Board of Appeals

HOUSING BOARD OF APPEALS HEARING NOTICE AND AGENDA May 20, 2015 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:07pm Roll Call for Board Members: Anthony Goodman, Stan Chubinski, Robert Whitfield Staff Members Present: Don Wilkinson, Building Inspector; Jeanette Cook, Senior Code Officer; Jason Francisco, Senior Code Officer; Eric Morris, Senior Code Officer; Elijah Martin, Senior Code Officer; Dennis McKinley, Code Compliance Administrator; Lisa Silkworth, Secretary Additions/Deletions to the Agenda: Remove 115 Marjorie, 180 N Woodlawn, 393 Capital Ave SW, 91 Frisbie, and 173 Grand Blvd. Approval of Minutes: Minutes from 4/15/15. Mr. Goodman made a motion to approve the minutes from the April 15, 2015, seconded by Mr. Whitfield. Approved. Old Business: 1. 459 W Territorial Issue#EN14-24777 Code Compliance Officer: Elijah Martin Property owner, Raymond Otis, present. Elijah Martin, Senior Code Officer, reported the property came before the board previously but the owner needs more time. Mr. Otis stated he needs sixty days to finish the work. Mr. Martin recommended granting sixty days. Mr. Goodman made a motion to grant an extension to July 14, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Dangerous Buildings Show Cause Hearings: a. 54 Bennett (House) Issue#EN15-00565 Building Inspector: Don Wilkinson Housing Board of Appeals May 20, 2015 Page 2 of 10 Property owner, not present. Don Wilkinson, Building Inspector, noted the property is vacant and lacks maintenance. Mr. Wilkinson recommended affirming it as a dangerous building. Mr. Chubinski 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 b. 156 Cherry St (House) Issue#EN15-00713 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the city was called to the property by the police department. The property lacks maintenance and is need of repair. Mr. Wilkinson recommended affirming it as a dangerous building. Mr. Chubinski 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 c. 12 First St (House) Issue#EN15-00564 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, noted the property was heavily damaged by fire. Mr. Wilkinson recommended affirming it as a dangerous building. Mr. Goodman made a motion to affirm the property as a dangerous building due to no owner present, seconded by Mr. Chubinski. Affirmed Goodman-y Chubinski-y Whitfield-y New Business: 1. 298 Hubbard St Issue#EN14-13806 Code Compliance Officer: Jeanette Cook Property owner, Imogene Glass, present. Jeanette Cook, Senior Code Officer, reported the exterior violations were noted during a routine survey. Ms. Glass stated she needed more time. Ms. Glass was hoping for thirty days. Ms. Cook recommended granting a thirty day Housing Board of Appeals May 20, 2015 Page 3 of 10 extension. Mr. Whitfield made a motion to grant an extension to June 16, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y 2. 3188 Capital Ave SW Issue#EN15-00686 Code Compliance Officer: Jason Francisco Property owner, Richard L. Turner, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Turner stated he intends to tear the house down. Mr. Turner requested more time to get the tenant out and have an asbestos survey done. Mr. Francisco recommended granting a sixty day extension. Mr. Chubinski made a motion to grant an extension to July 14, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski- y Whitfield-n 3. 109 Marjorie Issue#EN14-11259 Code Compliance Officer: Jason Francisco Property owner, Jennifer Morse, present. Jason Francisco, Senior Code Officer, stated the exterior violations were noted during a property survey. Ms. Morse stated she needs more time to finish the painting. She has already taken down the shed. Mr. Francisco recommended granting a sixty day extension. Mr. Whitfield made a motion to grant an extension to July 14, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y 4. 115 Marjorie Issue#EN14-11267 Code Compliance Officer: Jason Francisco Removed 5. 131 N 28th Issue#EN14-13397 Code Compliance Officer: Eric Morris Housing Board of Appeals May 20, 2015 Page 4 of 10 Property owner, not present. Mr. Whitfield made a motion to affirm the order as written due no owner present, seconded by Mr. Goodman. Affirmed Goodman-y Chubinski-y Whitfield-y 6. 106 N Bedford Issue#EN14-03943 Code Compliance Officer: Eric Morris Property owner, Gregory Ludwick, present. Eric Morris, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Morris recommended granting a sixty day extension. Mr. Ludwick stated a sixty day extension would help. Mr. Ludwick is seeking assistance through CAA. Mr. Chubinski made a motion to grant an extension to July 14, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski- y Whitfield-y 7. 1790 W Highland Blvd Issue#EN14-16860 Code Compliance Officer: Eric Morris Property owner, Nancy Anderson, present. Eric Morris, Senior Code Officer, noted the exterior violations were discovered during a property survey. Ms. Anderson stated she has hired a contractor. Ms. Anderson stated there are window repairs that need to be made before it can be painted. Mr. Morris recommended a sixty day extension. Mr. Chubinski made a motion to grant an extension to July 14, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y 8. 1787 W Michigan Ave Issue#EN14-009927 Code Compliance Officer: Eric Morris Property owner, James Greer, present. Eric Morris, Senior Code Officer, reported the violations were cited from a property survey in 2014. Mr. Morris recommended granting a thirty day extension. Mr. Greer stated he is seeking assistance and needs more time. He is has medical issues. Mr. Morris stated he could get help from CAA and their grant program. Mr. Whitfield made a motion to grant an extension to June 16, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski- y Whitfield-y Housing Board of Appeals May 20, 2015 Page 5 of 10 9. 180 N Woodlawn Issue#EN14-27033 Code Compliance Officer: Eric Morris Removed 10. SW Capital Issue#EN15-01284 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. Whitfield. Affirmed Goodman-y Chubinski-y Whitfield-y 11. 393 Capital Ave SW Issue#EN15-01285 Code Compliance Officer: Elijah Martin Removed 12. 295 Eldred St Issue#EN15-00298 Code Compliance Officer: Elijah Martin Property owner, Christopher Eggleston, present. Elijah Martin, Senior Code Officer, reported the exterior violations were noted during a property survey. Mr. Eggleston stated he intends to make the corrections but was waiting on his tax return to pay for it. Mr. Eggleston intends to hire a contractor and has a copy of the bid. Mr. Whitfield made a motion to grant an extension to June 16, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y 13. 91 Frisbie Ave Issue#EN14-03796 Code Compliance Officer: Elijah Martin Removed Housing Board of Appeals May 20, 2015 Page 6 of 10 14. 173 Grand Blvd Issue#EN14-04197 Code Compliance Officer: Elijah Martin Removed 15. 29 Highland Blvd Issue#EN14-04806 Code Compliance Officer: Elijah Martin Property owner, Sandra Lincoln, present. Elijah Martin, Senior Code Officer, reported the exterior violations were noted during a property survey. Ms. Lincoln stated the railings need to scraped and painted. Ms. Lincoln is on a limited income and needs assistance. Mr. Chubinski made a motion to grant an extension to June 16, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski- y Whitfield-y 16. 532 Lakeview Ave Issue#EN15-00178 Code Compliance Officer: Elijah Martin Property owner, Victoria Rust, present. Elijah Martin, Senior Code Officer, stated the exterior violations were discovered during the property survey process. Ms. Rust stated she intends to make the corrections and is looking for more time. Ms. Rust is looking for an extension to mid- summer. Mr. Goodman made a motion to grant an extension to July 14, 2015, seconded by Mr. Chubinski. Extension granted. Goodman-y Chubinski-y Whitfield-y 17. 15 Roe Issue#EN15-01354 Code Compliance Officer: Elijah Martin Property owner, not present. Mr. Whitfield 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 Housing Board of Appeals May 20, 2015 Page 7 of 10 18. 9 Summer St Issue#EN15-00699 Code Compliance Officer: Elijah Martin Property owner, Steve Jenkins, present. Elijah Martin, Senior Code Officer, stated the exterior violations were noted during the rental inspection. Mr. Martin noted peeling paint, missing siding and other violations. Mr. Jenkins stated the house was painted in the fall but not the fascia/soffit. Mr. Jenkins felt it could be done by July 14, 2015. Mr. Whitfield made a motion to grant an extension to July 14, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y 19. 9 Summer St (Apt 3) Issue#EN15-01290 Code Compliance Officer: Elijah Martin Property owner, Steve Jenkins, present. Elijah Martin, Senior Code Officer, noted the violations were noted during a rental complaint inspection. Mr. Jenkins wanted clarification on if a tenant takes down a smoke alarm why does the landlord get sighted. Mr. Chubinski stated it is the landlord’s responsibility. Mr. Jenkins questioned why it is his responsibility and not the tenant’s responsibility. Mr. Martin noted the toilet was not working and the hot and cold water was not straight. Mr. Jenkins stated the clogged pipes are fixed. Mr. Martin noted the tenant had done some cleaning also. Mr. Goodman made a motion to grant an extension to July 14, 2015, seconded by Mr. Chubinski – contingent upon the hot/cold water being fixed in the next three days. Extension granted. Goodman-y Chubinski-y Whitfield-y 20. 119 Winter St Issue#EN14-08680 Code Compliance Officer: Elijah Martin Property owner, Lance Mansfield, present. Elijah Martin, Senior Code Officer, stated the violations were noted during the property survey. Mr. Mansfield stated he wants to side the house but is trying to get the money together. Mr. Martin stated the whole house does not need to be painted, just some touch up. Mr. Mansfield is looking for sixty days. Mr. Chubinski made a motion to grant an extension to July 14, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y Housing Board of Appeals May 20, 2015 Page 8 of 10 21. 130 Winter St Issue#EN14-08686 Code Compliance Officer: Elijah Martin Property owner, Mitchell Scantlen, present. Elijah Martin, Senior Code Officer, stated the exterior violations. Mr. Scantlen requested a bit more time. Mr. Whitfield made a motion to grant an extension to June 16, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski- y Whitfield-y 22. 133 Winter St Issue#EN14-08687 Code Compliance Officer: Elijah Martin Property owner, not present. Mr. Whitfield made a motion to affirm the oprder as written due to no owner present, seconded by Mr. Goodman. Affirmed Goodman-y Chubinski- y Whitfield-y 23. 161 Winter St Issue#EN14-08699 Code Compliance Officer: Elijah Martin Property owner, Sharon Faris, present. Elijah Martin, Senior Code Officer reported the exterior violations were noted during a property survey. Ms. Faris stated she need more time maybe thirty days. Mr. Whitfield made a motion to grant an extension to June 16, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski- y Whitfield-y 24. 183 Winter St Issue#EN14-08787 Code Compliance Officer: Elijah Martin Property owner, Carol Keagle, present. Elijah Martin, Senior Code Officer reported the exterior violations were noted during a property survey. Ms. Keagle requested a thirty day extension. Mr. Goodman made a motion to grant an extension to June 16, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski-y Whitfield-y Housing Board of Appeals May 20, 2015 Page 9 of 10 25. 188 Winter Issue#EN14-08789 Code Compliance Officer: Elijah Martin Property owner, Mark Everhart, present. Elijah Martin, Senior Code Officer reported the exterior violations were noted during a property survey. Mr. Everhart stated he needed more time. Mr. Goodman made a motion to grant an extension to June 16, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski- y Whitfield-y 26. 192 Winter St Issue#EN14-25648 Code Compliance Officer: Elijah Martin Property owner, Trena Hill, present. Elijah Martin, Senior Code Officer reported the exterior violations were noted during a property survey. Ms. Hill stated her neighbor was willing to help her when he was done with his house. Mr. Whitfield made a motion to grant an extension to July 14, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski- y Whitfield-y 27. 207 Winter Issue#EN14-08797 Code Compliance Officer: Elijah Martin Property owner, Shelley Hoover, present. Elijah Martin, Senior Code Officer reported the exterior violations were noted during a property survey. Ms. Hoover stated they need more time. Ms. Hoover stated they are teachers and their check comes in mid-July. Ms. Hoover requested an extension to August. Mr. Whitfield made a motion to grant an extension to July 14, 2015, seconded by Mr. Goodman. Extension granted. Goodman-y Chubinski-y Whitfield-y 28. 21 S Woodrow Issue#EN14-08818 Code Compliance Officer: Elijah Martin Property owner, Michael S McGinnis Jr., present. Elijah Martin, Senior Code Officer reported the exterior violations were noted during a property survey. Mr. McGinnis Jr. stated he has paid the back taxes and is trying to get the money to make the repairs. Mr. McGinnis Jr also noted he works out of state all week. Mr. McGinnis Jr requested a sixty day extension. Mr. Housing Board of Appeals May 20, 2015 Page 10 of 10 Chubinski made a motion to grant an extension to July 14, 2015, seconded by Mr. Whitfield. Extension granted. Goodman-y Chubinski- y Whitfield-y Public Comments: none Board and Staff Members Comments: Mr. McKinley clarified a comment about an exhaust fan in a bathroom. The Board discussed smoke alarms and whose responsibility it is to maintain them. Adjournment: 3:05pm 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