Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS MAY 21, 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. ABSENT: None RECORDING SECRETARY: Sue Giallombardo 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 five correspondences for tonight. They are as follows: G12- 0093, G12-0099, G12-0101, G12-0102 and G12-0106; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0093 Koja, Nick 37200 Ryan Road. Hearing on nuisance abatement at this location for graffiti on brick on back of house. Memo received from Neighborhood Specialist, Dave Bean stating that the nuisance has been abated and there is no further cause for action. G12-0094 Sterling Heights Acquisition LLC 14405 Lakeside Circle. Hearing on nuisance abatement at this location for fallen light pole, rusted light pole, weeds in landscaped areas and parking lot, debris - broken glass. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the fallen light pole has been removed. The following violations still exist: rusted light pole, weeds in landscaped areas and parking lot, debris - broken glass. Pictures were shown at this time. Commissioner Cooper asked Horst Hrinciuc to ensure that all the wiring from the fallen light pole was also removed. Horst Hrinciuc said he would do that. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 14405 Lakeside Circle 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. G12-0095 Butris, Nuhad S./Bank of New York 40304 Denbigh Drive. Hearing on nuisance abatement at this location for brick repair on decorative wall, stagnant water on the pool cover, overgrown bushes and grass. 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: brick repair on decorative wall, stagnant water on the pool cover, overgrown bushes and grass. In addition, the following violations were added: tall grass and weeds throughout the landscaped beds and no safety cover on the pool. 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 40304 Denbigh 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. G12-0096 Bank of America, N.A. 9015 Headley Drive. Hearing on nuisance abatement at this location for front porch cement in disrepair, weeds in landscaped beds and cracks in driveway, overgrown grass in backyard, debris along garage and fence line. 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: front porch cement in disrepair, weeds in landscaped beds and cracks in driveway, overgrown grass in backyard, debris along garage and fence line. 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 9015 Headley 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. G12-0097 Mossburger, J. & Stuart R./Michigan Schools & Government Credit Union 11375 Canal Road. Hearing on nuisance abatement at this location for porch in disrepair, fence in disrepair, missing gutters over front porch, house trim and gutters in need of paint, overgrown bushes and grass, branch piles in backyard. 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: porch in disrepair, fence in disrepair, missing gutters over front porch, house trim and gutters in need of paint, overgrown bushes and grass, branch piles in backyard. In addition, the following violations were added: open garbage on side of house and garbage cans improperly stored. 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 11375 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. G12-0098 Bolton, Jesse L./JP Morgan Chase Bank 12135 Waiteley Drive. Hearing on nuisance abatement at this location for storm door in disrepair, broken downspout on garage, garage door trim in need of paint, dead tree stump in backyard, overgrown grass, debris - leaves and limb pile. 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: storm door in disrepair, broken downspout on garage, garage door trim in need of paint, dead tree stump in backyard, overgrown grass, debris - leaves and limb pile. In addition, the following violation was added: tall grass and weeds throughout landscaped beds. 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 12135 Waiteley 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. G12-0099 Cofield, Catherine 12917 Montbatten Court. Hearing on nuisance abatement at this location for shutter in disrepair, non-conforming gate, improper safety cover on pool, debris on pool cover, overgrown grass and bushes. Memo received from Neighborhood Specialist, Alan Gross stating that the nuisance has been abated and there is no further cause for action. G12-0100 Oltean, Ionica & Laura 11636 Falcon Drive. Hearing on nuisance abatement at this location for graffiti on side of garage, house in need of paint, garage and garage door trim in need of paint, gutter in disrepair, log pile behind garage, overgrown grass, dead tree in backyard. 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: graffiti on side of garage, house in need of paint, garage and garage door trim in need of paint, gutter in disrepair, log pile behind garage, overgrown grass, dead tree in backyard. Hrinciuc added that there is also a dead tree stump that needs to be removed. Pictures were shown at this time. Commissioner Cooper stated that at the last meeting, the Board discussed repeat offenders and graffiti issues. Cooper asked Michael Viazanko if he could talk with the city attorney and see if nuisances such as graffiti could be taken care of immediately. Viazanko stated that he did speak with the city attorney who stated that City Council members advised him to continue to follow the normal due process. Viazanko said that in this case, the graffiti is not highly visible from the road. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 11636 Falcon 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. G12-0101 J.P. Morgan Chase Bank, N.A. 35712 Georgetown Drive. Hearing on nuisance abatement at this location for stagnant water in pond, overgrown grass, weeds throughout yard and cracks in driveway, boarded access door window in need of paint and debris - papers, rope, plastic, wood, garbage can, A/C wiring, tree stumps, cinder block and other miscellaneous items. Memo received from Neighborhood Specialist, Horst Hrinciuc stating that the nuisance has been abated and there is no further cause for action. G12-0102 BAC Home Loans Servicing, L.P. 33107 Crestwell Drive. Hearing on nuisance abatement at this location for tree limbs on roof, weeds throughout yard, overgrown grass. Memo received from Neighborhood Specialist, Horst Hrinciuc stating that the nuisance has been abated and there is no further cause for action. G12-0103 Bank of New York Mellon 4653 Bennington Drive. Hearing on nuisance abatement at this location for fence in need of paint, garbage bags, weeds in landscaped beds, overgrown grass, debris - wood, branches, broken cement, flower pots, bricks, cinder block and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass has been cut, most likely by the contractor hired by the city. The following violations still exist: fence in need of paint, garbage bags, weeds in landscaped beds, debris - wood, branches, broken cement, flower pots, bricks, cinder block and other miscellaneous items. In addition, there is an unattended garden area that needs to be taken down. 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 4653 Bennington 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. G12-0104 PNC Bank, N.A. 35224 Dunston Drive. Hearing on nuisance abatement at this location for curbside mailbox in disrepair on front porch, missing roof shingles, overgrown grass, weeds in landscaped beds and cracks in driveway. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass has been cut, most likely by the contractor hired by the city. The following violations still exist: curbside mailbox in disrepair on front porch, missing roof shingles, weeds in landscaped beds and cracks in driveway. 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 35224 Dunston 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. G12-0105 Ashland Meadows, LLC 11450 Sixteen ½ Mile Road. Hearing on nuisance abatement at this location for downspout in disrepair, unsecure window, boarded windows and doorway in need of paint, debris – branches and PVC pipes. 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: downspout in disrepair, unsecure window, boarded windows and doorway in need of paint, debris – branches and PVC pipes. In addition, there is some shingle debris that needs to be removed. 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 11450 Sixteen ½ Mile 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. G12-0106 Pinegrove Community Church of Nazarene 11118 Fairway Drive. Hearing on nuisance abatement at this location for un-restored pool area, hole where pond used to be, weeds in landscaped beds, debris – dead bush, football, plastic, bricks, dead plants, cinder blocks, wood and other miscellaneous items. Memo received from Neighborhood Specialist, Horst Hrinciuc stating that the nuisance has been abated and there is no further cause for action. G12-0107 Brown, Robert E. 35634 Dequindre Road. Hearing on nuisance abatement at this location for fallen tree limbs, branch pile, concrete debris. 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: fallen tree limbs, branch pile, concrete debris. Pictures were shown at this time. The Board is in receipt of a letter from the property owner’s attorney, stating that last year the city had billed Mr. Brown $119.00 each time the city’s contractor maintained the lawn. This year the amount charged for grass cutting was $314.00. Commissioner DiGaetano asked Viazanko the reason for the increase. Viazanko stated that the city has instituted a new program that included higher rates and fees, and was approved by City Council. Viazanko added that it is the responsibility of the property owner to maintain their grass so that it’s in compliance and that the city is not in the business to cut grass at an affordable rate. Commissioner DiGaetano asked if the $314.00 was a monthly charge. Viazanko said it is not a monthly charge; if the grass is taller than six inches, the city will cut it and charge the fee to the property owner. Commissioner Cooper noted that the letter stated that the attorney has requested all correspondence to be forwarded to his office or to the property owner’s address in Florida. However, the owner information in the city’s records still indicates the 35634 Dequindre Road address. Commissioner Cooper suggested that the attorney contact the city’s assessing department to have the information changed. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 35634 Dequindre 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. 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 May 14, 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 7:30 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals