Board of Appeals

HOUSING BOARD OF APPEALS HEARING MINUTES December 17, 2014 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:03 Roll Call for Board Members: Tony Goodman, Stan Chubinski, Andy Harrison, Robert Whitfield Staff Members Present: Elijah Martin, Code Officer; Dennis McKinley, Code Compliance Administrator; Lisa Silkworth, Secretary; Don Wilkinson, Building Inspector; Marcie Gillette, Neighborhood Services Manager Additions/Deletions to the Agenda: none Approval of Minutes: Mr. Goodman made a motion to approve the minutes from the November 19, 2014, seconded by Mr. Whitfield. Approved. Old Business: 25 Highway St Issue#EN14-05017 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 Property owner, Ann Lawson, showed up late. Mr. Whitfield made a motion to re-visit the case with the property owner present, seconded by Mr. Goodman. Case re-opened. Ms. Lawson stated she is seeking assistance but keeps running into problems with the house insurance. Ms. Lawson needs insurance to get assistance but the house needs repairs and therefore the insurance keeps cancelling her policy. Ms. Lawson stated she will get her plan in writing. Dennis McKinley, Code Compliance Administrator, speaking for Jason Francisco, Senior Code Officer, stated the property owner should have come to the meeting with a plan of action. Mr. McKinley recommended the board affirm the order as written. Mr. Whitfield made a motion to affirm the order as written, seconded by Mr. Goodman. Affirmed as written. Goodman-y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals December 17, 2014 Page 2 of 6 Dangerous Buildings Show Cause Hearings: a. 30 E Burnham (Commercial) Issue#EN14-25330 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property was heavily damaged by fire and he has had no contact with the owner. Mr. Wilkinson recommended affirming the property as a dangerous building. Mr. Harrison made a motion to affirm the property as a dangerous building, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harrison-y b. 555 - 561E Michigan Ave (Commercial) Issue#EN14-25301 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, reported the property lacks maintenance, and is in need of serious repairs. Mr. Wilkinson recommended affirming it as a dangerous building and moving it through the process. Mr. Harrison made a motion to affirm it as a dangerous building, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harrison-y c. 545 E Michigan Ave (Commercial) Issue#EN14-25303 Building Inspector: Don Wilkinson Property owner, Bettie Robertson, present. Don Wilkinson, Building Inspector, reported the building is need of repairs, lacks utilities, and lacks property maintenance. The cost estimate of repairs is $191,898 and an SEV of $21,148. Ms. Robertson stated the search warrant lacks probable cause. Mr. Wilkinson stated the magistrate sign the search warrant. Ms. Robertson stated she wants copies of the photos. Mr. Wilkinson recommended affirming it as a dangerous building and moving it through the process. Ms. Robertson has an estimate for roof repair. Ms. Robertson objected to the photos being shown. Mr. Whitfield made a motion to affirm it as a dangerous building and moving it through the process, seconded by Mr. Goodman. Affirmed. Goodman-y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals December 17, 2014 Page 3 of 6 d. 233 N Wood (House) Issue#EN14-06263 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the property lacks utilities, has been vacant more than 180 days, and lacks maintenance. Mr. Wilkinson recommends affirming it as a dangerous building and moving it through the process. Mr. Goodman made a motion to affirm it as a dangerous building, seconded by Mr. Whitfield. Affirmed. Goodman-y Chubinski-y Whitfield-y Harrison-y New Business: 1. 534 Capital Ave SW Issue#EN14-26265 Code Compliance Officer: Elijah Martin Property owner, Virginia Hoenes, present. Elijah Martin, Code Officer, reported the exterior violations were found during a routine property survey. Ms. Hoenes stated she has an estimate for the repair work. Ms. Hoenes stated the contractor should be there in a few weeks depending on the weather. Mr. Martin recommended granting a sixty day extension. Mr. Goodman made a motion to grant an extension to February 17, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y 2. 538 Capital Ave SW Issue#EN14-26263 Code Compliance Officer: Elijah Martin Property owner, Virginia Hoenes, present. Elijah Martin, Code Officer, reported the exterior violations were found during a routine property survey. Ms. Hoenes stated she has an estimate for the repair work. Mr. Martin stated this property has a little more work required than the previous address. Mr. Chubinski made a motion to grant an extension to February 17, 2015, seconded by Mr. Goodman. Extension granted Goodman-y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals December 17, 2014 Page 4 of 6 3. 84 Grand Blvd Issue#EN14-26664 Code Compliance Officer: Elijah Martin Property owner, not present. Elijah Martin, Code Officer, stated the owner had been in contact and plans on making the repairs. 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 4. 129 Grand Blvd Issue#EN14-04180 Code Compliance Officer: Elijah Martin Property owner, Justin Strunk, present. Elijah Martin, Code Officer, reported the exterior violations were noted during a routine property survey. Mr. Strunk stated he has an estimate from Hanson’s for the roof repair. Mr. Strunk is working on financing for the repairs as well. Mr. Goodman made a motion to grant extension to February 17, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y 5. 196 Highland Ave Issue#EN14-26020 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 Chubinski-y Whitfield-y Harrison-y 6. 17 Randolph Issue#EN14-05406 Code Compliance Officer: Elijah Martin Property owner, Richard Cook, present. Elijah Martin, Code Officer, reported the exterior violations were noted during a routine property survey. Mr. Cook stated he intends to make the repairs but needs more time. Mr. Cook stated the roof does leak and he will pull the permit for the roof repair. Mr. Martin recommended granting a thirty day extension. Mr. Chubinski made a motion to grant an extension to January 20, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y Housing Board of Appeals December 17, 2014 Page 5 of 6 7. 280 Spring St Issue#EN14-22934 Code Compliance Officer: Elijah Martin Property owner, not present. Property owner provided a written appeal. Elijah Martin, Code Officer, reported the violations were noted during a routine rental inspection. Mr. Martin recommended affirming the order as written. Mr. Goodman made a motion to affirm the order as written, seconded by Mr. Harrison. Affirmed Goodman-y Chubinski-y Whitfield-n Harrison-y 8. 17 Terrace Ave Issue#EN14-07462 Code Compliance Officer: Elijah Martin Property owner, Melinda Easterday, present. Elijah Martin, Code Officer, reported the exterior violations were noted during a routine property survey. Ms. Easterday noted she is unable to finishing the painting as she is pregnant. Ms. Easterday stated she plans to demolish the garage. Ms. Easterday stated she is seeking assistance. Mr. Martin recommended granting a thirty day extension. Mr. Chubinski made a motion to grant an extension to January 20, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y 9. 41 Terrace Ave Issue#EN14-07471 Code Compliance Officer: Elijah Martin Property owner, Thomas Holevinski, present. Elijah Martin, Code Officer, reported the exterior violations were noted during a routine property survey. Mr. Holevinski requested an extension until June 2015. Mr. Martin noted a permit will be required for the repairs. Mr. Holevinski stated he could pull a permit in the next thirty days. Mr. Goodman made a motion to grant an extension to January 20, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Harrison-y Public Comments: none Housing Board of Appeals December 17, 2014 Page 6 of 6 Board and Staff Members Comments: Mr. McKinley commented on the time frame of mailing letters for Dangerous Building notifications. Mr. McKinley noted the board will need to vote on a chairperson at the January meeting. Adjournment: 2:10pm 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