Board of Ordinance Appeals I

City of Sterling Heights Ordinance Board of Appeals June 11, 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, Paul Geiger, Code Enforcement Coordinator, 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 eight correspondences for tonight. They are as follows: G12-0111, G12-0112, G12-0114, G12-0116, G12-0117, G12-0118, G12-0119 and G12-0127; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0108 Lowe, Jacob & Barbara 13622 Biscayne Drive. Asking Board approval to erect 6’ privacy fence in secondary front yard setback of Schoenherr Road. Mrs. Haselhuhn, the petitioner’s daughter, stated that the fence was put up in order to help stop noise and intruders. Chairman Pitrone asked if she had permission to speak on behalf of the owner. She said she did. Her father is in Florida and because of health issues, he can’t travel. Chairman Pitrone asked if she had pictures. She pointed out that the pictures should be in their packets. He asked if it was a new fence. She said, yes. The old evergreens that used to be there died. He asked about the fence permit being denied and the fence still being put up. She said that they were told the fence company was going to take care of everything and they weren’t aware there were any problems. Commissioner Cooper said he visited the site and that the fence is held back quite a bit off the corner and he could clearly see all of the oncoming traffic and it was put right in the alignment of the other fences. Chairman Pitrone agreed and thought it was better than the evergreens. Chairman Pitrone asked about the other fence on the corner. Mrs. Haselhuhn said it was removed. Mr. & Mrs. Bertner said that they have had issues with the landscaping and fence on the corner for the last 8 years. They thought it was a liability. Motion by Commissioner Cooper, Supported by Commissioner Hartson to approve case G12- 0108 at 13622 Biscayne 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. G12-0109 Fidelity Bank 43375 Cambridge Drive. Hearing on nuisance abatement at this location for house and garage trim in need of paint. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: house and garage trim in need of paint. 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 43375 Cambridge 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. G12-0110 Schefke, Ronald T. 3006 Belinda Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes (obstructing sidewalk), weeds in landscaped beds, crack/cuts and perimeters, missing siding and downspouts, stagnant water in pool removal area (needs to be restored – remove rail ties, topsoil, grade seed/sod), fences in disrepair, trash & debris – storage shelf, chairs, dilapidated swing, tarp and other miscellaneous items. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: overgrown grass and bushes (obstructing sidewalk), weeds in landscaped beds, crack/cuts and perimeters, missing siding and downspouts, stagnant water in pool removal area (needs to be restored – remove rail ties, topsoil, grade seed/sod), fences in disrepair, trash & debris – storage shelf, chairs, dilapidated swing, tarp and other miscellaneous items. 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 3006 Belinda 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. G12-0111 Yamil, Aomran 33726 Curcio Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, gutter and fence in disrepair, improperly stored hose, outside storage and debris – dining room chair (on front porch), pile of plywood, pallet, plastic tub, concrete block and other miscellaneous items. Memo received from Code Enforcement Officer, Todd Quertermous, stating that the nuisance has been abated and there is no further cause for action. G12-0112 Sanislo, Ryan 35031 Cavant Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored firewood, debris – pile of branches. Memo received from Code Enforcement Officer, Todd Quertermous, stating that the nuisance has been abated and there is no further cause for action. G12-0113 The Kroger Co. of Michigan 2260 Eighteen Mile Road. Hearing on nuisance abatement at this location for overgrown weeds and shrubs, nuisance growth, light poles in need of paint/replacement. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, the weeds and nuisance growth were taken care of and a dead shrub has been removed. The following violation still exists: light poles in need of paint/replacement. Pictures were shown at this time. Mr. Viazanko stated that the shrub that was removed must be replaced as part of their approved landscaping plan. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 2260 Eighteen Mile Road and to direct the Code Official to abate the violations identified in the attached staff report including replanting a new bush 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. G12-0114 J B R Associates, LLC 36950 Dequindre Road. Hearing on nuisance abatement at this location for overgrown grass around parking areas, weeds in landscaped beds, loose trash throughout, debris – brush around dumpster. Memo received from Code Enforcement Coordinator, Paul Geiger, stating that the nuisance has been abated and there is no further cause for action. G12-0115 Rea, Anthony & Suzanne 34838 Dequindre Road. Hearing on nuisance abatement at this location for weeds in landscaped beds, parking lot in disrepair (large pot holes). Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, most of the shrub beds were weed free but there are still weeds in the parking lot. The following violations still exist: parking lot in disrepair (large pot holes). Pictures were shown at this time. Mr. Rea believed he addressed all the landscaping issues. He had several quotes for the parking lot. He has a verbal agreement. Commissioner Cooper asked if he knew a time frame. Mr. Rea didn’t know the exact timing but thought it shouldn’t be more than a month. Commissioner Cooper asked if all the landscaping issues were resolved. Mr. Geiger said they haven’t in the parking lot. Commissioner Cooper asked if there were any trip hazards. Mr. Geiger indicated there were plenty. Commissioner Cooper wondered if they could just do some patchwork right now before the parking lot could be completely done. Chairman Pitrone was not in favor of that. He asked why do a temporary solution when a permanent one is on the way. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 34838 Dequindre Road and to direct the Code Official to abate the violations identified in the attached staff report after July 9, 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. G12-0116 J.S. Petroleum, Inc. 34949 Van Dyke. Hearing on nuisance abatement at this location for weeds in landscaped beds (in need of mulch). Memo received from Neighborhood Liaison Specialist, Sue Giallombardo, stating that the nuisance has been abated and there is no further cause for action. G12-0117 M & D Investments, LLC 39725 Van Dyke. Hearing on nuisance abatement at this location for weeds in landscaped beds (in need of mulch). Memo received from Neighborhood Liaison Specialist, Sue Giallombardo, stating that the nuisance has been abated and there is no further cause for action. G12-0118 Zaniewski, Eugene A. 33700 Van Dyke. Hearing on nuisance abatement at this location for weeds in landscaped beds, weeds & debris along perimeter of lot and weeds in cracks of lot. Memo received from Neighborhood Liaison Specialist, Sue Giallombardo, stating that the nuisance has been abated and there is no further cause for action. G12-0119 FV-1, Inc. 13296 Canal Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored hose, house trim in need of paint, missing downspout extensions, stagnant water on pool cover, unsecured shed, firewood storage area being used for other debris, debris – wood, empty flower pots and other miscellaneous items. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0120 Federal National Mortgage Assoc. 42150 Trinity Court. Hearing on nuisance abatement at this location for overgrown grass and bushes/ornamental trees, missing downspout extension, nuisance tree growth along side of house, fence in disrepair, weeds in landscaped beds, crack/cuts and perimeters, debris - wood & limb pile, pallet and other miscellaneous items. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, there is no change. The following violation still exists: overgrown grass and bushes/ornamental trees, missing downspout extension, nuisance tree growth along side of house, fence in disrepair, weeds in landscaped beds, crack/cuts and perimeters, debris - wood & limb pile, pallet 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 42150 Trinity 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. G12-0121 Elia, M & Mikhael A./Aurora Bank 39088 Augusta Ave. Hearing on nuisance abatement at this location for overgrown bushes/ornamental tree, siding and roof in need of repair. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, there is no change. The following violation still exists: overgrown bushes/ornamental tree, siding and roof in need of repair. Pictures were shown at this time. Mr. Elia said his father passed away and now the house was going into foreclosure. He asked the bank to fix the problems. They, so far, are not willing to do it. He told the bank that if they don’t, he will let the city do it and he will pay it on the taxes. He said the bank doesn’t want him to do that. Commissioner Cooper asked if he could do the repairs. Mr. Elia said he could not afford to. Commissioner Cooper said there was no other way than to declare this a nuisance. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 39088 Augusta Ave. 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. G12-0122 Rumler, Mark & Connie Lou 43041 Penny Drive. Hearing on nuisance abatement at this location for overgrown bushes, nuisance tree growth, dilapidated shed, debris/outdoor storage (next to shed) – wheelbarrow, wood, and other miscellaneous items. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: overgrown bushes, nuisance tree growth, dilapidated shed, debris/outdoor storage (next to shed) – wheelbarrow, wood, and other miscellaneous items. Pictures were shown at this time. Mr. Rumler told the Board that his violation notice and what was going on tonight didn’t match. Commissioner Cooper looked at the violation notices and said that he believed there was no difference. Chairman Pitrone agreed. Mr. Rumler said he had no intention of asking for an extension, he just wanted to know what was going on. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 43041 Penny 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. G12-0123 Bauss, Kathryn 42475 Schoenherr Road. Hearing on nuisance abatement at this location for overgrown bushes, weeds in landscaped beds, missing gutters and downspouts, illegally parked trailer on grass, debris – limb piles. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, the trailer has been moved. The following violation still exists: overgrown bushes, weeds in landscaped beds, missing gutters and downspouts, debris – limb piles. 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 42475 Schoenherr 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. G12-0124 Teper, Dennis & Jill/Federal Home Loan Mortgage Corp. 42460 Utica Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, barren grass areas, improperly stored garbage cans, dilapidated collapsed pool in need of removal, debris – tires, ladder, work bench, wood, plastic, tarp, hoses and many other miscellaneous items. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, the landscape issues have been taken care of. The pool area also needs to be restored (topsoil, grade, seed/sod). The following violation still exists: barren grass areas, improperly stored garbage cans, dilapidated collapsed pool in need of removal, debris – tires, ladder, work bench, wood, plastic, tarp, hoses and many 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 42460 Utica 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. G12-0125 Deutsche Bank National Trust Co. 4702 Lucerne Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, shattered front storm door, deck paint peeling, rotted wood trim, illegal and unsecured shed, fence in disrepair, debris – wood, cardboard. 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: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, shattered front storm door, deck paint peeling, rotted wood trim, illegal and unsecured shed, fence in disrepair, debris – wood, cardboard. Pictures were shown at this time. Mr. Hrinciuc stated that there were people working on the site. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 4702 Lucerne 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. G12-0126 GMAC Mortgage, LLC 37627 Dartmouth Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, debris – plastic. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut. He believed the city contractor did it. The following violation still exists: overgrown bushes, weeds in landscaped beds, crack/cuts and perimeters, debris – plastic. Pictures were shown at this time. Motion by Commissioner DiGaetano, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 37627 Dartmouth 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. G12-0127 Hambell, Jenette 14403 Dresden Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth throughout property, gutter in disrepair, dead pine tree, debris – branch pile, aluminum 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. G12-0128 Gjoka, Taulant/Federal National Mortgage Assoc. 36463 Almont Court. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, dead ornamental trees, missing gas meter (parts on ground), missing downspout extension, unsecured shed/pigeon coop, debris - newspapers. 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: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, dead ornamental trees, missing gas meter (parts on ground), missing downspout extension, unsecured shed/pigeon coop, debris – newspapers. 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 36463 Almont 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. G12-0129 BAC Home Loans Servicing, L.P. 11859 Steven Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, debris stacked along walkway and on top of shed, rotted wood trim, unsecured shed, two dead trees (right of way), wood landscape boxes in disrepair, missing patio pavers (hole), trash & debris – box, cabinet, computer debris. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the real estate agent took care of most of the violations. There are some issues with weeds and the wood landscape boxes haven’t been touched. 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 11859 Steven 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. G12-0130 Sheikh, Sajjad & Faiza/Federal Home Loan Mortgage Corp. 36855 Kyro Court. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, dead tree, broken side gate, displaced screen, peeling wood deck, debris – car ramps, cinder blocks, logs, tire, concrete and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the front landscaping was done. The following violation still exists: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, dead tree, broken side gate, displaced screen, peeling wood deck, debris – car ramps, cinder blocks, logs, tire, concrete and other miscellaneous items. Pictures were shown at this time. Mr. Viazanko said he received an email from GTJ Landscaping and they said they would have everything done by the end of the week. Commissioner Cooper asked if he thought it would get completed. Mr. Viazanko said, yes. Commissioner DiGaetano asked if the side gate and tree would be taken care of including the landscape. Mr. Viazanko said that all of it would be completed. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 36855 Kyro Court and to direct the Code Official to abate the violations identified in the attached staff report after June 25, 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. G12-0131 Wilkelis, Christopher & Tracy/Alvers, LLC 33232 Shrewsbury Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, fallen branch from tree, front porch overhang in need of repair, water fountain in disrepair, tree is damaging fence and sidewalk, debris – logs, cinder blocks. 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: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, fallen branch from tree, front porch overhang in need of repair, water fountain in disrepair, tree is damaging fence and sidewalk, debris – logs, cinder blocks. Pictures were shown at this time. A representative from Alvers, LLC stated that they bought this property through a sheriff’s sale and they just got possession. He said that everything will be completed in the next few days. Commissioner Cooper asked if they were given a week, could they get it all done. He said, yes. He also asked if the tree has to be removed. Mr. Viazanko said, yes. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 33232 Shrewsbury Drive and to direct the Code Official to abate the violations identified in the attached staff report after June 19, 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. G12-0132 Walny, Tina & Kauffman, Raymond/Federal National Mortgage Assoc. 3076 Elmcrest Road. Hearing on nuisance abatement at this location for overgrown grass and bushes/vines, weeds in landscaped beds, crack/cuts and perimeters, gutters full of debris, pool area in need of restoration (topsoil, grade, seed/sod), pool deck in need of removal, illegal/dilapidated shed structure attached to rear of house, improperly stored garbage, unpainted boarded window, displaced screen, metal posts missing fence, debris – paper, plastic, wood, chlorine bottles, hoses and many other miscellaneous items under pool deck. 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: overgrown grass and bushes/vines, weeds in landscaped beds, crack/cuts and perimeters, gutters full of debris, pool area in need of restoration (topsoil, grade, seed/sod), pool deck in need of removal, illegal/dilapidated shed structure attached to rear of house, improperly stored garbage, unpainted boarded window, displaced screen, metal posts missing fence, debris – paper, plastic, wood, chlorine bottles, hoses and many other miscellaneous items under pool deck. Pictures were shown at this time. Ms. Slaughter, the neighbor behind this property, said that her main concern was the deck. It was an eyesore. She also said that she didn’t know the property was in such bad condition. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 3076 Elmcrest 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. G12-0133 Atty, Hani/Bank of NY Mellon 3711 Grigg Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extensions, improperly stored garbage can, gutters, trim and downspouts in need of paint, displaced window screen, debris – basketball hoop, cardboard, TV, pallet and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, our city contractor cut the grass. The following violation still exists: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extensions, improperly stored garbage can, gutters, trim and downspouts in need of paint, displaced window screen, debris – basketball hoop, cardboard, TV, pallet and other miscellaneous items. 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 3711 Grigg 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 Mr. Judnick asked about the following properties: 4702 Fox Hill for running a flea market out of their home, Sterling Estates for a broken fence, 7358 Triangle for condition of the property after a fire, 43130 Utica for overgrown landscaping and how we have quite a few of bad commercial properties out there. Mr. Viazanko let Mr. Judnick know that we have sent Fox Hill several violations and looking into a different type of enforcement. Sterling Estates said they would have the problem fixed in 2 weeks. Triangle is an arson investigation and that takes a little while to resolve but the new owners have been asked to submit drawings. Utica Road he will look into. APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Hartson to approve Minutes of the May 21, 2012 special 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 8:33 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals