Board of Ordinance Appeals I

City of Sterling Heights Ordinance Board of Appeals August 13, 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: 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 four correspondences for tonight. They are as follows: G12- 0229, G12-0235, G12-0237 and G12-0251; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0228 Mueller, Brian & Costello, Nicole 37156 Tericrest Drive. Asking Board approval to erect a 6’ privacy fence in the secondary front yard setback of Sheri Drive. Mrs. Mueller stated that they were given approval to install a 24X12 above ground pool. The fence is for safety, security and privacy. The fence they are installing is an expensive composite fence. They will be replacing a 4’ foot fence  that is not in good condition. Mr. Pitrone asked if the fence was going to be 6 feet and put in the same place as the existing fence. She said, yes. Mr. Cooper stated he drove by the site and didn’t see anything negative about putting up the fence. He asked Mrs. Mueller is she is aware of all the pool requirements for the barrier around the pool. She said, yes. Mr. Pitrone stated that he also went by the site and saw no issues with it at all. Motion by Commissioner Cooper, Supported by Commissioner Hartson to approve case G12-0228 at 37156 Tericrest 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. G12-0229 Moravian Plaza, LLC 14402 Fifteen Mile Road. Hearing on nuisance abatement at this location for overgrown weeds throughout parking lot, dumpster enclosure area and building. Memo received from Code Enforcement Coordinator, Paul Geiger, stating that the nuisance has been abated and there is no further cause for action. G12-0230 - Zalewski, Robert, Zajch, Priscilla & Wallace, Elizabeth 34111 Mound Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, fire pit debris, house window frames peeling, small and large garage doors in need of paint, broken garage door window, holes in garage siding, dilapidated swing set frame, missing downspout. 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, fire pit debris, house window frames peeling, small and large garage doors in need of paint, broken garage door window, holes in garage siding, dilapidated swing set frame, missing downspout. Pictures were shown at this time. A representative for the new owners stated that his client, Macomb Community Properties, just purchased the property at the Macomb County tax auction but the title transfer hasn’t taken place yet. Their intentions are to fix it up and sell it. He asked for a 30 day postponement. He said that if anything was done to the  property by the city right now, they couldn’t collect on it, because it is still owned by Macomb County. He said that once they have possession they would either clean it up or if necessary, demolish it. Mr. Cooper brought in question the comment about the city not being able to collect on the nuisance abatement. Mr. Viazanko stated he wasn’t aware of this and would have to ask legal counsel. The representative stated it was in the general property tax act, which he could provide to them. He stated that they have cut the grass and secured the property. Mr. Cooper asked Mr. Hrinciuc if there was any progress. He said the grass was cut. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 34111 Mound Road and to direct the Code Official to abate the violations identified in the attached staff report after September 4, 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. G12-0231 - Kunz, June & Hotz, Alan 2767 Pall Mall Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, debris filled gutters (trees growing), garage in need of paint, unsecured/broken overhead garage door, miscellaneous debris on side of garage. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, debris filled gutters (trees growing), garage in need of paint, unsecured/broken overhead garage door, miscellaneous debris on side of garage. Pictures were shown at this time. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 2767 Pall Mall 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. G12-0232 - Memcevic, Mark & Martin 35085 Marina Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage cans and garbage, debris – tire, pail, garbage bags, lawn bags, branches, cement, tree stump, outdoor storage - lawnmower, weed whip, shovel. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the front yard has been taken care of but the backyard hasn’t been touched. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage cans and garbage, debris – tire, pail, garbage bags, lawn bags, branches, cement, tree stump, outdoor storage - lawnmower, weed whip, shovel. 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 35085 Marina 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. G12-0233 - Federal Home Loan Mortgage Corp. 2741 Balsam Way Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/weeping trees, weeds in landscaped beds, crack/cuts and perimeters, debris – wood, planters, pail, 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 following violations still exist: overgrown grass and bushes/weeping trees, weeds in landscaped beds, crack/cuts and perimeters, debris – wood, planters, pail, 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 2741 Balsam Way 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. G12-0234 - Federal Home Loan Mortgage Corp. 39449 Della Rosa Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, debris – concrete and metal. 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, debris – concrete and metal. 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 39449 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, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0235 - Rossi, Steven & Lisa/Household Finance Corp. II 15012 Congress Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, barren spots in lawn, stagnant water in uncovered pool. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0236 - Brocious, Jeffrey & Terri Lynn 11345 Jacqueline Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extension, debris under pool deck, stagnant water in uncovered pool with ripped liner, patio furniture in need of removal. 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, missing downspout extension, debris under pool deck, stagnant water in uncovered pool with ripped liner, patio furniture in need of removal. 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 11345 Jacqueline  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. G12-0237 - Federal Home Loan Mortgage Corp. 6101 Waldo Ave. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, side entry door in need of paint, tree branches and bushes impeding public sidewalk. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0238 - Lance, Timothy & Jody/Federal National Mortgage Assoc. 15026 Rivendell Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, uncovered pool with stagnant water, debris – pop cans, pool tarps, pool equipment, empty planters, table, wood, wheel barrow, bags of topsoil, firewood, fire pit, plastic and many other miscellaneous items. 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, uncovered pool with stagnant water, debris – pop cans, pool tarps, pool equipment, empty planters, table, wood, wheel barrow, bags of topsoil, firewood, fire pit, plastic 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 15026 Rivendell 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. G12-0239 - Federal National Mortgage Assoc. 40160 Radcliff Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, broken tree limb. 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, broken tree limb. 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 40160 Radcliff 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. G12-0240 - Fortune, Kevin H./Bank of America 39546 Farnum Court. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, boarded windows in need of paint, debris – bricks, pavers, plastic tub and lid, downspout, crate 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 following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, boarded windows in need of paint, debris – bricks, pavers, plastic tub and lid, downspout, crate 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 39546 Farnum 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. G12-0241 - U.S. Dept. of Housing & Urban Dev’t 8324 San Marco Blvd. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, garage trim, overhead door and access door is in need of paint. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. Siding is also in need of repair. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, garage trim, overhead door and access door is in need of paint. Pictures were shown at this time. Mr. Cooper asked if the property is still vacant and noted that this property was abated about 8 months ago and a repeat offender. Mr. Hrinciuc said that was correct. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 8324 San Marco Blvd and to direct the Code Official to abate the violations identified in the attached staff report including fixing the siding 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. G12-0242 - Kurian, Joseph & Princely/Federal National Mortgage Assoc. 5255 Chadbourne Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, broken gate, outdoor storage – wheel barrow, debris – pile of dirt, yard waste and branch piles. 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, broken gate, outdoor storage – wheel barrow, debris – pile of dirt, yard waste and branch piles. 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 5255 Chadbourne 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. G12-0243 - Samara Property Management, LLC 33950 Van Dyke. Hearing on nuisance abatement at this location for weeds throughout property and in landscaped beds, dumpster enclosure in disrepair with garbage, tree branches encroaching into city sidewalk clearance, missing downspout, exposed wiring, debris – shopping cart, furniture and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. Someone contacted Mr. Hrinciuc stating they would take care of everything and he advised them to attend tonight’s meeting to ask for an extension. The following violations still exist: weeds throughout property and in landscaped beds, dumpster enclosure in disrepair with garbage, tree branches encroaching into city sidewalk clearance, missing downspout, exposed wiring, debris – shopping cart, furniture 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 33950 Van Dyke 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. G12-0244 - Banks, Rutherford Jr. & Sharon/Beneficial Michigan, Inc. 11398 Canterbury Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth throughout, outdoor carpet on deck in need of removal, missing or damaged gutters, debris – brick, tables, gutters, chairs, shredded outdoor carpet and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut. He did receive a message from the owners but he has not been able to reach them. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth throughout, outdoor carpet on deck in need of removal, missing or damaged gutters, debris – brick, tables, gutters, chairs, shredded outdoor carpet and other miscellaneous items. Pictures were shown at this time.  Mr. & Mrs. Rutherford said they were doing the best they could. Mr. Pitrone asked if they wanted to address any of the items. Mrs. Rutherford stated that they would take care of all the landscaping and debris within 10 days. Mr. Pitrone asked about the damaged gutter. Mrs. Rutherford said she would try to take care of it. Mr. Cooper asked if they were still the owners. Mrs. Rutherford said they were in the process of moving out right now. Mr. Cooper asked if they were still going to take care of everything before they move out. She said they have to, they are supposed to be out by the 23rd of this month. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 11398 Canterbury Drive and to direct the Code Official to abate the violations identified in the attached staff report after August 20, 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. G12-0245 - Federal Home Loan Mortgage Corp. 33679 Shelley Lynne. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, improperly stored garbage cans/garbage, debris - plywood. 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, nuisance growth, improperly stored garbage cans/garbage, debris - plywood. 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 33679 Shelley Lynne 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. G12-0246 - Bank of America, N.A. 34620 Moravian Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, tree branches encroaching into city sidewalk clearance, missing downspout extension, damaged garage gutter. 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, tree branches encroaching into city sidewalk clearance, missing downspout extension, damaged garage gutter. 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 34620 Moravian 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. G12-0247 - Land Holding, LLC 6227 Millett Ave. Hearing on nuisance abatement at this location for overgrown grass, weeds in and around parking lot and building, debris – basketball net, pallet, pail, tires and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. He received a call from the responsible party and a crew was out there today taking care of the violations. The following violations still exist: overgrown grass, weeds in and around parking lot and building, debris – basketball net, pallet, pail, tires and other miscellaneous items. Pictures were shown at this time. Mr. Osiecki, broker for the bank, said that Wednesday they are closing on the property and they have their crew out there cutting the grass, removed the basketball hoop and are taking care of the weeds. The new owners will do everything else. He said that by one week from Friday everything would be cleaned up. Mr. Pitrone let him know that the buyers need to be informed of this and asked if he was going to be there for the closing. Mr. Osiecki said, yes he will do that and he will be there. Mr. Cooper asked if they were given two weeks would that give them plenty of time to correct the violations. Mr. Osiecki said, absolutely. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 6227 Millett Ave  and to direct the Code Official to abate the violations identified in the attached staff report after August 27, 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. G12-0248 - CitiBank, N.A. 5238 Botsford Ave. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, broken sump pump discharge, peeling deck, outdoor display - Christmas lights, deck handrails in disrepair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the Christmas lights and handrails have been corrected. There is now a dislodged door wall screen. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, broken sump pump discharge, peeling deck. 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 5238 Botsford 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. G12-0249 - Deutsche Bank National Trust Co. 4467 Singh. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, roof shingles in disrepair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there is no change. This property has been abated previously. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, roof shingles in disrepair. 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 4467 Singh 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. G12-0250 - Federal Home Loan Mortgage Corp. 40360 Denbigh 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, shingles being stored on roof. 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, roof shingles in disrepair, shingles being stored on roof. Pictures were shown at this time. Mr. Hrinciuc pointed out that the shingles have been on the roof for almost 6 months. Mr. Pitrone asked if the roof shingles are still good. Mr. Hriunciuc stated that he wouldn’t think so. Mr. Gill stated that he paid a contractor $3,000 up front to do the job and he never came back. He has a court date on August 22, 2012. He also stated he just got the property back from the bank and he’s waiting for the title to be transferred back into his name. He doesn’t want to spend any money to fix the roof until that is done. He said that there is a delay in that process for some reason. Discussion ensued about the delay in the property transfer. Mr. Pitrone asked about the other violations. Mr. Gill said they would be taken care of. Mr. Pitrone let the Board know that he realizes that there are extenuating circumstances but he is not the property owner at this point. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 40360 Denbigh Drive and to direct the Code Official to abate the violations identified in the attached staff report after August 27, 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. Mr. Cooper let Mr. Gill know that he was given two weeks to get everything in order but this needs to be resolved one way or another. He appreciated him being  here tonight and he is hopeful that he can get this done. Mr. Gill said he will try his best. G12-0251 - Qarana, Johny 4681 Brockham Way. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly covered in ground pool with stagnant water, outdoor storage – lawnmower, debris – branch pile. Memo received from Neighborhood Liaison Specialist, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. OLD BUSINESS 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 the only violation remaining is cars filled with trash. There is very bad odor coming from them and an excessive amount of flies. Pictures were shown at this time. Mr. Pitrone asked about this being placed back on the agenda and if all the other violations were corrected. Mr. Hrinciuc let him know that everything is done except for the cars. It seems to be a hoarding situation out of hand. Mrs. Quayle stated she is having personal issues and taking care of them. She said that the smaller car is being detailed right now and the van just had furniture in it. On the issue of the grass, they had to buy a new lawnmower yesterday and today they were working on it along with the bushes. She said it would be taken care of on a weekly basis from now on. She said she needed until Friday to finish it up. Mr. Cooper asked Mr. Hrinciuc about having to abate this property earlier this year and whether these are new conditions. Mr. Hrinciuc let him know that the cars were never abated but now the smell is creating a nuisance. Mr. Ervin pointed out the violation history on this property. Mr. Viazanko said that the cars have now created a nuisance with the pungent odor and flies. They are not drivable, as they see it and they discussed with legal counsel their options on abating this nuisance. Mr. Pitrone wanted clarification about whether it was against the ordinance to store a non-drivable vehicle. Mr. Viazanko stated that if they are licensed there is not much they can do but these vehicles have become a nuisance because of the odor. There are two options: tow them or open them up and clean them out. Mr. Pitrone though it would be the best interest just to remove  the nuisance. Mrs. Quayle asked for an additional week. Mr. Pitrone said they would consider it but he doesn’t know if they will give her any more time. Mr. Cooper asked about this being under old business. Mr. Viazanko stated they still had the case open because of the cars and counsel advised them to bring it back under old business. Mr. Viazanko continued by saying they would have to get an administrative warrant in order to remove or clean out these vehicles. Mr. Pitrone said he was in favor of removing them and asked if this will go to district court. Mr. Viazanko stated, yes. Mr. Pitrone recognized that this Board really couldn’t rule on removing the vehicles because the court may see it another way. Mr. Viazanko agreed, he stressed that they are legal vehicles. Mr. Ervin said he also supported removing the vehicles because they are just being used as receptacles to hoard or store items. This property has been a perpetual violator over the years and he feels sorry for the neighbors. He will not vote for an extension and wants to have an end point tonight. Motion by Commissioner Cooper, supported by Commissioner Ervin 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 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. NEW BUSINESS - None PUBLIC PARTICIPATION – None APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Ervin to approve Minutes of the July 23, 2012 regular meeting. Yes: All. Absent: None. Abstain: Hartson, Pitrone. Motion carried. ADJOURNMENT Motion by Commissioner Cooper, supported by Commissioner Ervin to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 8:35 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals