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Board of Ordinance Appeals I

Regular Meeting

Sterling Heights, MI · May 14, 2012

AgendaMinutes

Minutes

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS May 14, 2012 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, David Bean, Plumbing Inspector/Code Enforcement Officer 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 eight correspondences for tonight. They are as follows: G12-0071, G12-0076, G12-0077, G12-0079, G12-0083, G12-0085, G12-0089 and G12-0092; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0070 Lanni, Anthony 43545 Sunnypoint Drive. Asking Board approval to erect a 6’ privacy fence in the secondary front yard setback of Leafdale Drive. Mr. Lanni stated he was requesting the fence for the safety of his children. The intersection where he lives is quite busy. He also plans to install a playscape, pool and shed. He wants to make sure he can help keep strangers out. Chairman Pitrone asked about the fence being a 6’ sight obscuring fence and that the fence will at least 5’ to 6’ from the garage. Mr. Lanni said that was correct. Commissioner Cooper asked about the trees and whether they were going to obstruct the installation of the fence. Mr. Lanni looked at the aerial map with Commissioner Cooper and showed him that the main trees of concern are on the property behind him. Commissioner Cooper let him know that if he intended to put a pool in that he should put the proper latching on the gate now. Both Commissioner Cooper and Chairman Pitrone agreed that they didn’t see a problem with this fence. Chairman Pitrone asked about the concrete walkway. Mr. Lanni said he is going to put a 4’ gate there. Chairman Pitrone pointed out that it was not in the drawing like that. He asked if it would be locked. Mr. Lanni said, yes. Motion by Commissioner Cooper, Supported by Commissioner Hartson to approve case G12- 0070 at 43545 Sunnypoint Drive providing 1 – that the petitioner agrees to abide by and comply with all applicable rules and regulations and orders of every lawful agency or governing authority having jurisdiction, 2 – that the decision of the board will remain valid and in force only as long as the facts and information presented to the board in public hearing are found to be correct and that the conditions upon which the motion is based are maintained as presented to the board. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0071 Babisz, Michael & Gloria 3229 Barton Drive. Hearing on nuisance abatement at this location for roofing materials on roof, open trailer with debris on driveway, outdoor storage – plows on driveway. Memo received from Neighborhood Specialist, Robert Sergott stating that the nuisance has been abated and there is no further cause for action. G12-0072 Young-Crombez, Liza M. 8757 Roman Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds throughout (cuts of pavers, landscaped areas, side & rear yards), improperly stored hose, open hazardous structure in rear yard, gutters/downspouts & downspout extensions missing, trim above door wall missing, roof trim in need of paint, unpainted boarded door wall, uncovered unkempt in ground pool (stagnant water, torn liner), improperly stored garbage can, junk & debris – lattice, plastic, pool accessories, aluminum cans, stone and other miscellaneous items. David Bean, Plumbing Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: overgrown grass and bushes, weeds throughout (cuts of pavers, landscaped areas, side & rear yards), improperly stored hose, open hazardous structure in rear yard, gutters/downspouts & downspout extensions missing, trim above door wall missing, roof trim in need of paint, unpainted boarded door wall, uncovered unkempt in ground pool (stagnant water, torn liner), improperly stored garbage can, junk & debris – lattice, plastic, pool accessories, aluminum cans, stone and other miscellaneous items. Pictures were shown at this time. Mr. Viazanko let the Board know that he is requiring a safety cover to be installed on the pool because it’s an unsafe structure. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 8757 Roman 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. G12-0073 Dowling, Aric 38453 Tottenham Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extensions, soffit in need of painting (south end), gutters filled with debris, fence in disrepair, trees in need of trimming (power lines), debris – branches, wood, tarp, leaves and other miscellaneous items. David Bean, Plumbing Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extensions, soffit in need of painting (south end), gutters filled with debris, fence in disrepair, trees in need of trimming (power lines), debris – branches, wood, tarp, leaves 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 38453 Tottenham Road 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. G12-0074 Zaremski, Michael 36345 Bagdad Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds and perimeters, roof, gutters, basement window and kitchen screen in need of repairs, improperly stored garbage cans, hose and firewood, oil stains in the driveway, debris and outdoor storage – bike, plastic, portion of gutter and other miscellaneous items. David Bean, Plumbing Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut and the porch was cleaned up. The following violations still exist: overgrown bushes, weeds in landscaped beds and perimeters, roof, gutters, basement window and kitchen screen in need of repairs, improperly stored garbage cans, hose and firewood, oil stains in the driveway, debris and outdoor storage - portion of gutter 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 36345 Bagdad 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. G12-0075 D’Anna, Giuseppe & Marianna 7750 Metropolitan Parkway. Hearing on nuisance abatement at this location for obsolete sign (no permit), overgrown bushes/grass, weeds in landscaped beds and parking lot, dumpster gate and parking lot in need of repairs, roof shingles and soffit in need of repair, debris – wood fence sections and other stacked items in rear. David Bean, Plumbing Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, a sign permit has been applied for. The following violations still exist: overgrown bushes/grass, weeds in landscaped beds and parking lot, dumpster gate and parking lot in need of repairs, roof shingles and soffit in need of repair, debris – wood fence sections and other stacked items in rear. Pictures were shown at this time. Mr. Campbell, an employee of the D’Anna’s, requested additional time and said everything not done will be started as soon as possible. Commissioner Cooper asked how much time he needed and whether two weeks would be long enough. He said, yes. Mr. Viazanko let the Board know of the recent history of this property and its propensity to wait until the last minute to clean up only after it has been taken to the Ordinance Board. He wanted to let them know that if they are thinking of granting them an extension. Chairman Pitrone noticed this process started in April. Mr. Campbell said it took them some time to clean up the fence line. Commissioner Cooper asked Mr. Viazanko if they have another Big Boy on their hands. Mr. Viazanko said it is similar but the Big Boy is now under new ownership. Mr. Viazanko wished the D’Anna’s good luck in reopening but emphasized to Mr. Campbell that they need to maintain the property and we cannot keep coming back to the Board. He let Mr. Campbell know that next time, being a repeat offender, if they receive a two-week notice, the city will clean up the property without bringing it to the Ordinance Board again. Commissioner Cooper explained to Mr. Campbell that he was going to give him two weeks but this Board does not look kindly on repeat offenders. He said he was going to give him one more chance. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 7750 Metropolitan Parkway and to direct the Code Official to abate the violations identified in the attached staff report after May 21, 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. G12-0076 Younan, Tawir & Susan 4223 Nathan West. Hearing on nuisance abatement at this location for unmaintained landscaping, overgrown lawn in need of restoration (bare spots & weeds), debris - branches. Memo received from Code Enforcement Coordinator, Paul Geiger stating that the nuisance has been abated and there is no further cause for action. G12-0077 Control Techniques, Inc. 41200 Technology Park Drive. Hearing on nuisance abatement at this location for loose trash in parking lot and rear berm, wood structures blocking handicap spaces in rear, illegal storage of wood structures, pallets, scrap wood and other miscellaneous items. Memo received from Code Enforcement Coordinator, Paul Geiger stating that the nuisance has been abated and there is no further cause for action. G12-0078 Quayle, Dennis L. & Jacalyn 15032 Rohan Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, excessive garbage cans/garbage improperly stored in front of garage, cars filled with trash, outdoor storage – boxes along garage door and back deck, trash and debris on deck. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, excessive garbage cans/garbage improperly stored in front of garage, cars filled with trash, outdoor storage – boxes along garage door and back deck, trash and debris on deck. Pictures were shown at this time. Mrs. Quayle stated that a lot of stuff has been done and most of the boxes have been removed. She said that half of the deck is also cleaned up. She also cleaned out the cars considerably. She let the Board know that they are planning on replacing the windows, gutters and eaves. She understands that she lives in a nice neighborhood and wants her house to look nice also. They are working on the house, section by section and can have it done in one week. She said she would take all the stuff out of the garbage cans and stack them up in the garage. Chairman Pitrone asked about any inspection that was done recently. Mr. Hrinciuc said that the Code Officer noted there was no noticeable improvement. Mrs. Quayle seemed amused by that since she said she has been working 5-6 hours every day on it. Commissioner Ervin asked about the long history on this property. Mr. Viazanko said yes, there has been and that this property had to be cleaned up by our contractor last year after obtaining an administrative warrant. Chairman Pitrone asked about any other history. Mr. Viazanko said that the Code Enforcement Officer probably would know more about that. Commissioner Cooper asked if we get reimbursed for the additional time of having to get an administrative warrant. Mr. Viazanko said, yes. Mr. Viazanko asked Mrs. Quayle that if she were given more time would she require them to get a warrant again to clean up the property if she doesn’t. Mrs. Quayle said that they would not have to do that this time. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 15032 Rohan Drive and to direct the Code Official to abate the violations identified in the attached report that Mrs. Quayle agreed to have the city contractor clean up her property without an administrative warrant after May 21, 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. G12-0079 Alsaraff, Sabbah/BAC Home Loans Servicing, LP 4823 Nathan West. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, gate in need of repair, improperly stored hose, debris – plastic lawn chairs. Memo received from Code Enforcement Officer, Alan Gross stating that the nuisance has been abated and there is no further cause for action. G12-0080 Auri, Fidal/Federal Home Loan Mortgage Corp. 2021 Forest Mead Drive. Hearing on nuisance abatement at this location for dilapidated roof shingles. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The following violation still exists: dilapidated roof shingles. 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 2021 Forest Mead 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. G12-0081 Trejo, Gregory Thomas/Wells Fargo Bank, N.A. 12191 Canal Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, house trim in need of paint, non- conforming shed (no permit). Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut. He also wanted to have the shed removed. The following violations still exist: overgrown bushes, weeds in landscaped beds, crack/cuts and perimeters, house trim in need of paint, non-conforming shed (no permit). Pictures were shown at this time. Mr. Zadoff, representative from Wells Fargo Bank, said that this property is still occupied and they have to file an eviction. He asked for more time. Commissioner Cooper pointed out that is could take all summer to get possession. Mr. Zadoff agreed. Commissioner Cooper let him know that usually they will give another week or two if they can guarantee the work can be done in that amount of time. Having to wait for possession and then getting bids to complete the work, he was in favor of cleaning up this property. Chairman Pitrone agreed. Mr. Zadoff asked about item number 4 on the agenda, since he was late. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 12191 Canal Road 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. G12-0082 Federal National Mortgage Assoc. 39416 Poinciana Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, garage trim needs repair, broken gable vent, debris – pile of bricks. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, everything was done except the garage trim and broken gable vent. 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 39416 Poinciana 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. G12-0083 Fannie Mae 12862 Denoter Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, uncovered pool with stagnant water, improper pool barrier (gate is not self latching/locking), garage trim in need of paint. Memo received from Code Enforcement Officer, Alan Gross stating that the nuisance has been abated and there is no further cause for action. G12-0084 Federal National Mortgage Assoc. 4137 Stephanie Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, fire pit in need of removal, improperly stored garbage can, unsecured garage overhead door, shed in need of repair (door), debris – newspapers, empty pots, tire, box of newspapers, makeshift bench out of logs and 2x4s, umbrella stand, wood, pile of dirt (near shed) and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, everything was done except repairing the shed. He also added to the agenda: area under the pool that was removed needs to be restored. 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 4137 Stephanie Drive and to direct the Code Official to abate the violations identified in the attached staff report including restoring the area under the pool that was removed 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. G12-0085 Clapp, Waltraut 3081 Albany Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, fence in disrepair, debris – wood, paper, dilapidated outdoor furniture, trellis, plastic, pots 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. G12-0086 Chang, Han Yong/Federal National Mortgage Assoc. 38660 Pinebrook Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/ornamental trees, weeds in landscaped beds, crack/cuts and perimeters, unsecured shed (no permit), improperly stored garbage can, missing downspout/downspout extensions, debris – tire, wood, paper, cardboard, wood, plastic, shoes, bricks, broom, pails, downspout, jugs, bottles, bucket 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 said that the shed needs to be removed. The following violations still exist: overgrown grass and bushes/ornamental trees, weeds in landscaped beds, crack/cuts and perimeters, unsecured shed (no permit), improperly stored garbage can, missing downspout/downspout extensions, debris – tire, wood, paper, cardboard, wood, plastic, shoes, bricks, broom, pails, downspout, jugs, bottles, bucket 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 38660 Pinebrook 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. G12-0087 BAC Home Loans Servicing, L.P. 36526 Maas Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, roof shingles in disrepair, improperly stored firewood/logs, debris – plastic containers on porch, broken downspouts and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, everything was done except the roof shingles. Pictures were shown at this time. Motion by Commissioner Ervin, supported by Commissioner DiGaetano to declare that a public nuisance exists on the property commonly known 36526 Maas 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. G12-0088 Wells Fargo Bank, N.A. 15091 Rivercrest Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, dead bushes and nuisance growth along rear fence, missing downspout extensions, kid’s pool with stagnant water and miscellaneous debris. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, everything was done except removing the weeds throughout the property and the dead bushes/nuisance growth along the rear fence. Pictures were shown at this time. Mr. Zadoff, representative from Wells Fargo Bank, said the property was vacated but there was still personal property on the premises. Therefore, they have to file a writ of eviction. Chairman Pitrone asked where they were in the process. Mr. Zadoff said that the paperwork was filed but there is no date yet. Commissioner Cooper asked if he wasn’t sure when they could get possession. Mr. Zadoff said that was correct. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 15091 Rivercrest 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. G12-0089 Martz, Norbert & Betty/Comerica Bank 8395 Crestview Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, torn door wall screen, improperly stored hose, unsecured overhead garage door, debris – tires, toys, wood, plastic, paper, pots, broken glider, power cord, newspapers, plastic crates, plastic chairs, fire pit, dilapidated lawn furniture, leaves, cloths, ladder, open garbage bag 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. G12-0090 Deutsche Bank National Trust Co. 36873 Russell Court. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, stagnant pond, detached downspout, missing downspout extension, debris – empty pots, branches, yard tools, landscaping brick borders, gutters, sign, plastic and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The pond needs to be removed. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, stagnant pond, detached downspout, missing downspout extension, debris – empty pots, branches, yard tools, landscaping brick borders, gutters, sign, plastic 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 36873 Russell Court 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. G12-0091 Reeves, Tyson/Federal Home Loan Mortgage Corp. 8442 Smethwick Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improper discharge on east side of house. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, only the improper discharge on east side of house remains. It needs to be redirected to the backyard. Pictures were shown at this time. Motion by Commissioner DiGaetano, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 8442 Smethwick Road 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. G12-0092 Callea, P. & Boerner, M. 38872 Century Drive. Hearing on nuisance abatement at this location for area where pool was removed in need of restoration (top soil, grade, seed/sod). Memo received from Plumbing Inspector/Code Enforcement Officer, David Bean stating that the nuisance has been abated and there is no further cause for action. OLD BUSINESS - None NEW BUSINESS Commissioner Cooper asked about repeat offenders and being able to clean up a property without bringing them back to the Board. He let the Board know that he was in total agreement with that. Mr. Viazanko informed him that he is now working on changing the ordinance with the City Attorney and this is the first step in taking a more aggressive approach on repeat offenders. PUBLIC PARTICIPATION Ms. Crombez, who was case number 3 on the agenda, stated that she was a few minutes late because she got lost downstairs and therefore, missed her case. She said she has everything done and has pictures. Chairman Pitrone let her know that the case was already ruled on and that she would have to call the Code Enforcement Officer. APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Ervin to approve Minutes of the April 23, 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 8:13pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals

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