Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS JULY 23, 2012 LOCATION: City Council Chambers, 40555 Utica Road, Sterling Heights, Michigan Acting Chairman Cooper called the meeting to order at 7:00 pm PRESENT: Kenneth Cooper, Acting Chairman, Joseph DiGaetano, Secretary, Robert Ervin, Horst Hrinciuc, Code Enforcement Officer, Paul Geiger, Code Enforcement Coordinator, Michael Viazanko, Building Official ABSENT: John Pitrone, Jennifer Hartson RECORDING SECRETARY: Kimberly Stulz APPROVAL OF AGENDA Motion by Commissioner Ervin, supported by Commissioner DiGaetano to approve the agenda as presented. Yes: All. Absent: Pitrone, Hartson. 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 ten correspondences for tonight. They are as follows: G12- 0206, G12-0208, G12-0210, G12-0212, G12-0215, G12-0216, G12-0220 and G12-0225; the nuisances have been abated and there is no further cause for action. On case G12-0200, the appeal deadline had passed, therefore, the case was removed. On case G12-0203, there was a request for postponement from Code Enforcement Officer. CONSIDERATIONS G12-0199 Trimboli, Michael 39857 Valiant Drive. Asking Board approval to erect a 6’ privacy fence in the secondary front yard setback of Utica Road. Mr. Johnson, the contractor, stated that the property is adjacent to Utica Road and the fence will line up with the existing fences along Utica Road. He said that there is no problem with sight obstruction with a 51’ clearance. There is only a small pine tree that was trimmed 9’ above ground height to help with the view. He said that the owner has two small children and wants to install the fence to put up a playscape, and would like the fence for safety and privacy. Mr. Trimboli said that he also wants to beautify the property. Commissioner Ervin asked if it was the same type of fence as the neighbor. Mr. Johnson said yes and that it was double sided. Commissioner Ervin asked if they were enclosing around the entire property. Mr. Johnson said just around the back of house. Commissioner Cooper asked how far off the sidewalk would he be. Mr. Johnson said one foot. Commissioner Cooper said that he didn’t see any problems with allowing this fence. Motion by Commissioner Ervin, Supported by Commissioner DiGaetano to approve case G12- 0199 at 39857 Valiant 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0200 Robelli, Cristin 43348 Charlemagne Ave. Hearing on the determination that a potentially dangerous dog is harbored at this location. Memo received from Building Official, Michael Viazanko, stating that the appeal deadline had passed and the case was removed from the agenda. G12-0201 Kleinhardt, Karl & Grace 3008 Franklin Park Drive. Asking Board approval to erect a non-sight obstructing fence with masonry columns in the front yard setback of Franklin Park Drive. Mr. Kleinhardt said that they live next to Franklin Park and they used to have a barrier of trees between them and the park. He had to take the trees out because of the roots were causing destruction but he wanted a fence of some sorts that was nice to look at and would create a boundary between the park and their house. This would be installed 4’ from the sidewalk with brick pillars with wood slats. He believed that people would be able to see better with this fence being erected than when he had the barrier of trees, plus he thought it would be a lot nicer looking. Commissioner Ervin asked about the wood posts in the ground. Mr. Kleinhardt said that they are not permanent. Commissioner Ervin asked if the masonry and wood would be the same height and 4’ from the sidewalk. Mr. Kleinhardt said, yes. Commissioner Ervin asked if two variances were needed because of the allowance for a landscaping treatment. Mr. Viazanko stated that this is a permanent fence and not considered a landscape treatment. Only if it were 36” high then that would be the case. The only variance that they are looking at is for them to put it in the front yard setback. Commissioner Cooper asked if this was being considered a corner. Mr. Viazanko stated, no. This is just a request to put a fence in the front yard. Commissioner Cooper asked if two variances were needed. Mr. Viazanko reiterated no. Discussion ensued about the expansion of Mr. Kleinhardt’s driveway. Commissioner Cooper asked if he knew what the 6’ easement was for on the side of his house. Mr. Kleinhardt said, no. Commissioner Cooper asked if Mr. Kleinhardt was aware that if work has to be done in the easement, they would have to tear up their fence. Mr. Kleinhardt said he understood. Commissioner Cooper said he didn’t see any issues with this fence and believes it will look a lot better than the trees that were there. Motion by Commissioner DiGaetano, Supported by Commissioner Ervin to approve case G12- 0201 at 3008 Franklin Park 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0202 Sebanc, Dobos & McCloskey Trusts 13701 Lakeside Circle. Hearing on nuisance abatement at this location for dead tree between Petco & Olive Garden in need of removal and replacing, replace missing pine tree, replace/repair leaning tree in the island in front of Petco, remove weeds in garden areas. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, two small trees were removed and replaced but there was more debris, ruts in the landscaping and the islands were in poor condition. The following violations still exist: dead tree between Petco & Olive Garden in need of removal and replacing, replace missing pine tree, replace/repair leaning tree in the island in front of Petco, remove weeds in garden areas. Pictures were shown at this time. Ms. Casen said she was just notified Thursday when she talked to Toys R Us, who is in charge of their landscaping. She said they are also working with Olive Garden to resolve the violations. She said she had the landscaping company there for a few hours already. Commissioner Cooper asked what time frame was she looking at having all this done. Mr. O’Neil, from the landscaping company, explained that are taking care of the weeding, already replaced a couple of trees and will be replacing the mulch. Commissioner Cooper asked if they gave them a week extension could he get it done. Mr. O’Neil said, yes. Mr. Viazanko let them know that any tree that is removed must be replaced because they have to maintain their approved landscape plan. Motion by Commissioner Ervin, supported by Commissioner DiGaetano to declare that a public nuisance exists on the property commonly known 13701 Lakeside Circle and to direct the Code Official to abate the violations identified in the attached staff report after July 30, 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0203 Wu, Homer & Merry 3174 Farmdale Drive. Hearing on nuisance abatement at this location for overgrown bushes and weeds in front landscaping. Motion by Commissioner Ervin, supported by Commissioner DiGaetano to postpone case G12- 0203 at 3174 Farmdale Drive until the next regularly scheduled meeting. Small discussion ensued with Mr. Wu about the reason for the postponement and if everything is cleaned up on the property prior to next meeting then it could be removed off of the agenda. Yes: Cooper, DiGaetano, Ervin No: None. Absent: Pitrone, Hartson. Motion carried. G12-0204 HSBC Bank 8820 Sixteen ½ Mile Road. Hearing on nuisance abatement at this location for overgrown grass, ornamental trees, vines and bushes, weeds in landscaped beds, crack/cuts and perimeters, gutter in disrepair (front), improperly stored firewood, debris – branches. 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, ornamental trees, vines and bushes, weeds in landscaped beds, crack/cuts and perimeters, gutter in disrepair (front), improperly stored firewood, debris – branches. 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 8820 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0205 Haney, James Jr. 39437 Della Rosa Drive. Hearing on nuisance abatement at this location for overgrown grass, ornamental tree, vines and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage cans, roof shingles in disrepair, pond with stagnant water (front porch), disconnected downspouts, debris – brick, wood, plastic tub 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, ornamental tree, vines and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage cans, roof shingles in disrepair, pond with stagnant water (front porch), disconnected downspouts, debris – brick, wood, plastic tub and other miscellaneous items. Pictures were shown at this time. Commissioner DiGaetano asked how they handle the pond. Mr. Geiger said they will drain it and most likely cover it. Motion by Commissioner Ervin, supported by Commissioner DiGaetano to declare that a public nuisance exists on the property commonly known 39437 Della Rosa 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0206 Matti, Kawkab 39186 Faith Drive. Hearing on nuisance abatement at this location for weeds in cracks/cuts of cement, broken attic vents and outdoor display - Christmas lights, debris - pallet. Memo received from Neighborhood Specialist Liaison, Bob Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0207 Cribar, Carol & Vettese, Gary 37114 Belcrest Drive. Hearing on nuisance abatement at this location for 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 homeowner was given an extension until May 15, 2012 to complete the painting. The following violations still exist: garage trim in need of paint. 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 37114 Belcrest 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0208 H & B Properties 37104 Carpathia Blvd. Hearing on nuisance abatement at this location for large mound of dirt in need of removal, overgrown nuisance growth, debris - branches. Memo received from Neighborhood Specialist Liaison, Bob Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0209 Federal National Mortgage Assoc. 8809 Delvin Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts, between pavers and perimeters, fence in disrepair, debris and outdoor storage – oil jugs, tires, cooler, car seat, tarp/pool cover, wood, empty planters, suitcases, pool equipment and other miscellaneous items. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, most of the debris has been removed. There are downspouts that need repair and a shed that needs to be removed because it is on the neighbor’s property. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts, between pavers and perimeters, fence in disrepair, debris and outdoor storage – oil jugs, tires, cooler, car seat, tarp/pool cover, wood, empty planters, suitcases, pool equipment and other miscellaneous items. 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 8809 Delvin Drive and to direct the Code Official to abate the violations identified in the attached staff report including fixing the downspouts and removing the shed 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0210 Federal National Mortgage Assoc. 40382 Fordwich Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds and perimeters, debris – empty flowerpots. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0211 U.S. Dept. of Housing & Urban Dev’t 8850 Hamilton East Drive. Hearing on nuisance abatement at this location for open & hazardous structure - broken overhead garage door. 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: open & hazardous structure - broken overhead garage door. 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 8850 Hamilton East 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0212 U.S. Bank, N.A. 41454 Tarragon Drive. Hearing on nuisance abatement at this location for overgrown grass, ornamental tree and bushes, weeds in landscaped beds, crack/cuts and perimeters, boarded window in need of paint and repair, roof shingles in disrepair. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0213 Bennett, Jennifer/CitiBank, N.A. 9009 Hensley Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage can, debris and outdoor storage – landscaping material, kiddie pool, plastic toys and other miscellaneous items around house, in backyard and patio. Paul Geiger, Code Enforcement Coordinator, stated a couple of violation notices were sent. As of today, there has been no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage can, debris and outdoor storage – landscaping material, kiddie pool, plastic toys and other miscellaneous items around house, in backyard and patio. 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 9009 Hensley 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0214 Federal Home Loan Mortgage Corp. 36212 Carriage Drive. Hearing on nuisance abatement at this location for peeling deck, overgrown vines and nuisance growth, rusted shed, debris – dining room chairs, metal table, ceiling tiles, paper, yard waste (leaves) and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, most of the debris and nuisance growth has been removed, except for the vines. The following violations still exist: peeling deck, overgrown vines and nuisance growth, rusted shed, debris – metal table and other miscellaneous items. 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 36212 Carriage 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0215 Residential Mortgage Trust 2008-R1 12304 De Grove Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, bushes encroaching into city sidewalk. Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G12-0216 Sovereign Bank 36314 Clifford Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, dead tree in backyard, unsecured shed, oil stain in the driveway, improperly stored garbage, debris – laundry basket, fish tank, branches, chair, yard waste, rotted picnic table 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. G12-0217 Federal National Mortgage Assoc. 36628 Chene Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, gate in disrepair, improperly stored garbage cans, debris and outdoor storage – ladder, lawn equipment, propane tank, pallet, clothes, shovel, plastic containers and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut, some landscaping was done and some debris was removed. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, gate in disrepair, improperly stored garbage cans, debris and outdoor storage – ladder, lawn equipment, propane tank, pallet, clothes, shovel, plastic containers and other miscellaneous items. 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 36628 Chene 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0218 Deutsche Bank National Trust Co. 4757 Ardmore Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, broken/unsecured overhead garage door, junk vehicle in driveway, uncovered pool, improper pool barriers (2 gates need self latching and locking), improperly stored hose, basketball net in disrepair, missing downspout extension, improperly stored garbage cans, debris – rake, pool accessories, logs, plastic, wood and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the junk vehicle was removed. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, broken/unsecured overhead garage door, junk vehicle in driveway, uncovered pool with stagnant water, improper pool barriers (2 gates need self latching and locking), improperly stored hose, basketball net in disrepair, missing downspout extension, improperly stored garbage cans, debris – rake, pool accessories, logs, plastic, wood and other miscellaneous items. 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 4757 Ardmore 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0219 Federal National Mortgage Assoc. 8188 Willesdon Square. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, oils stains in the driveway, damaged/unsecured front storm door, fence in disrepair, metal poles in need of removal in backyard, non-conforming shed, debris – bricks, yard waste (leaves) and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut. The storm door and shed need to be removed. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, oils stains in the driveway, damaged/unsecured front storm door, fence in disrepair, metal poles in need of removal in backyard, non-conforming shed, debris – bricks, yard waste (leaves) and other miscellaneous items. 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 8188 Willesdon Square 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0220 Fannie Mae 37391 St. Joseph Street. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, missing downspout extension, wood framing in need of removal, improperly stored garbage, debris and outdoor storage – plastic, wood, windows, pots, cinder blocks, toys, bikes, empty flowerpots 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. G12-0221 U.S. Bank National Association 34634 Esper Drive. Hearing on nuisance abatement at this location for overgrown grass, ornamental tree and bushes, weeds in landscaped beds, crack/cuts and perimeters, shredded window screen, two illegal sheds, missing dryer vent cover. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the missing dryer vent and the window screen has been taken care of. The following violation still exists: overgrown grass, ornamental tree and bushes, weeds in landscaped beds, crack/cuts and perimeters, two illegal sheds. 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 34634 Esper 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0222 Wells Fargo Bank, N.A. 37243 Vernon Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, unsecured rotted shed, dilapidated fence with broken gate, improperly stored garbage cans, metal pole in need of removal, debris and outdoor storage – pool accessories, hose, containers, fire pit, log, plastic, ladder, metal and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The shed should be removed. The following violations exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, unsecured rotted shed, dilapidated fence with broken gate, improperly stored garbage cans, metal pole in need of removal, debris and outdoor storage – pool accessories, hose, containers, fire pit, log, plastic, ladder, metal and other miscellaneous items. 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 37243 Vernon 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0223 Odisho, Samir/BAC Home Loans Servicing, L.P. 33917 Clifton Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, unsecured illegal shed, debris and outdoor storage – car jack, basketball net, chair, screen, toys, logs, ladder and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The shed needs to be removed and there are a few more violations: front porch overhang needs repair, broken screen and oil stains in the driveway. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, unsecured illegal shed, debris and outdoor storage – car jack, basketball net, chair, screen, toys, logs, ladder and other miscellaneous items. 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 33917 Clifton Drive and to direct the Code Official to abate the violations identified in the attached staff report including fixing the front porch 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0224 Kelly, James & Amy/Public Service Credit Union 4146 Augustine Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, pool area in need of restoration (topsoil, grade & seed/sod), playscape in disrepair, debris – logs/branches, wood, yard waste and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut, the logs and playscape were removed, the dryer vent was replaced and some landscaping was done. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, pool area in need of restoration (topsoil, grade & seed/sod), debris – branches, wood, yard waste and other miscellaneous items. 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 4146 Augustine 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0225 Delly, Raad 37103 Almont Drive East. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, illegal structure, improperly stored garbage can, barren grass area, debris - concrete. Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G12-0226 Federal Home Loan Mortgage Corp. 37258 Carpathia Blvd. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, uncovered pool in disrepair, missing garage window, debris – metal grate, wood, tarp 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 time to time but it is long again. The pool needs to be removed because it is inoperable and the tree branches need trimming (hanging too low over sidewalk). The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, uncovered pool in disrepair, missing garage window, debris – metal grate, wood, tarp and other miscellaneous items. 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 37258 Carpathia 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 No: None. Absent: Pitrone, Hartson. Motion carried. G12-0227 Federal Home Loan Mortgage Corp. 4408 Little John Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, bushes encroaching into city sidewalk, shed roof in need of paint, cut branches in right of way, damaged front gutter, debris – storm door, downspout, metal, branch pile, cardboard and many other miscellaneous items on side of the house. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, some trimming was done along the sidewalk. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, bushes encroaching into city sidewalk, shed roof in need of paint, cut branches in right of way, damaged front gutter, debris – storm door, downspout, metal, branch pile, TV, kiddie pool, cardboard and many other miscellaneous items on side of the house. 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 4408 Little John 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 No: None. Absent: Pitrone, Hartson. Motion carried. OLD BUSINESS - None NEW BUSINESS - None PUBLIC PARTICIPATION – None APPROVAL OF MINUTES Motion by Commissioner Ervin, supported by Commissioner DiGaetano to approve Minutes of the July 9, 2012 regular meeting. Yes: All. Absent: Pitrone, Hartson. Motion carried. ADJOURNMENT Motion by Commissioner Ervin, supported by Commissioner DiGaetano to adjourn. Yes: All. Absent: Pitrone, Hartson. Motion carried. Meeting adjourned at 8:17 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals