Board of Ordinance Appeals I

LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, Michigan Chairman Pitrone called the meeting to order at 7:00 pm PRESENT: John Pitrone, Chairman, Kenneth Cooper, Vice-Chairman, Joseph DiGaetano, Secretary, Robert Ervin, Jennifer Hartson, Horst Hrinciuc, Code Enforcement Officer, Michael Viazanko, Building Official ABSENT: None RECORDING SECRETARY: Kimberly Stulz APPROVAL OF AGENDA Motion by Commissioner Cooper, supported by Commissioner Hartson to approve the agenda as presented. Yes: All. Absent: None. Motion carried. ACCEPTANCE OF THOSE NOTIFIED BY MAIL Mr. Viazanko indicated that he is in receipt of a list of people notified by mail of tonight’s meeting. CORRESPONDENCES Mr. Viazanko indicated that he had two correspondences for tonight. They are as follows: G12- 0060 and G12-0065; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0058 Zecchin, David 8307 New Bradford Blvd. Hearing on nuisance abatement at this location for overgrown grass/bushes, tree stump in need of removal (nuisance growth), non-conforming shed (no permit), fence in disrepair, debris – branches, wheelbarrow full of branches, loose trash and other miscellaneous items, outdoor storage – tires, ladders and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, some debris and outdoor storage was removed. He also asked that the shed be removed. The following violations still exist: overgrown grass/bushes, tree stump in need of removal (nuisance growth), non-conforming shed (no permit), fence in disrepair, debris – branches, wheelbarrow full of branches, loose trash and other miscellaneous items, outdoor storage – tires, ladders and other miscellaneous items. Pictures were shown at this time. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 8307 New Bradford Blvd and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0059 Ip, Robert & Shum 36658 Arlene Drive. Hearing on nuisance abatement at this location for roof in disrepair, improperly stored garbage cans and debris on side of garage. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The gutters and an overhang need repair. The following violations still exist: roof in disrepair, improperly stored garbage cans and debris on side of garage. Pictures were shown at this time. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 36658 Arlene Drive and to direct the Code Official to abate the violations identified in the attached staff report including repairing the gutters and overhang immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0060 Heuer, Mary 37156 Belcrest Drive. Hearing on nuisance abatement at this location for garage trim in need of paint. Memo received from Neighborhood Specialist, Robert Sergott stating that the nuisance has been abated and there is no further cause for action. G12-0061 Chehab, Mohamed 33686 Dequindre Road. Hearing on nuisance abatement at this location for debris – branch piles, loose trash, fence posts with cement, fallen trees and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, most of the debris has been removed and there is a trailer on site. The following violations still exist: debris – branch piles, loose trash, fence posts with cement, fallen trees and other miscellaneous items. Pictures were shown at this time. Chairman Pitrone asked if the entire property was vacant. Mr. Hrinciuc replied, yes. Mr. Aboud, the landscaper hired to clean up the property, asked for an extension. He said that the property is about 85% cleaned up and needed another week or two. But, he wasn’t quite sure what else needed to be done. Commissioner Cooper asked him if he was given a couple of weeks could he get it done. Mr. Aboud said, definitely. Chairman Pitrone let Mr. Aboud know that he needs to talk to the Code Enforcement Officer to clarify the outstanding violations. Mr. About agreed. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 33686 Dequindre Road and to direct the Code Official to abate the violations identified in the attached staff report after May 7, 2012. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0062 Deutsche Bank National Trust Co. 14234 Alpena Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, rusted clothes pole, house and garage trim in need of paint, stagnant pond, illegal shed, area beneath door wall in need of repair, improperly stored garbage cans, trash, outdoor storage & debris – bags of garbage, lawn ornaments, shovel, empty flower pots, cushions, plastic tables, well, plastic sheds and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, only these items remain: the landscaping issues, house & garage trim in need of paint and the area beneath the door wall needs repair. Pictures were shown at this time. Mr. Hamzek said he was concerned about the inside of the house for health and safety reasons. He said there is a leaky roof and believes it has to smell awful because of all the animals they had. Mr. Viazanko explained that we do not have the right to enter even on foreclosures. He recommends that buyers get a private inspection. Unfortunately, we don’t have the authority at this time. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 14234 Alpena Drive and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0063 Castillo, Ron/Federal National Mortgage Association 43551 Donley Drive. Hearing on nuisance abatement at this location for overgrown bushes, fence in disrepair, garage trim and garage in need of paint, debris – piles of leaves, branches, wooden pallets, beer cans, empty alcohol bottles and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. There are also weeds in the landscaped beds. The following violations still exist: overgrown bushes, fence in disrepair, garage trim and garage in need of paint, debris – piles of leaves, branches, wooden pallets, beer cans, empty alcohol bottles and other miscellaneous items. Pictures were shown at this time. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 43551 Donley Drive and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0064 Bank of NY Mellon 43320 Sauvignon Blvd. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, improperly stores hose, stagnant water in pond, debris – leaves, loose trash, lawn swing, rugs, cardboard box, shoes, pot, dilapidated lawn bench, tarp/air mattress, toys and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. There is also nuisance growth throughout the landscaping and a displaced screen. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, improperly stores hose, stagnant water in pond, debris – leaves, loose trash, lawn swing, rugs, cardboard box, shoes, pot, dilapidated lawn bench, tarp/air mattress, toys and other miscellaneous items. Pictures were shown at this time. Ms Caumartin, the real estate agent for this property, explained that they just got title to this property and they started working on it today. They just need a little more time to get the rest done. Commissioner Cooper asked how long they needed. She said a couple of weeks. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 43320 Sauvignon Blvd and to direct the Code Official to abate the violations identified in the attached staff report after May 7, 2012. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0065 PNC Bank, N.A. 37365 Hacker Drive. Hearing on nuisance abatement at this location for nuisance and weeds growth throughout, shed in disrepair (no permit), debris – metal, wood, branches, cinder blocks, lawn chairs, loose trash, concrete, paper, plastic and other miscellaneous items. Memo received from Code Enforcement Officer, Horst Hrinciuc stating that the nuisance has been abated and there is no further cause for action. G12-0066 Federal National Mortgage Association 33256 Chatsworth Drive. Hearing on nuisance abatement at this location for overgrown bushes/grass, improper pool barrier (gate in need of self locking/closing mechanism), illegal rusted storage structure, improperly stored hose, stagnant water in pool (no permit), rusted exhaust stack (no permit), improperly stored firewood, improper pool cover, debris – shoes, wood, piles of leaves, plastic, newspaper, flower pots, paper and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, some debris was removed. There are also weeds in landscaped beds, nuisance growth in the landscaping, the pool needs a safety cover and a gutter needs to be repaired. The following violations still exist: overgrown bushes/grass, improper pool barrier (gate in need of self locking/closing mechanism), illegal rusted storage structure, improperly stored hose, stagnant water in pool (no permit), rusted exhaust stack (no permit), improperly stored firewood, improper pool cover, debris – shoes, wood, piles of leaves, plastic, newspaper, flower pots, paper and other miscellaneous items. Pictures were shown at this time. Commissioner Cooper inquired if the new owner would be able to get a permit for the pool, for the way the pool is right now. Mr. Hrinciuc said he doesn’t think it would need to be removed. Commissioner DiGaetano asked about how he requested the stack be painted though he indicated that there was no permit for it. Mr. Hrinciuc stated that they don’t have right to entry and it will be something the new owner will have to straighten out. Chairman Pitrone asked whether it was up to code. Mr. Hrinciuc said he wasn’t certain especially since he doesn’t know what it was being used for. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 33256 Chatsworth Drive and to direct the Code Official to abate the violations identified in the attached report including repairing the gutter separation immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0067 Bank of NY Mellon 3137 Donna Drive. Hearing on nuisance abatement at this location for overgrown bushes, weeds in landscaped beds/cuts of cement, stagnant water in uncovered pool, rusted gutters, fence in disrepair, front gutter in need of repair, unsecured shed, roof shingles in disrepair, and overhead garage door unsecured. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there has been no change. He requested that the pool be removed and the area underneath it be restored. The following violations still exist: overgrown bushes, weeds in landscaped beds/cuts of cement, stagnant water in uncovered pool, rusted gutters, fence in disrepair, front gutter in need of repair, unsecured shed, roof shingles in disrepair, and overhead garage door unsecured. Pictures were shown at this time. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 3137 Donna Drive and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0068 Fannie Mae 33244 Richard O Drive. Hearing on nuisance abatement at this location for weeds and nuisance growth throughout property and in landscaped beds, graffiti in need of removal, missing downspout at rear of house, illegal shed (no permit). Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. There is nuisance growth throughout the landscaping. The following violations still exist: weeds and nuisance growth throughout property and in landscaped beds, graffiti in need of removal, missing downspout at rear of house, illegal shed (no permit). Pictures were shown at this time. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 33244 Richard O Drive and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0069 CitiMortgage, Inc. 38729 Harrison Drive. Hearing on nuisance abatement at this location for overgrown landscaping, improperly stored garbage cans and hose, basketball hoop/backboard in disrepair, house trim in need of paint, fire pit in need of removal, debris – hay bale, tarps, plastic, toys, lattice, brick, lawn mower, kiddie pool, gas can, balls, laundry basket, flower pots, loose trash, wood, logs and many other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. He asked that the basketball hoop be taken down. The following violations still exist: overgrown landscaping, improperly stored garbage cans and hose, basketball hoop/backboard in disrepair, house trim in need of paint, fire pit in need of removal, debris – hay bale, tarps, plastic, toys, lattice, brick, lawn mower, kiddie pool, gas can, balls, laundry basket, flower pots, loose trash, wood, logs and many other miscellaneous items. Pictures were shown at this time. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 38729 Harrison Drive and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. OLD BUSINESS - None NEW BUSINESS – None PUBLIC PARTICIPATION - None APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Hartson to approve Minutes of the March 26, 2012 regular meeting. Yes: All. Absent: None. Motion carried. Motion by Commissioner Cooper, supported by Commissioner Hartson to approve Minutes of the April 9, 2012 regular meeting. Yes: All. Absent: None. Motion carried. ADJOURNMENT Motion by Commissioner Cooper, supported by Commissioner Hartson to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 7:40pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals