension until October 14, 2014, seconded by Mr. Goodman. Extension Granted. Goodman-y Chubinski-y Whitfield-y Harrison-y h. 78 Frelinghuysen Issue#EN14-09531 Code Compliance Officer: Todd Nowicki Complied i. 125 Frelinghuysen Issue#EN14-09541 Code Compliance Officer: Todd Nowicki Housing Board of Appeals September 17, 2014 Page 8 of 16 Property owner, Marcus Davidson, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki recommended granting a sixty day extension. Mr. Davidson stated they are seeking out bids for the roofing. Mr. Harrison made a motion to grant an extension to November 18, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-n Harrison-y j. 246 Laurel Dr Issue#EN14-14214 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. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harrison-y k. 287 Laurel Dr Issue#EN14-14228 Code Compliance Officer: Todd Nowicki Property owner, Mrs. Clark, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki recommended granting a sixty day extension. Ms. Clark stated they have hired a contractor and work is set to begin at the end of the month. Mr. Harrison made a motion to grant until October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y l. 545 Wagner Dr Issue#EN14-01527 Code Compliance Officer: Todd Nowicki Property owner, Lila Spears, present. Mr. Goodman recused himself from this property. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki recommended granting a thirty day extension. Ms. Spears stated she had not received the letter for some time as it got mailed to Nevada. Ms. Spears stated the house is up for sale and does not have the funds to paint the exterior. Housing Board of Appeals September 17, 2014 Page 9 of 16 Goodman-n/a Chubinski-y Whitfield-y Harrison-y m. 181 Graves Ave Issue#EN14-08722 Code Compliance Officer: Jeanette Cook REMOVED n. 491 Hamblin Ave Issue#EN14-10951 Code Compliance Officer: Jeanette Cook REMOVED o. 16 Hancock Ct Issue#EN14-11115 Code Compliance Officer: Jeanette Cook Property owner, not present. Mr. Harrison 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 Harrison-y p. 40 Hancock Issue#EN14-11132 Code Compliance Officer: Jeanette Cook Property owner, Henry Hardin, present. Jeanette Cook, Senior Code Officer, stated the exterior violations were noted during a property survey. Ms. Cook recommended granting a thirty day extension. Mr. Hardin stated he is seeking assistance through CAA and other avenues. Mr. Goodman made a motion to grant an extension to October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y q. 140 Leland Dr Issue#EN14-11743 Code Compliance Officer: Jeanette Cook Property owner, Lynn Tobias. Jeanette Cook, Senior Code Officer, stated the exterior violations were noted during a property survey. Ms. Cook recommended Housing Board of Appeals September 17, 2014 Page 10 of 16 granting a thirty day extension. Ms. Tobias stated her husband plans on making the corrections in the next two weeks and is seeking thirty more days. Mr. Goodman made a motion to grant an extension to October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y r. 43 Midway Issue#EN14-15755 Code Compliance Officer: Jason Francisco Property owner, James Hall Sr., present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a thirty day extension. Mr. Hall stated he plans on making the repairs and needs thirty days. Mr. Chubinski made a motion to grant until October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y s. 60 Mott St Issue#EN14-15775 Code Compliance Officer: Jason Francisco Complied t. 45 Newark Issue#EN14-16299 Code Compliance Officer: Jason Francisco Property owner, Bonnie McClendon, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a thirty day extension. Ms. McClendon stated the letter arrived about two weeks before the due date so she asked for an extension. Mr. Francisco stated the foliage needs to be removed from the roof. Ms. McClendon stated thirty days should be enough time. Mr. Goodman made a motion to grant an extension to October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals September 17, 2014 Page 11 of 16 u. 91 Oakhill Issue#EN14-16311 Code Compliance Officer: Jason Francisco Property owner, Steve Sanders Thurman, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a sixty day extension to wrap up the court process. Mr. Francisco noted the house is going through probate. Mr. Chubinski made a motion to grant an extension to November 18, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y v. 47 Post Ave Issue#EN14-17211 Code Compliance Officer: Jason Francisco 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 Harrison-y w. 66 Post Ave Issue#EN14-17218 Code Compliance Officer: Jason Francisco Property owner, Mark Smith, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a thirty day extension. Mr. Smith stated he is seeking assistance and some work has been completed. Mr. Goodman made a motion to grant an extension to October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y x. 110 Post Ave Issue#EN14-17403 Code Compliance Officer: Jason Francisco Property owner, William Pancoft, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a thirty day extension. Mr. Pancoft stated he intends to Housing Board of Appeals September 17, 2014 Page 12 of 16 side the house and wrap the windows. Mr. Pancoft stated the work may not be completed this year due to money issues. Mr. Goodman made a motion to grant an extension until October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y y. 257 Post Ave Issue#EN14-17651 Code Compliance Officer: Jason Francisco Property owner, Tarla Jones, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a thirty day extension. Ms. Jones stated she is almost done and thirty days would be fine. Mr. Goodman made a motion to grant an extension until October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y z. 44 New England Issue#EN14-16294 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 Whitfield-y Harrison-y aa. 176 South Ave Issue#EN14-17808 Code Compliance Officer: Jason Francisco Property owner, Shirley Hoffman, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Francisco recommended granting a thirty day extension. Ms. Hoffman stated they are working on finding some siding to make repairs and the family plans to repaint the house as well. Ms. Hoffman is requesting until the end of April 2015. Mr. Chubinski made a motion to rant until extension until October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals September 17, 2014 Page 13 of 16 bb. 35 Janoah Issue#EN14-05091 Code Compliance Officer: Elijah Martin REMOVED cc. 132 Orleans Issue#EN14-06018 Code Compliance Officer: Elijah Martin REMOVED dd. 137 Orleans Issue#EN14-06020 Code Compliance Officer: Elijah Martin REMOVED ee. 235 Orleans Issue#EN14-06031 Code Compliance Officer: Elijah Martin Property owner, Erin Gentry, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Mr. Gentry stated they have a roofing contractor and an insurance claim to repair the roof. Mr. Gentry stated thirty days would be fine. Mr. Goodman made a motion to grant an extension until October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y ff. 214 Meachem Ave Issue#EN14-05787 Code Compliance Officer: Elijah Martin Property owner, Carlene Clark, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Ms. Clark stated she has tried to find a contractor to make the corrections. Ms. Clark does intend to fix the issues. Ms. Clark is requesting an extension through the spring. Ms. Clark had more comments but will voice them during the public comment portion of the meeting. Housing Board of Appeals September 17, 2014 Page 14 of 16 Mr. Chubinski made a motion to grant until October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-n Harrison-y gg. 231 Meachem Ave Issue#EN14-05798 Code Compliance Officer: Elijah Martin REMOVED hh. 7 Pioneer Issue#EN14-06391 Code Compliance Officer: Elijah Martin Property owner, Leonard Horton for Keith Matthews, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Mr. Horton stated thirty days would be good. Mr. Goodman made a motion to grant an extension until October 14, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y ii. 122 Ridge St Issue#EN14-06454 Code Compliance Officer: Elijah Martin Property owner, Ora Stambaugh, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Ms. Stambaugh stated the garage was painted two years ago. Ms. Stambaugh stated the plastic was to keep the temperature on the porch comfortable. Ms. Stambaugh disagrees with the property survey process and the need to make corrections at her residence. A discussion ensued. Mr. Whitfield made a motion to grant an extension until October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y jj. 31 W Rittenhouse Issue#EN14-06462 Code Compliance Officer: Elijah Martin Housing Board of Appeals September 17, 2014 Page 15 of 16 Property owner, Leonard Horton, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Mr. Horton is seeking more time. Mr. Horton stated the house is over 100 years old and he is seeking assistance. Mr. Chubinski made a motion to grant until October 14, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y kk. 33 W Rittenhouse Issue#EN14-06464 Code Compliance Officer: Elijah Martin Property owner, Leonard Horton, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Mr. Horton stated the house is being sided. Mr. Goodman made a motion to grant until October 14, 2014, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y ll. 198 W Rittenhouse Issue#EN14-06988 Code Compliance Officer: Elijah Martin Property owner, Jennifer LeBlanc, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Ms. LeBlanc stated she had received a quote for windows from Hanson’s but she would like to wait until spring. She also stated she has some replacement shingles to make some repairs to the roof. Mr. Goodman made a motion to grant until October 14, 2014, seconded by Mr. Chubinski. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y mm. 3 Scenery Ave Issue#EN14-05843 Code Compliance Officer: Elijah Martin REMOVED Housing Board of Appeals September 17, 2014 Page 16 of 16 nn. 46 Summer Issue#EN14-07216 Code Compliance Officer: Elijah Martin Property owner, Mary Lutzke, present. Elijah Martin, Code Officer, stated the exterior violations were noted during a property survey. Mr. Martin recommended granting a thirty day extension. Ms. Lutzke stated thirty 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 Whitfield-y Harrison-y oo. 116 Summer Issue#EN14-07275 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 Whitfield-y Harrison-y Public Comments: Some citizens spoke about the property survey process. They voiced their concern about houses in their neighborhood and the fairness of the survey process. Board and Staff Members Comments: Mr. McKinley clarified the Dangerous Building process and the Property Survey issues. Adjournment: 3:55pm 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