Board of Appeals

BOARD OF APPEALS HEARING NOTICE AND AGENDA December 15, 2021 VIA Zoom Call to Order: 1:06pm Roll Call for Board Members: John Sims, LE Johnson, Peter Pontoni All were present from Battle Creek, MI, other than John Sims, who attended the meeting from Emmet Township MI Staff Members Present: Jason Francisco, Code Compliance Manager; Don Wilkinson, Building Official; Angie Hubbard, Secretary All present from Battle Creek MI Additions/Deletions to the Agenda: None Approval of Minutes: Dr. Johnson made a motion to approve the November 17, 2021 minutes, seconded by Mr. Pontoni. Approved. Dangerous Buildings Show Cause Hearings: a. 832 Edgehill Pl (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the Inspection was prompted from a police department call. The property was found uninhabitable, and the occupancy was revoked. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Pontoni motioned to affirm as written, second by Dr. Johnson. Affirmed b. 468 Hamblin Ave (House) Building Inspector: Don Wilkinson Property owner representative, Attorney Chad Spencer,present. Attourney Spencer attended the meeting from Battle Creek, MI. Don Wilkinson, Building Official, stated the property was heavily damaged by fire. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Attorney Spencer stated that Housing Board of Appeals July 21, 2021 Page 2 of 3 his client is fixing the roof and it should be completed by December 12, 2021 and the siding should be complete by Christmas. He also stated that the insurance company denied his claim. Mr. Wilkinson stated that there have been no permits pulled for the interior work. The property will need an on-site inspection. Mr. Pontoni motioned to affirm as written, second by Dr. Johnson. Affirmed c. 90 Highway (House) Building Inspector: Don Wilkinson Property owner not present. Don Wilkinson, Building Official, stated the property has been registered vacant since 2013. Owner has applied for a permit and is in the process of making corrections. Mr. Wilkinson stated the property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Pontoni motioned to affirm as written, second by Dr. Johnson. Affirmed d. 202 Graves (House) Building Inspector: Don Wilkinson Property owner, Andre Robinson, present. Mr. Robinson attended the meeting from Battle Creek, MI. Don Wilkinson, Building Official, stated the property was heavily damaged by fire in September. The property was affirmed as a Dangerous Building by the Dangerous Building Official. In its current condition, Mr. Wilkinson recommended affirming the property as a Dangerous Building. Mr. Robinson sated that the property was his father’s home. He wants to make the necessary repairs, but has been waiting on the insurance money. Mr. Pontoni motioned to affirm as written, second by Dr. Johnson. Affirmed New Business: 166 Goguac St W (House) Issue #EN21-04896 Compliance Officer: Yolanda Johnson. Mr. Jason Francisco spoke on behalf of Ms. Johnson. Housing Board of Appeals July 21, 2021 Page 3 of 3 Homeowner, Lee Cornish, present. Mr. Cornish attended the meeting from Abrams, WI. Mr. Francisco stated the issue come from a rental inspection in November 2020. He stated there were interior and exterior violations, and was heavily infested with roaches. Mr. Francisco stated the code officer couldn’t even complete the inspection due to all the roaches. He stated that the infestation compliance date was December 6, 2021 and that the City has not received any confirmation that the issue was resolved. Mr. Cornish stated Terminex was called to the property in the middle of November, and that they are due again for a 2nd round of clean up. He stated that he has health issues that have stopped him from coming to Battle Creek. Mr. Cornish stated that he has purchased smoke and carbon monoxide detectors and that the renters have been there for 6 years and are just filthy prople. Mr. Cornish requested a 60 day extension. Mr. Sims asked if the City had received anything about any of the interior violations being completed. Mr. Francisco stated that the City has received nothing from Terminex and will not go back in for re-inspection on the other violations until the infestation has been cleared. Mr. Pontoni asked if the violations were found from a complaint. Mr. Francisco stated violations were found during a rental inspections and that the rental permit expired in February 2021. Mr. Pontoni asked what happens if we do not grant an extension. Mr. Francisco stated a citation would be issued and it would go before the 10th District Court. Mr. Cornish stated that he paid is nephew $175 to fix the railing on back deck and he never did it. He again stated that his own health is not good. Mr. Pontonir asked Mr. Francisco what he suggested. Mr. Francisco stated that if the property was unoccupied, he may recommend granting the extension, but there are people living in those conditions. Mr. Pontoni motioned to deny the appeal, Dr. Johnson second. Appeal denied. Mr. Cornish asked if the renters had to move out. Mr. Francisco stated they did not, but the violations have to be corrected by the original January 3, 2022 compliance date. Public Comments: None Board and Staff Members Comments: Mr. Francisco reminded the Board that beginning in January 2022, meetings will go back to in-person. Adjournment: 1:30pm 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 /adh