Board of Appeals

BOARD OF APPEALS HEARING NOTICE AND AGENDA November 16, 2022 CITY HALL 10 N. DIVISION STREET 3RD FLOOR – ROOM 301 BATTLE CREEK MI 49014 Call to Order: 1:09 pm Roll Call for Board Members: Eric Blair, John Sims, LE Johnson Staff Members Present: Jason Francisco, Code Compliance Manager; Don Wilkinson, Building Official; Angela Sulak, Secretary Additions/Deletions to the Agenda: None Approval of Minutes: Mr. Sims made a motion to approve the October 19, 2022 minutes, second by Mr. Johnson. Approved. Dangerous Buildings Show Cause Hearings: a. 396 Upton (House) Issue EN20-06997 Building Inspector: Don Wilkinson Property owner, not present. Mr. Wilkinson stated that the property has violations from the safety inspection conducted in August and 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. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed b. 144 Wilds (House) Issue EN13-01622 Building Inspector: Don Wilkinson Property owner, not present. Mr. Wilkinson stated that the property has been registered vacant since 2013 and 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. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed c. 64 Euclid Issue EN20-09329 Housing Board of Appeals November 16, 2022 Page 2 of 3 Building Inspector: Don Wilkinson Property owner, not present. Mr. Wilkinson stated that the property has been registered vacant since 2020 and 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. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed d. 38 Margaret (House) Issue EN22--09182 Building Inspector: Don Wilkinson Property owner, not present. Mr. Wilkinson stated that the property has violations from the safety inspection conducted in September and 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. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed e. 231 South Ave (House) EN17-13055 Building Inspector: Don Wilkinson Property owner, John Kenefick, present. Mr. Wilkinson stated the property has been registered vacant since 2017 and 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. Kenefick stated that he does have other properties going through repairs and has not had the time to make all the repairs to this property. He said that he has repaired the chimney, windows and screens. His plan is to eventually make it operational. Mr. Kenefick disputes the Dangerous Building affirmation and would like to postpone this or remove it. Mr. Blair asked that if it goes on the Dangerous Buildings list, does it stop Mr. Kenefick from doing repairs? Mr. Francisco stated it does not, but it does require a safety inspection which has not been scheduled. Mr. Sims asked if the property has active gas, electric, and water? Mr. Kenefick replied, “No, why would I?” Mr. Blair stated that the property was affirmed based Housing Board of Appeals November 16, 2022 Page 3 of 3 on the definitions within the ordinance. He then asked Mr. Kenefick if something has changed that would prevent it from meeting those definitions? Mr. Kenefick stated he sees no structural problems. Mr. Sims motioned to affirm as written, second by Mr. Johnson. Affirmed New Business: Public Comments: None Board and Staff Members Comments: None Adjournment: 1:32 pm 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 /ads