Board of Appeals

BOARD OF APPEALS HEARING MINUTES July 27, 2016 CITY HALL 10 N. DIVISION STREET COMMISSION CHAMBERS 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:03pm Roll Call for Board Members: Stan Chubinski, Robert Whitfield, Kara Werner, Eric Blair, John W Sims Jr Staff Members Present: Jason Francisco, Code Compliance Manager; Don Wilkinson, Building Inspector; Todd Nowicki, Senior Code Officer; Tom Engels, Senior Code Officer; Eric Morris, Senior Code Officer; Jeanette Cook, Senior Code Officer; Lisa Silkworth, Secretary Approval of Revised By-Laws: A motion to approve the revised by-laws was made by Ms. Werner, seconded by Mr. Blair. Approved Additions/Deletions to the Agenda: Remove 340 Lakeview Approval of Minutes: Mr. Whitfield made a motion to approve the minutes from the June 15th, 2016 meeting, seconded by Ms. Werner. Approved. Old Business: none Dangerous Buildings Show Cause Hearings: a. 99 Clay St (House) Issue#EN16-01614 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the property had been severely damaged by fire and recommended it be affirmed as a Dangerous Building. Ms. Werner made a motion to affirm the property as a Dangerous Building, seconded by Mr. Sims. Affirmed Werner-y Blair-y Chubinski-y Whitfield-y Sims-y Housing Board of Appeals July 27, 2016 Page 2 of 9 b. 47 S Kendall (House) Issue#EN16-02036 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the house has been vacant for over 180 days, lacks utilities, and lacks maintenance. Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Ms. Werner. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y c. 91 N McKinley (House) Issue#EN16-00449 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the house has been vacant for over 180 days, lacks utilities, and lacks maintenance. Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Ms. Werner. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y d. 116 Nelson (House) Issue#EN16-01523 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the house has been vacant for over 180 days, lacks utilities, and had a wall collapse in the foundation. Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Ms. Werner. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y e. 254 Upton (House) Issue#EN16-01296 Building Inspector: Don Wilkinson Housing Board of Appeals July 27, 2016 Page 3 of 9 Property owner, not present. Don Wilkinson, Building Inspector, stated the house has been vacant for over 180 days, lacks utilities, and lacks maintenance. Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Ms. Werner. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y f. 430 W Van Buren (House) Issue#EN16-01095 Building Inspector: Don Wilkinson Property owner, not present. Don Wilkinson, Building Inspector, stated the house has been vacant for over 180 days, lacks utilities, and lacks maintenance. Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Whitfield made a motion to affirm the property as a Dangerous Building, seconded by Ms. Werner. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y New Business: 1. 369 N Bedford Issue#EN16-03473 Code Compliance Officer: Don Wilkinson Property owner, Attorney Kent Bieberich, present. Jason Francisco, Code Compliance Manager, stated the property violations were discovered during a mechanical inspection. Mr. Francisco stated the interior had been altered and had been used as a grow operation. Atty. Bieberich noted there were approved improvements and there were also some date discrepancies and noted that his client did not use the property as a grow operation. Don Wilkinson, Building Inspector, noted the exterior violations were approved not interior. Atty. Bieberich stated he was appealing the code violations. Mr. Wilkinson stated it was not the City’s responsibility to tell the home owner how to fix the home. Mr. Wilkinson stated the owner can hire an engineer or Housing Board of Appeals July 27, 2016 Page 4 of 9 architect to formulate plans to make the corrections. Mr. Whitfield made a motion to grant thirty days to arrange for plans and permits to be started. Atty. Bieberich stated there was a Lis Pendas placed against the property. Mr. Wilkinson asked City Attorney Marcel Stoetzel about the forfeiture and time clarification. Mrs. Werner questioned if the owner bought the property in that condition. Mr. Wilkinson recommended a thirty-day extension so that the property owner may obtain the appropriate plans. Mr. Whitfield made a motion to grant an extension to September 20, 2016, seconded by Mr. Sims. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 2. 90 N Division Issue#EN16-04312 Code Compliance Officer: Todd Nowicki Property owner, Jaykumal Patel, present. Todd Nowicki, Senior Code Officer, stated the violations were noted during an inspection. Mr. Nowicki stated there were still violations at the property. Mr. Patel argued that the trash has been taken care of and Mr. Nowicki stated it has not. Mr. Patel is requesting a sixty-day extension. Mr. Whitfield made a motion to grant an extension to September 20, 2016, seconded by Mr. Sims. Extension granter. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 3. 153 Laurel Issue#EN16-02727 Code Compliance Officer: Todd Nowicki Property owner, Pamela Ingalls, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Mr. Nowicki stated the front had been completed. Mrs. Ingalls is requesting an extension to October. Mr. Whitfield made a motion to grant an extension to October 18, 2016, seconded by Ms. Werner. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y Housing Board of Appeals July 27, 2016 Page 5 of 9 4. 216 N McKinley Issue#EN16-02730 Code Compliance Officer: Todd Nowicki Property owner, Freda Smith, present. Todd Nowicki, Senior Code Officer, stated the exterior violations were noted during a property survey. Ms. Smith stated she needed more time and had contacted Neighborhood Inc. Ms. Smith stated she is also on disability. Mr. Sims made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 5. 52 Fonda Ave Issue#EN16-03167 Code Compliance Officer: Tom Engels Property owner, Matthew Mitchell, present. Tom Engels, Senior Code Officer, stated the exterior violations were noted during a property survey. Mrs. Mitchell requested an extension of sixty days and noted some work had been done. Mr. Sims made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 6. 75 N Hinman Issue#EN16-01696 Code Compliance Officer: Eric Morris Property owner, Michael Mikolayczyk, present. Eric Morris, Senior Code Officer, stated the violations were noted to a previous owner and Mr. Mikolayczyk is the new owner. Mr. Mikolayczyk stated he needs more time and does plan to repair the roof. Mr. Mikolayczyk also noted the shed had been removed. Mr. Mikolayczyk stated he needed more time. Ms. Werner made a motion to grant an extension to Housing Board of Appeals July 27, 2016 Page 6 of 9 October 18, 2016, seconded by Mr. Sims. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 7. 102 Mosher Ave Issue#EN16-01592 Code Compliance Officer: Eric Morris Property owner, Bobbie Joe White, present. Eric Morris, Senior Code Officer, stated the violations were noted to a complaint inspection. Mr. Morris stated no work had been noted at this time. Mr. White requested an extension of sixty days due to the weather. Ms. Werner made a motion to grant an extension to October 18, 2016, seconded by Mr. Whitfield. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 8. 229 Beckwith Issue#EN16-02303 Code Compliance Officer: Jeanette Cook Property owner, Gregory Shaw, present. Jeanette Cook, Senior Code Officer, stated the violations were noted to a property survey. Mr. Shaw stated a permit had already been pulled for the roof and the siding will be next. Mr. Shaw stated the contractor was doing his next. Mr. Sims made a motion to grant an extension to October 18, 2016, seconded by Ms. Werner. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 9. 59 Greenwood Issue#EN16-03308 Code Compliance Officer: Jeanette Cook Property owner, Sonja Woodson, present. Jeanette Cook, Senior Code Officer, stated the violations noted was for the garage and were noted during a property survey. Ms. Woodson stated she is trying to find assistance. Ms. Werner Housing Board of Appeals July 27, 2016 Page 7 of 9 made a motion to grant an extension to October 18, 2016, seconded by Mr. Blair. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 10. 27 Jordan Issue#EN16-02411 Code Compliance Officer: Jeanette Cook Property owner, Leonard Davidson, present. Jeanette Cook, Senior Code Officer, stated the roof needed to be repaired. Mr. Davidson stated he had a tarp and a contractor had ripped it off while doing an estimate. Mr. Davidson stated he currently trying to get financial assistance through several different agencies. Mr. Davidson is requesting more time. Mr. Davidson did not know of the violations prior to purchasing the home. Mr. Davidson purchased the property from the Calhoun County Land Bank. Mr. Davidson stated he does intend to repair the property. Mr. Davidson requested a ninety-day extension. Mr. Whitfield made a motion to grant an extension to October 18, 2016, seconded by Ms. Werner. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-abstained 11. 105 Jordan Issue#EN16-02412 Code Compliance Officer: Jeanette Cook Property owner, not present. Jeanette Cook, Senior Code Officer, stated the exterior violations were noted and no progress has been made as of this date. Mr. Whitfield made a motion to affirm the order as written due to no owner present, seconded by Ms. Werner. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 12. 38 Hubbard Issue#EN16-02410 Code Compliance Officer: Jeanette Cook Housing Board of Appeals July 27, 2016 Page 8 of 9 Property owner, Tamera King, present. Jeanette Cook, Senior Code Officer, stated the violations noted were exterior. Ms. King stated she need a little more time to make the repairs. Mr. Blair made a motion to grant an extension to September 20, 2016, seconded by Ms. Werner. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 13. 515 Week Ave Issue#EN15-00868 Code Compliance Officer: Jeanette Cook Property owner, Sheryl Stark, present. Jeanette Cook, Senior Code Officer, stated the violations were noted to a rental inspection. Mrs. Stark stated the interior violations were corrected and requested more time for the exterior items. Ms. Werner made a motion to grant an extension to September 20, 2016, seconded by Mr. Blair. Extension granted. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 14. 223 Grove Issue#EN16-01468 Code Compliance Officer: Elijah Martin Property owner, not present. Tom Engels, Senior Code Officer, stated the violations had not been corrected. Ms. Werner made a motion to affirm the order as written, seconded by Mr. Blair. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y 15. 340 Lakeview Ave Issue#EN16-02060 Code Compliance Officer: Elijah Martin REMOVED Housing Board of Appeals July 27, 2016 Page 9 of 9 16. 86 Upton Ave Issue#EN16-00804 Code Compliance Officer: Elijah Martin Property owner, not present. Tom Engels, Senior Code Officer, stated the violations had not been corrected. Ms. Werner made a motion to affirm the order as written, seconded by Mr. Whitfield. Affirmed. Werner-y Blair-y Chubinski-y Whitfield-y Sims-y Public Comments: none Board and Staff Members Comments: Ms. Werner welcomed the two members to the board. Adjournment: 2:30pm 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