Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS SEPTEMBER 10, 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, Timothy Berger, Building Inspector/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 eight correspondences for tonight. They are as follows: G12-0276, G12-0278, G12-0280, G12-0285, G12-0287, G12-0288, G12-0294 and G12-0296; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0275 GGVR Equities, L.L.C. 44101 Ryan Road. Asking Board approval to install a 20’ wide asphalt driveway. Mr. Murad stated that there is a 600’ driveway on this 5-acre parcel. It was purchased a few years ago and the 20’ driveway was installed without permits. He is asking to keep the driveway “as is” for safety reasons. A 10’ wide driveway is not wide enough to allow 2 cars to pass. He showed pictures at this time. Mr. Viazanko let the Board know that approval was given for a 10’ asphalt driveway but the previous owners extended it to 20’ without permits and the petitioner, though he needs to repair it, wishes to keep the driveway 20’. If he were asking for 10’, it would be okay. Mr. Pitrone asked if they were given a variance for the asphalt already. Mr. Viazanko replied, yes. Then, Mr. Pitrone asked if the variance is just for the 20’ and Mr. Viazanko said, yes. Mr. Murad continued by saying that this is basically a road and requires more than 10’. He believed this falls outside the ordinance. Mr. Pitrone asked if the concrete approach was wider. Mr. Murad said, yes. Mr. Cooper asked if the driveway would be relocated in the exact location. He mentioned that the driveway favors the left side. Mr. Murad said he wasn’t going to move the driveway since there is a possibility of a future 10-acre subdivision deal that they are helping develop. If the deal goes through, the driveway will be relocated and homes will be built instead. Discussion ensued about the possible new development. Mr. Cooper asked if the fence and landscaping were gone. Mr. Murad said, yes. Mr. Cooper then asked Mr. Viazanko about the width of the driveway and how other residential homes have more than 10’ wide driveways. Mr. Viazanko let him know it was a minimum requirement of 10’. Mr. Pitrone was confused on the type of variance. Mr. Viazanko said they are asking to get approval for the additional 10’ of asphalt that was installed. Mr. Pitrone clarified that if he was doing concrete, they would not be here tonight. Mr. Viazanko said that was correct. Mr. Cooper was now clear on the variance. Mr. Pitrone suggested that this may need a time limit on it and believed it should be a concrete driveway at some point. Mr. Murad let him know the driveway is way too long and if the deal went through he would have to tear out all that concrete. It would be very expensive. Mr. Pitrone informed Mr. Murad that expense is not a factor they are supposed to consider as for a reason to allow a variance. Mr. Murad said that they already have 100’ of cement already. Mr. Pitrone said if a time limit was set they could always apply for another variance. Mr. Cooper stated he believed this is a very unique piece of property and that the driveway was already asphalt though it was widened without permits. He believes there has been no negative impact or hardship to the neighbors and agrees that this is more like a road than a driveway. He didn’t believe it’s highly noticed when driving by and without the fence and landscaping it has less structure and volume. Mr. Ervin said that he believes it is a safety issue and the difficulty of 2 cars being able to pass. Mr. Pitrone agreed. Motion by Commissioner Cooper, Supported by Commissioner Ervin to approve case G12-0275 at 44101 Ryan Road 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. G12-0276 Dockery, David & Karie 4669 Dickson Drive. Hearing on nuisance abatement at this location for overgrown bushes/vines, weeds in landscaped beds, crack/cuts of cement and perimeters, loose tree branches (rear), low hanging tree branch (front), pool filter enclosure in disrepair, outdoor storage and debris – branches, wood, garbage bag, pool accessories, pail and other miscellaneous items. Memo received from Code Enforcement Officer, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0277 Coleman, Carol 33965 Viceroy Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, crack/cuts of cement and perimeters, improperly stored garbage cans/garbage and hose, fence in disrepair, unpainted boarded window, outdoor storage and debris – tools, shovel, grill cover, kiddie pool, charcoal grill, wood, broken screen, window, empty pots and other miscellaneous items. Tim Berger, Building Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, most of the debris is gone and there is a dumpster in the driveway. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, crack/cuts of cement and perimeters, improperly stored garbage cans/garbage and hose, fence in disrepair, unpainted boarded window, outdoor storage and debris – tools, shovel, grill cover, kiddie pool, charcoal grill, wood, broken screen, window, empty pots and other miscellaneous items. Pictures were shown at this time. Ms. Coleman said this is a rental property and she is filing the papers to evict tomorrow. Mr. Cooper asked who ordered the dumpster. She said it had to be the renters. She let him know that she has a guy that will fix everything and will also have a landscaper out. Mr. Cooper asked if it could be done in the next week. She said, yes but asked about what to do with the fence. Discussion ensued about the fence. Mr. Cooper asked if she has access to the home to take care of everything. Ms. Coleman believed she had access for anything outside and it didn’t look like anyone lives there any more. Mr. Cooper let her know that would be something for her lawyer to tell her. Mr. DiGaetano asked Mr. Berger if the unpainted boarded window was still there. Mr. Berger indicated it was corrected. Mr. DiGaetano asked, though a moot point, if it were to be painted, would it have to match the frame and window or match the brick. Mr. Berger let him know that the ordinance states the color must match the façade of the structure and would recommend matching the window. Mr. Pitrone asked who removed the air conditioner. Ms. Coleman didn’t know why it was there in the first place but believed it was the renter that removed it. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 33965 Viceroy Drive and to direct the Code Official to abate the violations identified in the attached staff report after September 17, 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. G12-0278 Kosorski, Deborah 34800 Koch Ave. Hearing on nuisance abatement at this location for overgrown bushes/ornamental tree, weeds in landscaped beds, cracks/cuts of cement and perimeters, dead landscaping in need of removal/replacement (side of house), missing downspout extension. Memo received from Code Enforcement Officer, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0279 J.S. Petroleum 34949 Van Dyke. Hearing on nuisance abatement at this location for canopy and light poles in need of painting, satellite dish secured with cinder blocks on roof, dumpster enclosure in disrepair, illegal outside firewood sales and banner, missing handicap parking, fascia of building, missing downspout extension, gutters in disrepair/missing, overgrown vines, weeds throughout landscaping and property. Tim Berger, Building Inspector/Code Enforcement Officer, stated everything was done but the light poles and façade of the building. Pictures were shown at this time. Mr. Jammooa said the remaining items would be completed next week. There will be a new image for the canopy and store because it is now a Citgo. Mr. Pitrone asked when that happened. Mr. Jammooa indicated about 4 days ago. He asked for an additional 10 days to complete the violations. Mr. Cooper asked him if he could get it done in 10 days. Mr. Jammooa said, yes. Mr. Viazanko let him know that he is only allowed 2 signs and that he will need to get the proper permits. Mr. Jammooa said he would do that. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 34949 Van Dyke and to direct the Code Official to abate the violations identified in the attached staff report after September 21, 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. G12-0280 Mobil Gas Station 40970 Mound Road. Hearing on nuisance abatement at this location for dumpster gate in disrepair, overgrown grass, weeds in landscaped beds and throughout property, debris and loose trash. Memo received from Code Enforcement Officer, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0281 KNS Development, LLC 8100 Fifteen Mile Road. Hearing on nuisance abatement at this location for weeds in landscaped beds, overgrown bushes, missing tree (tree stump) and shrubs in need of replacement, dumpster enclosure in disrepair, light poles in need of painting, illegal sign (light poles) and outside sales, fire suppression tank and gas pump island in need of paint. Tim Berger, Building Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The landscape blocks also need to be reset. The following violations still exist: weeds in landscaped beds, overgrown bushes, missing tree (tree stump) and shrubs in need of replacement, dumpster enclosure in disrepair, light poles in need of painting, illegal sign (light poles) and outside sales, fire suppression tank and gas pump island in need of paint. Pictures were shown at this time. Mr. Patel said that he took care of some of these items. He was not aware of him not being able to put a sign in his own building. He said that Meijer and Home Depot have outside sales and not sure if he needs a permit but if he does, he will get one. He indicated that the landscaping would be done next week. The tree stump he can cut all the way down but he is afraid someone will trip over it. The painting of the fire suppression and gas island pump would also be done next week. Mr. Pitrone let him know that those stores he spoke of get seasonal permits and asked about why this has been going on for over a year. Mr. Patel said he painted the poles. Mr. Pitrone was concerned that this is the same list of violations from a year ago and how nothing really was addressed. Mr. Patel said that the weeds keep coming back. Mr. Pitrone said that there is a proper way of stopping them. Mr. Cooper asked if he could get everything done in the next 10 days. Mr. Patel said, he will. Mr. Cooper let him know that a lot of times the bigger stores have outdoor sales approved in their site plans or have seasonal permits. Mr. Viazanko let Mr. Patel know that yes, seasonal permits have been issued to those stores but not to applicants who have outstanding code violations. He expresses his disappointment that this has been going on for over a year now. He let him know that he cannot block the public right of way. He stressed that because of his location, he is required to maintain his property to a certain level. He let him know that he can’t just cut down a tree and not replace it. He has an approved landscaping plan, which he is required to follow. He stated that the landscaping blocks are also a safety hazard. He indicated that this has been going on way too long and he has to have some type of responsibility for maintaining his property. The city has already been out there to do work but we were chased off the property. He told him he has a certain obligation to the community to get this cleaned up. He informed him that there is a maximum of 25% sign coverage on a building, again, for safety reasons. The police driving by can’t see into the building. Mr. Pitrone asked about our contractor being chased off. Mr. Patel said he just bought the property and he was having his guys clean it up that same day. Mr. Viazanko stressed that we have had to have our contractor out there to do work and this property has been an issue for us for quite some time. Mr. Pitrone asked if we were getting reimbursed for that. Mr. Viazanko said, yes. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 8100 Fifteen Mile Road and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0282 Touchette, Bernard & Theresa 13508 Cloverlawn Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, un-operational pool in disrepair and stagnant water (vegetation growing inside pool), access door to house in need of paint, improperly stored garbage cans, outdoor storage – lawnmower, light post in disrepair, miscellaneous trash and debris on pool deck and front porch. Tim Berger, Building Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, un- operational pool in disrepair and stagnant water (vegetation growing inside pool), access door to house in need of paint, improperly stored garbage cans, outdoor storage – lawnmower, light post in disrepair, miscellaneous trash and debris on pool deck and front porch. 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 13508 Cloverlawn 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. G12-0283 Younis, Wilson 38439 Warwickshire Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, gutter in disrepair, missing dryer vent, disconnected downspout, debris on side of home. Tim Berger, Building Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, gutter in disrepair, missing dryer vent, disconnected downspout, debris on side of home. Pictures were shown at this time. Mr. Younis said that he had to move out and didn’t have time to take care of both houses. Mr. Cooper asked how he was going to solve this problem. Mr. Younis indicated that he moved back into the house. Mr. Cooper asked if he will have time to take care of it now and if he could get it done next week. Mr.Younis said, yes. Motion by Commissioner Hartson, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 38439 Warwickshire Drive and to direct the Code Official to abate the violations identified in the attached staff report after September 17, 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. G12-0284 Rymsza, Linda 12227 Bliss Court. Hearing on nuisance abatement at this location for blocking rear yard drainage (installation of pond in rear of property). Tim Berger, Building Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: blocking rear yard drainage (installation of pond in rear of property). Pictures were shown at this time. Ms. Rymsza asked for 30 days to relocate the pond out of the easement. She just needs the city to tell her where she can put it. Mr. Pitrone pointed out that it has to be put back to the original grade. She said that she didn’t touch the grade and that ever since she bought the property it is always so wet back there. She blamed the wetness on the soil being clay and not being able to drain well. Mr. Cooper asked if there was a catch basin in the back somewhere. Mr. Viazanko indicated there is one at a neighboring yard. He also let the Board know that he thinks that the pond overflowing is compounding this problem. He said that the neighbors a more than willing to work this out with her. She said that she tried to see Mr. Romano but he wasn’t home. Mr. Viazanko said that she has been trying to be very cooperative but the pond needs to be moved out of the easement. Mr. Cooper understood it takes time to get this done. Discussion ensued about the catch basin and drainage issue. Mr. Cooper wanted to make sure that when this is done that the yard is pitched towards the catch basin. Ms. Rymsza said she wants to remedy this for both her and the neighbors. Mr. Francis stated that they have been having this issue with her for around a year now. He told the Board about a couple of the conversations they had in regards to the problem and her refusal to acknowledge the problem the pond was causing. And, though they have been patient and are willing to work with her, this problem needs to be remedied. Mr. Cooper asked if they were to give her another 30 days would he be okay with it. Mr. Francis said he was a little skeptical. Mr. Cooper let him know that now that they are taking action on it, it will be done whether or not she does it herself. Mr. Frnacis wanted to make it clear that they don’t have an issue with her but the problem the pond is causing. Ms. Rymsza didn’t want it on record that just her pond was causing the problem. Mr. Pitrone let her know that the grade needs to be proper. Mr. Cooper noticed that the stories may be a little different from each side but let Ms. Rymsza know that 30 days is a reasonable amount of time to resolve this and if she doesn’t the city will do it at her cost. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 12227 Bliss Court and to direct the Code Official to abate the violations identified in the attached staff report after October 10, 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. G12-0285 Dionisi, Silvio & Patricia 36809 Manning Court. Hearing on nuisance abatement at this location for overgrown bushes impeding the 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. G12-0286 Elia, Arkon 35515 Marina Drive. Hearing on nuisance abatement at this location for missing downspout, improper pool barrier (gate missing self latching & locking mechanism), stagnant water on pool cover. Tim Berger, Building Inspector/Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the pool was drained, gate installed and the downspout was fixed. He indicated that the pool still needs a safety cover. Pictures were shown at this time. Mr. Elia said that this was a rental property and he closed the pool because he lacked the funds to maintain it. He said he drained the pool, installed the proper gate and fixed the downspout. Mr. Cooper let him know that he can’t keep it uncovered. Mr. Elia said that he left it open to show that he cleaned it up and that he is going to put water into it and cover it up. Mr. Cooper indicated that the cover would have to be a safety cover. Mr. Elia understood and he asked for 30 days. Mr. Cooper asked if he could get it done next week. Mr. Elia said that he needs to get up a couple of grand to pay for the safety cover and that will take a couple of weeks and that he would need 14 –21 days. Mr. Cooper asked about 2 weeks. Mr. Elia didn’t want to say he could do it in 14 days if he can’t be done. Mr. Cooper pointed out the principal exemption on the home and asked Mr. Viazanko to look into it. Mr. Viazanko let Mr. Elia know that emptying a gunite pool is the worst thing he could have done. The hydrostatic pressure will push the pool up and told him that he needs to fill it up at least half way and put a safety cover on it as soon as possible to prevent that from happening. Mr. Cooper agreed and told him he needs to start filling that pool tonight. Motion by Commissioner Cooper, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 35515 Marina Drive and to direct the Code Official to abate the violations identified in the attached staff report after September 24, 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. G12-0287 Peplinski, Vivian 35176 Lana Lane. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, improperly stored garbage can. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G12-0288 Gerrish, Peter 14197 Mary Grove Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, two gutters in disrepair, pool removal area in need of restoration (topsoil, grade, seed/sod), debris – pool remnants/accessories, tress branches, logs and other yard waste. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G12-0289 Zoura, Faozi/Federal National Mortgage Assoc. 40138 Harcourt Drive. Hearing on nuisance abatement at this location for overgrown grass, vines, ornamental tree and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass, vines, ornamental tree and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters. 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 40138 Harcourt 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. G12-0290 Knoche, Stephen Louis, Jr. 8823 Royce Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, roof in disrepair, missing aluminum siding on chimney. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, roof in disrepair, missing aluminum siding on chimney. Pictures were shown at this time. Motion by Commissioner Hartson, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 8823 Royce 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. G12-0291 Bank of NY Mellon 42377 Cannon Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement/pavers and perimeters, roof in disrepair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement/pavers and perimeters, roof 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 42377 Cannon 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. G12-0292 Hanna, Nuri/Bank of NY Mellon 12348 Moers Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement/pavers and perimeters, loose siding in need of repair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement/pavers and perimeters, loose siding in need of repair. Pictures were shown at this time. Motion by Commissioner Ervin, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 12348 Moers 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. G12-0293 Hauck, R & Worthington, L/Federal National Mortgage Assoc. 42516 Willsharon Street. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, dead tree in need of removal (backyard), stagnant water in pond, debris – limb pile. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. He asked the pond be removed, filled, graded and seeded. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, dead tree in need of removal (backyard), stagnant water in pond, debris – limb pile. 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 42516 Willsharon Street 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. G12-0294 Naoum, Salwa 40304 Denbigh Drive. Hearing on nuisance abatement at this location for weeds in landscaped beds, cracks/cuts of cement and perimeters, fence 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. G12-0295 Aurora Bank, FSB 8995 Kidley Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, low hanging branch impeding city sidewalk. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. Also, a low hanging cable in the backyard needs to be taken care of. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, low hanging branch impeding city sidewalk. 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 8995 Kidley Drive and to direct the Code Official to abate the violations identified in the attached staff report including taking care of the low hanging wire 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. G12-0296 Bank of America, N.A. 44894 Sterritt St. Hearing on nuisance abatement at this location for garage in need of paint. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0297 Federal National Mortgage Assoc. 33754 Kennedy Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, broken storm door, improperly stored garbage cans, debris – deflated kiddie pool, folding chair, pile of landscaping lights, hose, blanket and other miscellaneous items, outdoor storage - bikes. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, the broken storm door was boarded up and painted. There are also barren grass areas in the front lawn that need to be seeded. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, improperly stored garbage cans, debris – deflated kiddie pool, folding chair, pile of landscaping lights, hose, blanket and other miscellaneous items, outdoor storage - bikes. Pictures were shown at this time. Mr. Viazanko let the Board know that our contractor did an emergency board up on this home. Motion by Commissioner Cooper, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 33754 Kennedy 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. G12-0298 Federal National Mortgage Assoc. 13916 Wales Court. Hearing on nuisance abatement at this location for overgrown bushes, trim and gutters in need of paint, roof in disrepair. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown bushes, trim and gutters in need of paint, roof in disrepair. Pictures were shown at this time. Ms. Regan said that this is a bad foreclosure and they have been in litigation with Fannie Mae and Bank of America. There is nothing she can do at this time. She indicated that she isn’t going to fix anything unless she knows this is still going to be her home. Mr. Cooper let her know that the city has been quite patient with her and this started over 2 years ago. She agreed. Mr. Cooper said that the home has been deteriorating for the last 2 years. Ms. Regan asked who was responsible since she doesn’t know if she even owns the home yet. Mr. Cooper said that if she is comfortable living in the home rent free for the last 2 years, then she should be comfortable enough to take care of it during those 2 years. Mr. DiGaetano pointed out that the owner on record was Federal National Mortgage Association. Ms. Regan let the Board know that she was there in front of them not because she doesn’t want to take care of the home but if she winds up losing and the home is not hers she won’t be taking care of it. Mr. DiGaetano pointed out that if the Board ruled for action that she wouldn’t have to fit the bill since she is not the owner of record. Ms. Regan stated she didn’t have a problem with the abatement and if that is part of the settlement, she is okay with that. Mr. Pitrone wanted everyone to keep in mind that she is not the owner, only a tenant. And, the owner will be responsible for the bill. Mr Judnick asked for an immediate abatement. Motion by Commissioner DiGaetano, supported by Commissioner Ervin to declare that a public nuisance exists on the property commonly known 13916 Wales 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. G12-0299 Sorgeloos, Karen M. – Trust/JP Morgan Chase. 14490 Edshire Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, debris – soccer net. 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 grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, debris – soccer net. 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 14490 Edshire 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. G12-0300 Bank of NY Mellon 33283 Sebastian Lane Drive. Hearing on nuisance abatement at this location for overgrown grass, ornamental tree and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth, debris – countertop, tiles, wood, branch piles, rugs and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. The following violations still exist: overgrown grass, ornamental tree and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth, debris – countertop, tiles, wood, branch piles, rugs 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 33283 Sebastian Lane 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. G12-0301 Deutsche Bank National Trust Co. 33065 Shelley Lynne. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth throughout, in ground pool with stagnant water in disrepair (safety cover required or complete removal of pool), debris – branches, waste basket, pots, cardboard box filled with items, cinder blocks, screens, and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. He spoke with the owner previously and they removed the canopy out of the driveway but then vacated the property. As of today, there was a landscaping company on site. The weeds were cut down but not removed. The concrete around the pool needs to be leveled in order to install a safety cover. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth throughout, in ground pool with stagnant water in disrepair (safety cover required or complete removal of pool), debris – branches, waste basket, pots, cardboard box filled with items, cinder blocks, screens, and other miscellaneous items. Pictures were shown at this time. Mr. Viazanko asked if the gate is locked. Mr. Hrinciuc said, no it just hooks and is not a proper gate. Mr. Pitrone asked if it could be padlocked. Mr. Hrinciuc said, yes. He indicated that the pool needs to be removed and that it just needs to be made safe. Motion by Commissioner Ervin, supported by Commissioner Cooper to declare that a public nuisance exists on the property commonly known 33065 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. G12-0302 Northpointe Bank 4141 Nickolas Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth throughout, rotted window frames, torn door wall screen, debris – garbage at curb. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. This home was previously abated by an administrative warrant. Our city contractor for grass cutting has tagged the door. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth throughout, rotted window frames, torn door wall screen, debris – garbage at curb and fire pit. 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 4141 Nickolas 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. G12-0303 Kruger Family Trust/U.S. Bank, N.A. 36555 Briarcliff Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, bushes encroaching into city sidewalk clearance, missing downspout extensions, nuisance growth throughout, unpainted boarded window, debris – branches, paint cans, garbage, dilapidated glider, branches, yard tools, plastic, wood and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. As of today, there was no change. There is also a dead tree and basketball net that needs to be removed. The shed also needs to be secured. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, bushes encroaching into city sidewalk clearance, missing downspout extensions, nuisance growth throughout, unpainted boarded window, debris – branches, paint cans, garbage, dilapidated glider, branches, yard tools, plastic, wood and other miscellaneous items. Pictures were shown at this time. Motion by Commissioner Ervin, supported by Commissioner Hartson to declare that a public nuisance exists on the property commonly known 36555 Briarcliff Road and to direct the Code Official to abate the violations identified in the attached staff report including removing the dead tree and basketball net 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. G12-0304 Federal National Mortgage Assoc. 3143 Elmcrest Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, damaged downspout, debris – paper, plastic, branches and other miscellaneous items. Horst Hrinciuc, Code Enforcement Officer, stated a couple of violation notices were sent. He taped the returned violation to the front door. As of today, there was no change. The city contractor has tagged the property for grass cutting. The following violations still exist: overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, damaged downspout, debris – paper, plastic, branches 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 3143 Elmcrest Road and to direct the Code Official to abate the violations identified in the attached staff report immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. OLD BUSINESS - None NEW BUSINESS - None PUBLIC PARTICIPATION Mr. Judnick thanked Code Enforcement for working hard and keeping the city clean from all the foreclosed properties. He also thanked Mr. Viazanko for getting on the properties from 2 weeks ago. Most of the violations are corrected. Mr. Judnick asked about the Ryan Road fruit market, illegal signage on Van Dyke for Sterling Jackpot Junction and the banner for the hookah lounge. He didn’t believe the hookah lounge has been given a Certificate of Occupancy. Mr. Viazanko said that the Ryan Road fruit market has been issued a violation and the tent was supposed to be down. If not, it will be ticketed and taken to court. A violation notice was also sent to the Sterling Jackpot Junction for the advertisement on the parked unlicensed van. He was unaware of the hookah lounge and he will look into it. APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Hartson to approve Minutes of the August 27, 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 9:34 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals