Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS AUGUST 27, 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 nine correspondences for tonight. They are as follows: G12- 0253, G12-0256, G12-0257, G12-0258, G12-0260, G12-0262, G12-0263, G12-0265 and G12- 0272; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0252 Malaj, Mark 39743 Byers Drive. Hearing on nuisance abatement at this location for weeds in front bed, missing attic vent and garage access door, outdoor storage and debris – mulch pile, branch pile, tires, bricks and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the weeds in the front bed, the mulch pile, 1 tire and the  bricks were removed. The following violations still exist: missing attic vent and garage access door, outdoor storage and debris – branch pile, tire 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 39743 Byers 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. G12-0253 Edwards, John 37116 Alper Drive. Hearing on nuisance abatement at this location for weeds/grass growing in between cracks/cuts of cement in sidewalk and driveway, overgrown bushes encroaching into city sidewalk. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G12-0254 Christiansen, Annette 40919 Auburndale Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/tree, weeds in landscaped beds, crack/cuts and perimeters, nuisance tree growing behind shed, landscaping borders in need of reinstallation or removal, basketball post/net in disrepair, rear yard in need of restoration (topsoil, grade seed/sod), unsecured shed, gutters in need of repair, trash/debris on front porch. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the shed is secured and the trash/debris was removed from the front porch. The following violations still exist: overgrown grass and bushes/tree, weeds in landscaped beds, crack/cuts and perimeters, nuisance tree growing behind shed, landscaping borders in need of reinstallation or removal, basketball post/net in disrepair, rear yard in need of restoration (topsoil, grade seed/sod), gutters in need of repair. Pictures were shown at this time. Mr. Viazanko let the Board know that the city did an emergency cleanup on the trash/debris on the front porch because the refrigerated products were rotting. Chairman Pitrone asked if the owner secured the shed. Mr. Hrinciuc assumed so.  Chairman Pitrone asked if the owner would be billed for the garbage clean up. Mr. Viazanko said, yes. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 40919 Auburndale 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. G12-0255 Vineyards Medical Building, LLC 42300 Van Dyke. Hearing on nuisance abatement at this location for weeds throughout landscaped beds, parking lot and perimeters, overgrown bushes, trash/debris around property, 2 holes in façade of building and flashing in need of repair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the holes and flashing were repaired. The following violations still exist: weeds throughout landscaped beds, parking lot and perimeters, overgrown bushes, trash/debris around property. Pictures were shown at this time. Mr. Viazanko stated that they will be spraying the parking lot so the weeds won’t come back. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 42300 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. G12-0256 Jarbo, Staiver Abbo 4531 Allegheny Drive. Hearing on nuisance abatement at this location for overgrown grass/weeds, trash and construction debris.  Memo received from Plumbing Inspector/Code Enforcement Officer, David Bean, stating that the nuisance has been abated and there is no further cause for action. G12-0257 Boulus, Basim 3190 Bywater Drive. Hearing on nuisance abatement at this location for weeds in front landscaped beds. Memo received from Plumbing Inspector/Code Enforcement Officer, David Bean, stating that the nuisance has been abated and there is no further cause for action. G12-0258 Soave-Stoffa Company, LLC 41798 Cardamon Drive. Hearing on nuisance abatement at this location for overgrown grass/weeds, trash and construction debris. Memo received from Plumbing Inspector/Code Enforcement Officer, David Bean, stating that the nuisance has been abated and there is no further cause for action. G12-0259 Larsa, LLC 41833 Cardamon Drive. Hearing on nuisance abatement at this location for overgrown grass/weeds, trash and construction debris. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the city contractor cut the grass and the trash was removed. There is also a downed Pine tree that needs to be removed. The following violations still exist: construction debris, downed Pine tree. 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 41833 Cardamon 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. G12-0260 Larsa, LLC 41754 Cardamon Drive. Hearing on nuisance abatement at this location for overgrown grass/weeds, trash and construction debris.  Memo received from Plumbing Inspector/Code Enforcement Officer, David Bean, stating that the nuisance has been abated and there is no further cause for action. G12-0261 Panicci, Anthony V./Flagstar Bank, F.S.B. 39518 Bella Vista Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, overhead garage in need of paint and miscellaneous debris in backyard. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there has been no change. The property has been tagged for the long grass. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, overhead garage in need of paint, debris – bricks, pots, wood and miscellaneous debris in backyard. 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 39518 Bella Vista 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. G12-0262 Fischer, Ronald & Jean/Christopher 11239 Canal Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0263 Golibart, Francis R./Federal National Mortgage Assoc. 43030 Utica Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts of cement and pavers, nuisance growth throughout, stagnant water on improper pool cover (needs safety cover). Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0264 Kelley, Clyde & Mary/JP Morgan Chase Bank, N.A. 11638 Diehl Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, tree limb too close to city sidewalk, junk auto in rear yard, improperly stored hose, debris - tire. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the junk auto was removed. The owner called and stated that the home is now owned by the bank. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, tree limb too close to city sidewalk, improperly stored hose, debris & outdoor storage – tire, bikes, kiddie pool and other miscellaneous items. Pictures were shown at this time. Ms. Patros, representative for Orlans Associates, stated that on 8/12/12 the redemption period ended and they have a hearing scheduled at the Sterling Heights court to take possession where they will present a writ of restitution and move for order of possession and hope it will be remedied by September 6, 2012. Mr. Cooper asked how long it would take after before they can take care of the violations. Ms. Patros believed mid September. Mr. Cooper pointed out that it would take at least a month. Ms. Patros acknowledged the time frame. Mr. Cooper appreciated her coming but he believed four weeks was too long to leave this mess with the summer winding down. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 11638 Diehl 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. G12-0265 Pisol, D & Binder A/Federal Home Loan Mortgage Corp. 11907 Ontario Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, stagnant water on pool cover, debris - logs. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0266 Lannoo, George & Alice 40614 Colony Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, garage roof in disrepair, basketball backboard in need of removal, junk vehicle in backyard, debris – empty flower pots. Horst Hrinciuc, Code Enforcement Officer, 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, garage roof in disrepair, basketball backboard in need of removal, junk vehicle in backyard, debris – chair, tub, empty flower pots. 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 40614 Colony 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. G12-0267 Federal Home Loan Mortgage Corp. 2021 Forest Mead Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, dead tree in the front east side in need of removal and tree on the west side in need of trimming. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut. The following violations still exist: overgrown bushes, weeds in landscaped beds, crack/cuts and perimeters, dead tree in the front east side in need of removal and tree on the west side in need of trimming. 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 2021 Forest Mead Drive and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0268 Bleecher Revocable Trust 40341 Lafayette Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, garage roof in disrepair, improperly stored garbage and garbage cans, debris and outdoor storage – bikes, toys, wood, cooler, brooms, lawnmower and many other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the grass was cut but the clippings were not cleaned up. He also removed the violation of a garage roof in disrepair. It was inadvertently placed on the agenda. The following violations still exist: overgrown bushes, weeds in landscaped beds, crack/cuts and perimeters, improperly stored garbage and garbage cans, debris and outdoor storage – bikes, toys, wood, cooler, brooms, lawnmower and many other miscellaneous items. Pictures were shown at this time. Mr. Bleecher stated he has been working on the property. Mr. Hrinciuc said the inspection today revealed minor improvement in the front of the property. Mr. Bleecher rebutted that he did most of the shrubbery in the back last week. Mr. Cooper asked if he could get the rest done in the next several days. Mr. Bleecher indicated yes except for the roof. Mr. Cooper let him know that the roof was removed from the agenda. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 40341 Lafayette Drive and to direct the Code Official to abate the violations identified in the attached staff report after September 3, 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. G12-0269 CitiMortgage, Inc. 2638 Fox Hill Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, fence in disrepair, improperly stored garbage cans, garbage and firewood. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there has been no change. There is also some debris that needs to be removed and an open storage unit. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, fence in disrepair, improperly stored garbage cans, garbage and firewood. 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 2638 Fox Hill 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. G12-0270 Federal National Mortgage Assoc. 5012 Fleming Court. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extension, improperly stored garbage can and garbage, displaced screen, debris – gas can, pile of burned material, tire, metal, wood, plastic and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there has been no change except someone placed some garbage by the curb. He added repairing the side gate to the agenda. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, missing downspout extension, improperly stored garbage can and garbage, displaced screen, debris – gas can, pile of burned material, tire, metal, wood, plastic 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 5012 Fleming Court and to direct the Code Official to abate the violations identified in the attached staff report including fixing the side gate 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. G12-0271 Bank of NY Mellon 2009 Deveere Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, front porch pillars in need of painting, missing/detached downspout, roof shingles in disrepair, overhead garage door frame in disrepair, missing dryer vent cover, peeling shed trim.  Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there has been no change but there were some roofers on site. He mentioned that the door trim also needs paint. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, front porch pillars in need of painting, missing/detached downspout, roof shingles in disrepair, overhead garage door frame in disrepair, missing dryer vent cover, peeling shed trim. 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 2009 Deveere 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. G12-0272 Federal National Mortgage Assoc. 5255 Botsford Ave. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters. Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G12-0273 Mac Leod, Edith L. 8367 New Bradford Blvd. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, junk vehicle in driveway, fence and house siding in disrepair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the city contractor cut the grass. The car, though proof of license was received, appears to be not drivable. The following violations still exist: overgrown bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, junk vehicle in driveway, fence and house siding in disrepair. 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 8367 New Bradford 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, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0274 Federal Home Loan Mortgage Corp. 36925 Maas Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, unsecured shed, debris – pond, plastic, wood, toys, aluminum and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the shed was secured and some landscaping was done in the front. He also added repairing the shed overhang and painting the shed trim to the agenda. He spoke with the landscaping company and they informed him that they would need to submit the proper bids to take care of all the violations. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts and perimeters, nuisance growth, unsecured shed, debris – pond, plastic, wood, toys, aluminum 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 36925 Maas Drive and to direct the Code Official to abate the violations identified in the attached staff report including repairing the shed overhang and painting the shed/shed trim 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 spoke of SHINE and the city clean up with only 20 volunteers. He remained to be an outspoken critic of the program. He asked about the Mound road project, he said this has been ongoing for years and he is in favor of demolishing the building. He was assured it would be wrapped up. He feels it can’t be defended any longer and it’s not safe. Mr. Judnick spoke about the "epidemic" of portable signs and wanted to know if every department was involved in removing these. He also spoke of "illegal" banner signs and inquired about whether the ordinance had changed for the size of campaign signs. He then showed pictures of dead trees in the surrounding area, a tent in front of a business and other miscellaneous violations. Chairman Pitrone asked if he had the addresses so he can turn them in. Mr. Judnick said, no and indicated that it wasn’t his job to do so. Mr. Viazanko let Mr. Judnick know that it would be very difficult to get a ruling to demolish the building on Mound. They would have to prove there is no structural integrity and it’s hard to sell that to the court. Our Economic Department is trying to help them find funding. We can be sure to get debris cleaned up and winterize the building. Mr. Viazanko addressed the signs by saying it is a "cat and mouse" game but all of the city departments are involved in trying to remove them. We also have a citizen volunteer. As for the political signs, he let him know that the city is working on some amendments to the ordinance right now, which he isn’t privy to but he knows the square footage hasn’t changed. Some of the signs slipped through but our Code Enforcement acted on them. He doesn’t really know the status right now but he assumes they were taken down. The tent, Mr. Judnick spoke of, is in violation and they are trying to get it removed. As for the dead trees, it is an ongoing problem but the one tree at 18 Mile and Utica; they have reached out to Macomb County Road Commission before it takes down the wires. APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Hartson to approve Minutes of the August 13, 2012 regular meeting. Yes: All. Absent: None. Motion carried. ADJOURNMENT Motion by Commissioner Cooper, supported by Commissioner Hartson to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 8:04 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals