Board of Appeals

HOUSING BOARD OF APPEALS MINUTES October 15, 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: Andy Harrison, Robert Whitfield, Tony Goodman Staff Members Present: Dennis McKinley, Code Compliance Administrator; Jason Francisco, Senior Code Officer; Eric Morris, Senior Code Officer; Todd Nowicki, Senior Code Officer; Elijah Martin, Code Officer; Lisa Silkworth, Secretary; Don Wilkinson, Building Inspector Additions/Deletions to the Agenda: Remove 27 Harrison, 33 Harrison, Approval of Minutes: Mr. Harrison made a motion to approve the minutes from the September 17, 20124 meeting seconded by Mr. Whitfield. Approved. Old Business: a. 206 Post Ave Issue#EN14-00032 Code Compliance Officer: Jason Francisco Property owner, William Troskey, present. Jason Francisco, Senior Code Officer, noted this is the second appeal and Mr. Francisco has been in contact with the owner. Mr. Troskey stated he is trying to contact contractors to abate the lead and paint the house. Mr. Francisco recommended granting an extension through May 19th, 2015. Mr. Goodman made a motion to grant an extension to November 19, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Whitfield-y Harrison-y b. 430 Surby Ave Issue#EN14-07409 Code Compliance Officer: Elijah Martin Property owner, not present. Goodman-y Whitfield-y Harrison-y Housing Board of Appeals October 15, 2014 Page 2 of 15 Dangerous Buildings Show Cause Hearings: 1. 365-373 W Michigan (Commercial) Issue#EN14-19023 Building Inspector: Don Wilkinson Property owner, Robert Walter, present. Don Wilkinson, Building Inspector, stated the building was affirmed as a dangerous building by the Dangerous Building Board. MR. Walter stated he had an agreement with Mark Dill to repair the building but Mr. Dill did not follow through. Mr. Walter noted he is actively working on the building. Mr. Walter stated he is also pursuing litigation against the city for contamination. Mr. Wilkinson recommended it be affirmed as a Dangerous Building and will continue to work with the property owner. Mr. Whitfield asked about a time frame. Mr. Walter requested an extension for more time to settle the litigation and make repairs. Mr. Whitfield made a motion to affirm it as a dangerous building, seconded by Mr. Harrison. Affirmed. Goodman-y Whitfield-y Harrison-y 2. 246 Kendall Issue#EN14-22896 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 Whitfield-y Harrison-y 3. 145 Newtown (Commercial) Issue#EN14-22758 Building Inspector: Don Wilkinson Property owner, David Miller, present. Don Wilkinson, Building Inspector, stated the building was affirmed as a dangerous building by the Dangerous Building Board. Mr. Miller stated he acquired the property two years ago and he intends to make the repairs and get it re-zoned residential. Mr. Goodman made a Housing Board of Appeals October 15, 2014 Page 3 of 15 motion to affirm the property as a dangerous building, seconded by Mr. Harrison. Affirmed. Goodman-y Whitfield-y Harrison-y 4. 209 Parkway (Garage) Issue#EN14-21805 Building Inspector: Don Wilkinson Property owner, Mario Jones, present. Don Wilkinson, Building Inspector, stated the garage had a cost estimate of repair is $19,500 with an SEV of $6,500. Mr. Jones stated he only thought the roof needed repair and he was not aware of the structural issues. Mr. Wilkinson stated the structure was in disrepair. Mr. Wilkinson recommended affirming it as a dangerous building. Mr. Whitfield made a motion to affirm the property as a dangerous building, seconded by Mr. Goodman. Affirmed. Goodman-y Whitfield-y Harrison-y New Business: 1. 23 Parkway Issue#EN14-13299 Code Compliance Officer: Jeanette Cook Property owner, Sean Lindsay, present. Lisa Silkworth, Secretary, stated the Code Officer recommended granting a thirty day extension. Mr. Lindsay stated he hired a contractor but the contractor failed to do the work. Mr. Lindsay does intend to complete the repairs but needs more time to do it properly. Mr. Goodman made a motion to grant an extension to November 18, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 2. 200 Capital Ave NE Issue#EN14-16101 Code Compliance Officer: Todd Nowicki Property owner, Gregory Dotson, present. Todd Nowicki, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Dotson noted he thought the appeal for the garage and demolition thereof, however the appeal enforcement number was for Housing Board of Appeals October 15, 2014 Page 4 of 15 the house violations. Mr. Nowicki recommended a sixty day extension. Mr. Dotson stated early spring would work. Mr. Goodman made a motion to grant until November 18, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 3. 289 Capital Ave NE Issue EN14-16119 Code Compliance Officer: Todd Nowicki Property owner, Kevin Wilder, present. Todd Nowicki, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Nowicki noted minor progress has been made and recommended a sixty day extension. Mr. Wilder stated he needed more time. Mr. Goodman made a motion to grant until May 19, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 4. 726 WaWeeNork Issue#EN14-23455 Code Compliance Officer: Eric Morris Property owner, Yvonne Fowler, present. Eric Morris, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Morris stated there was some damage to the roof and other violations. Mr. Morris recommended a ninety day extension. Ms. Fowler stated she has to fix her furnace first and then she will repair the roof. Ms. Fowler stated she is working with CAA. Goodman-y Whitfield-y Harrison-y 5. 58 Euclid Ave Issue#EN14-03157 Code Compliance Officer: Jason Francisco Property owner, Bonnie Davis for Kenneth Myers, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Ms. Davis stated she is working on the property and just needs a little more time as the owner has fallen ill. Mr. Francisco recommended a sixty day extension. Mr. Goodman made a motion to grant until May 19, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y Housing Board of Appeals October 15, 2014 Page 5 of 15 6. 25 Highway Issue#EN14-05017 Code Compliance Officer: Jason Francisco Property owner, for Ann Lawson, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Francisco stated there are numerous violations and the property owner stated they were seeking assistance. Ms. Lawson stated they have been in contact with Matt Flanders from the Community Development Grant Program. Mr. Francisco recommended granting a sixty day extension. Mr. Goodman made a motion to grant until December 16, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 7. 61 Highway Issue#EN14-05025 Code Compliance Officer: Jason Francisco Property owner, John Hyndman, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Hyndman requested a thirty day extension. Mr. Goodman made a motion to grant an extension to November 18, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 8. 72 Margaret Issue#EN14-11202 Code Compliance Officer: Jason Francisco Property owner, Lauren Preston, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Ms. Preston stated she has a plan to power wash and repaint the house. Mr. Francisco recommended granting an extension to April 2015. Mr. Goodman made a motion to grant until April 14, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 9. 62 South Ave Issue#EN14-17799 Code Compliance Officer: Jason Francisco Property owner, Nancy Ray, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Francisco noted progress has Housing Board of Appeals October 15, 2014 Page 6 of 15 been made. Mr. Goodman made a motion to grant until April 14, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 10. 69 South Ave Issue#EN14-17800 Code Compliance Officer: Jason Francisco Property owner, John Kenefick, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Francisco noted some painting had been completed. Mr. Kenefick stated the scraping and painting had been done but he was busy with other work. Mr. Kenefick noted he would get to it when time permitted. Mr. Francisco noted the violations. Mr. Whitfield made motion to affirm the order as written, there is no second. Mr. Goodman made a motion to grant until January 20, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-n Harrison-y 11. 225 South Ave Issue#EN14-17800 Code Compliance Officer: Jason Francisco Property owner, John Kenefick, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Francisco noted some work has been completed. Mr. Kenefick stated the sides and back of the building have been completed. Mr. Kenefick stated the front has not been completed due to safety issues. Mr. Kenefick stated the work could be completed in ninety days. Mr. Kenefick sited safety concerns. Mr. Francisco noted the tolling period and the violation is painting. Mr. Goodman made a motion to grant until January 20, 2015 with no second. Mr. Harrison made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed as written. Goodman-y Whitfield-y Harrison-y 12. 238 South Ave Issue#EN14-17844 Code Compliance Officer: Jason Francisco Property owner, Sally (Scroggins) Sheren, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Ms. Sheren is seeking assistance from CAA and other places. CityLinc stated they would paint it when weather permits. Mr. Francisco recommended an extension to May 19, 2015. Housing Board of Appeals October 15, 2014 Page 7 of 15 Goodman-y Whitfield-y Harrison-y 13. 24 Vale St Issue#EN14-18502 Code Compliance Officer: Jason Francisco Property owner, Duwayne Fura and Kristin Lamb, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Mr. Francisco noted the screen door had been repaired. Mr. Fura stated they had bought the house two years ago. Mr. Francisco a thirty day extension. Mr. Goodman made a motion to grant until November 18, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 14. 33 Walnut Issue#EN14-18796 Code Compliance Officer: Jason Francisco Property owner, Cheri Shea, present. Jason Francisco, Senior Code Officer, stated the violations were discovered during a routine property survey. Ms. Shea noted she is making the repairs but needs more time. Ms. Shea had hoped to complete it before the meeting. Mr. Goodman made a motion to grant an extension to April 14, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-n Harrison-y 15. 27 Harrison St Issue#EN14-04778 Code Compliance Officer: Elijah Martin Complied 16. 33 Harrison Issue#EN14-04780 Code Compliance Officer: Elijah Martin Complied Housing Board of Appeals October 15, 2014 Page 8 of 15 17. 103 Pleasant Ave Issue#EN14-06332 Code Compliance Officer: Elijah Martin Complied 18. 126 Pleasant Issue#EN14-22666 Code Compliance Officer: Elijah Martin Property owner, Sharon Dave, present. Elijah Martin, Code Officer, stated the violations were discovered during a rental inspection. Ms. Dave noted the tenants have been evicted but they damaged the property when they moved out. Ms. Dave requested more time to correct the interior items. Mr. Martin stated the exterior work has been done. Ms. Dave requested ninety days. Mr. Goodman clarified how the rental inspection came about. Mr. Goodman made a motion to grant an extension to January 20, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Whitfield-y Harrison-y 19. 34 Ridge St Issue#EN14-06442 Code Compliance Officer: Elijah Martin Complied 20. 167 W Rittenhouse Issue#EN14-06976 Code Compliance Officer: Elijah Martin Property owner, Jolyn Whitcomb, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Whitcomb stated she has completed most of the work and needs a little more time. Mr. Harrison made a motion to grant until April 14, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Whitfield-y Harrison-y 21. 324 Riverside Issue#EN14-07012 Code Compliance Officer: Elijah Martin Complied Housing Board of Appeals October 15, 2014 Page 9 of 15 22. 331 Riverside Issue#EN14-07014 Code Compliance Officer: Elijah Martin Complied 23. 33 Spring St Issue#EN14-06993 Code Compliance Officer: Elijah Martin Complied 24. 77 Spring St Issue#EN14-07107 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. Whitfield. Affirmed. Goodman-y Whitfield-y Harrison-y 25. 79 Spring St Issue#EN14-23999 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. Whitfield. Affirmed. Goodman-y Whitfield-y Harrison-y 26. 83 Spring St Issue#EN14-07109 Code Compliance Officer: Elijah Martin Complied 27. 112 Spring St Issue#EN14-07120 Code Compliance Officer: Elijah Martin Property owner, Esther Teasley, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Teasley reported she is working on one Housing Board of Appeals October 15, 2014 Page 10 of 15 property and she needs more time and money to get this property done. Mr. Martin recommended affirming the order since the owner has no plan of action. Mr. Goodman made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Goodman-y Whitfield-y Harrison-y 28. 115 Spring St Issue#EN14-07121 Code Compliance Officer: Elijah Martin Property owner, Esther Teasley, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Teasley stated she cannot paint the high areas due to a fear of heights. Ms. Teasley stated she planned to paint the front but she hasn’t got around to it. Mr. Goodman made a motion to grant until April 14, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-n Harrison-y 29. 127 Spring St Issue#EN14-07137 Code Compliance Officer: Elijah Martin Property owner, Margaret Mann, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Mann noted she has applied for assistance. Mr. Goodman made a motion to grant until November 18, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 30. 310 Spring St Issue#EN14-07191 Code Compliance Officer: Elijah Martin Property owner, Maryland Reid, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Reid stated she does not understand the order to repair. Mr. Martin explained the order. Ms. Reid is seeking assistance for garage repairs. Mr. Goodman made a motion to grant until April 14, 2015, seconded by Mr. Harrison. Goodman-y Whitfield-y Harrison-y Housing Board of Appeals October 15, 2014 Page 11 of 15 31. 26 Summer St Issue#EN14-24519 Code Compliance Officer: Elijah Martin Property owner, Glenn Nulf, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. Nulf noted the house next door to him was being torn down and he could not get to the side of his house until that work was completed. Mr. Nulf stated a contractor is helping him make the repairs. The house was damaged do to a fire next door. Mr. Whitfield made a motion to grant an extension to November 18, 2014, seconded by Mr. Goodman. Extension granted. Goodman-y Whitfield-y Harrison-y 32. 62 Summer Issue#EN14-07229 Code Compliance Officer: Elijah Martin Property owner, Tim Brady, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. Brady reported he started to scrap and paint but decided to replace windows while he was painting. Mr. Brady has pulled a permit for siding and garage windows. Mr. Goodman made a motion to grant an extension to April 14, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 33. 132 Summer Issue#EN11-07292 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. Whitfield. Affirmed. Goodman-y Whitfield-y Harrison-y 34. 212 Summer St Issue#EN14-07352 Code Compliance Officer: Elijah Martin Property owner, Judy Larson, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Larson stated she has corrected some of the issues but is not done yet. Ms. Larson stated there are also some foundation issues. Mr. Martin stated the porch was not done but Ms. Larson stated it is just the handrail needs to be Housing Board of Appeals October 15, 2014 Page 12 of 15 replaced and she plans to replace it. Ms. Larson also noted the garage needs a lot of work. Ms. Larson requested until July 1, 2015. Mr. Goodman made a motion to grant an extension to January 20, 2015, seconded by Mr. Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 35. 56 Terrace Ave Issue#EN14-07742 Code Compliance Officer: Elijah Martin Complied 36. 34 W Territorial Issue#EN14-07799 Code Compliance Officer: Elijah Martin Complied 37. 78 W Territorial Issue#EN14-07826 Code Compliance Officer: Elijah Martin Complied 38. 459 W Territorial Issue#EN14-08006 Code Compliance Officer: Elijah Martin Property owner, Raymond Otis, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. Otis requested an extension to June 2015. Mr. Goodman made a motion to grant an extension to May 19, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Whitfield-y Harrison-y 39. 629 W Territorial Issue#EN14-08046 Code Compliance Officer: Elijah Martin Property owner, Lila Blach, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Blach requested an extension to May 2015. Housing Board of Appeals October 15, 2014 Page 13 of 15 Ms. Blach is working on it but needs additional time due to weather. Mr. Goodman made a motion to grant an extension to May 19, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 40. 92 Upton Issue#EN14-08106 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. Whitfield. Affirmed. Goodman-y Whitfield-y Harrison-y 41. 353 Upton Issue#EN14-08137 Code Compliance Officer: Elijah Martin Property owner, Leon Smith for Joetta Adams, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. Martin reported there is peeling paint and some other issues. Mr. Smith stated the house is used for storage. Mr. Smith noted he could have the work done by the end of the month. Mr. Goodman made a motion to grant until October 31, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 42. 357 Upton Issue#EN14-08139 Code Compliance Officer: Elijah Martin Property owner, Leon Smith for Joetta Adams, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. Martin stated the garage was damaged and some of the painting had been completed. Mr. Smith stated he plans to remove the garage completely. Mr. Smith requested until April 2015. Mr. Martin recommended granting a thirty day extension. Mr. Goodman made a motion to grant an extension to November 18, 2014, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 43. 456 S Washington Issue#EN14-08281 Code Compliance Officer: Elijah Martin Housing Board of Appeals October 15, 2014 Page 14 of 15 Property owner, Courtney Williams, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. Williams noted he does not have the funds to complete the repairs at this time. Mr. Williams stated he is a first time home owner and does not have a plan. Dennis McKinley, Code Compliance Administrator, explained the process of affirming the order as written. Mr. Goodman made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed as written. Goodman-y Whitfield-y Harrison-y 44. 20 Webber St Issue#EN14-08321 Code Compliance Officer: Elijah Martin Property owner, Elaine Hadley, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Ms. Hadley stated she has started scraping and requested an extension to April 2015. Ms. Hadley has friends to help her paint. Mr. Goodman made a motion to grant an extension to April 14, 2015, seconded by Mr. Harrison. Extension granted. Goodman-y Whitfield-y Harrison-y 45. 359 Wentworth Issue#EN14-08505 Code Compliance Officer: Elijah Martin Property owner, Wayne De Pree, present. Elijah Martin, Code Officer, stated the violations were discovered during a routine property survey. Mr. De Pree has contacted Mr. Flanders from the Community Development Grant Program and he has also talked to CityLinc. Mr. De Pree also noted he has an appointment with CAA in December. Mr. Harrison made motion to grant an extension to January 20, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Whitfield-y Harrison-y 46. 839 Westover Issue#EN14-08086 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. Whitfield. Affirmed. Goodman-y Whitfield-y Harrison-y Housing Board of Appeals October 15, 2014 Page 15 of 15 47. 33 Whittier Issue#EN14-08308 Code Compliance Officer: Elijah Martin Complied 48. 39 Whittier Issue#EN14-08310 Code Compliance Officer: Elijah Martin Complied Public Comments: none Board and Staff Members Comments: Mr. McKinley clarified the process when affirming an order as written. Mr. McKinley also noted the property owner should come to the meeting with a plan of action. Mr. McKinley informed the Board about an upcoming training session. Adjournment: 4:30pm 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