Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS OCTOBER 9, 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, Patrick Willis, 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: G12-0340, G12-0341, G12-0344, G12-0347, G12-0350, G12-0353, G12-0354, G12-0356, and G12-0362; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0338 - Zaniewski, Jamie/Carol/Eugene 34807 Carbon Drive. Hearing on the determination that a potentially dangerous dog is harbored at this location. Motion by Commissioner Cooper, Supported by Commissioner Hartson to move case G12-0338 to the last case of considerations. Yes: All. Absent: None. Motion carried. G12-0339 Cisco, Theresa 34480 Van Dyke. Asking Board approval to erect an 8’ cyclone fence. Ms. Cisco-Bridges, representative of property owner, described the variance that was being requested. A discussion was held among board members. Motion by Commissioner Cooper, Supported by Commissioner Ervin to approve case G12-0339 at 34480 Van Dyke 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. 3- that the concrete wall is removed and the fence is erected within the property lines. 4 – that the new fence will be 7’ high with 1’ barbwire for a total height of 8’ 5 – that the existing fence be lowered to match the new fence. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0340 Walvekar Tarpon, LLC 37600 Van Dyke. Hearing on nuisance abatement at this location for landscaping in need of maintenance, graffiti on signs and back of building, light poles in need of paint, diseased tree, debris - branches. Memo received from Neighborhood Liaison Specialist, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0341 15 Mile, LLC 6281 Fifteen Mile Road. Hearing on nuisance abatement at this location for overgrown weeds, bushes, trees, grass and nuisance growth, rear wall of building in need of paint. Memo received from Neighborhood Liaison Specialist, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0342 Whitaker, Gertrude M. 33035 Richard O Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, car filled with trash and debris, improperly stored garbage cans, many items of debris & outdoor storage on porch, backyard and side of home. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, a lot of outdoor storage was removed but there are still violations not corrected. Pictures were shown at this time. Ms. Lindquist appeared on behalf of the owner. She indicated that due to both their illnesses they have not been able to take care of all the violations. Mr. Viazanko implied the SHINE program might be able to help her. Someone from the audience volunteered to help her also. Commissioner Cooper asked if it could be done in two weeks. He said, yes. Moved by Commissioner Cooper, supported by Commissioner Ervin, to declare that a public nuisance exists on the property at 33035 Richard O Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report after October 23, 2012. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0343 Lane, Cynthia 4118 Jefferson Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/ornamental tree, weeds in landscaped beds, cracks/cuts of cement and perimeters, landscaping circle bed in need of repair, landscaping lights in disrepair, in need of removing unapproved fencing material attached Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, the violations still exist on the property. Pictures were shown at this time. Moved by Commissioner Ervin, supported by Commissioner Hartson, to declare that a public nuisance exists on the property at 4118 Jefferson Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0344 Billusha, Arben/Lazaj, K & O 2081 Sprucewood Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, rear landscaping obstructing water drainage. Memo received from Neighborhood Liaison Specialist, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0345 Roy, Avinash Singh & Manish 40362 Remsen Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, broken fence slats, barren grass areas, disconnected downspout. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, only the fence violation remains. Pictures were shown at this time. Mr. Singh asked for additional time. Commissioner Cooper asked if he could get it done in one week. Mr. Singh said, yes. Moved by Commissioner Hartson, supported by Commissioner Cooper, to declare that a public nuisance exists on the property at 40362 Remsen Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report after October 16, 2012. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone  No: None. Absent: None. Motion carried. G12-0346 O’Brien, James 15147 Congress Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/vines, weeds in landscaped beds, cracks/cuts of cement and perimeters, disconnected downspout, privacy fence in need of repair, torn screen (upstairs window), gutter in need of repair, shed in disrepair and in need of paint (hole in side), entry gate in need of repair, improperly stored lawn bag, debris – landscaping border, wood, branches, loose trash and other miscellaneous items. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, the violations still exist on the property. The shed has no permit and needs to be removed. Pictures were shown at this time. Moved by Commissioner Cooper, supported by Commissioner Hartson, to declare that a public nuisance exists on the property at 15147 Congress Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0347 Filipchuk, Vivian J. 11337 Village Drive. Hearing on nuisance abatement at this location for stagnant water in pool. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G12-0348 Daood, Ghassan 42941 Freeport Drive. Hearing on nuisance abatement at this location for overgrown shrubs (rear), missing downspout (front porch), trim in disrepair (peeling paint, rotted wood & holes), soffit in disrepair, porch column in need of paint, debris – rugs, tire stacks, bike parts and other miscellaneous items. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, the debris and landscaping was taken care of. Pictures were shown at this time. Mr. Daood stated they would be moving out in couple of months due to foreclosure. Moved by Commissioner Cooper, supported by Commissioner Ervin, to declare that a public nuisance exists on the property at 42941 Freeport Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0349 F.F. Enterprises 7777 Metropolitan Parkway. Hearing on nuisance abatement at this location for large debris/construction/garbage piles in rear of property. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, there is a dumpster on site but much debris still remains. Pictures were shown at this time. Moved by Commissioner Ervin, supported by Commissioner Cooper, to declare that a public nuisance exists on the property at 7777 Metropolitan Parkway in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0350 Mansour, Wesam 42832 Flis Drive. Hearing on nuisance abatement at this location for roof shingles in disrepair. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0351 Kern, Diane M. 12452 Burtley Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, garage in need of paint. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property. DPW tagged the property for grass cutting. Pictures were shown at this time. Moved by Commissioner Hartson, supported by Commissioner Cooper, to declare that a public nuisance exists on the property at 12452 Burtley Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0352 Federal National Mortgage Assoc. 14359 Drumright Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, illegal structure in need of removal (shed), debris – empty flower pots, pile of wood. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property. There are also barren spots in the front yard grass. Pictures were shown at this time. Moved by Commissioner Ervin, supported by Commissioner Hartson, to declare that a public nuisance exists on the property at 14359 Drumright Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0353 LaSalle Bank, N.A. 41537 Garden Way Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, deck in disrepair, debris – loose landscape bricks, wood, cardboard and other miscellaneous items. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G12-0354 Monley, Catherine A. 11456 Francis Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, improperly stored hose, debris & outdoor storage – bricks/pavers, cinder block, push mower, basket, empty pots and other miscellaneous items. Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G12-0355 Federal National Mortgage Assoc. 3735 Veronica Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, basketball net in disrepair, shed paint peeling, broken/unsecured access door. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property. Pictures were shown at this time. Moved by Commissioner Cooper, supported by Commissioner Hartson, to declare that a public nuisance exists on the property at 3735 Veronica Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0356 Federal Home Loan Mortgage Corp. 33857 Groth Drive. Hearing on nuisance abatement at this location for shed in need of paint, gutters filled with debris. Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G12-0357 Bank of America, N.A. 3014 Fox Hill Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/ornamental tree, weeds in landscaped beds, cracks/cuts of cement and perimeters. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property. DPW tagged the property for grass cutting. Pictures were shown at this time. Moved by Commissioner DiGaetano, supported by Commissioner Hartson, to declare that a public nuisance exists on the property at 3014 Fox Hill Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0358 Federal National Mortgage Assoc. 36182 Weber Drive. 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 cans and hose, debris – bowling ball. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property except the bowling balls were removed. Pictures were shown at this time. Moved by Commissioner Cooper, supported by Commissioner Ervin, to declare that a public nuisance exists on the property at 36182 Weber Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0359 Bank of NY Mellon 34623 Moravian Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, missing downspout extensions, unsecured shed, window in need of boarding and paint (shed), debris – wood, plastic, branches, pails, plywood, rusted barrel and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations were corrected except there are 3 boarded windows that need to be painted. DPW tagged the property for grass cutting. Pictures were shown at this time. Moved by Commissioner Hartson, supported by Commissioner Cooper, to declare that a public nuisance exists on the property at 34623 Moravian Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report including painting the three boarded windows immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0360 PHH Mortgage Corporation 35407 Mustang Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, bush obstructing city sidewalk clearance, nuisance growth, broken gate, missing downspout extension, downspout in need of repair, peeling deck, debris – bricks, plastic, loose trash and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the shed, gate and pool equipment have been taken care of. All the other violations still exist. Also, the shed needs to be moved because it is too close to the fence. Pictures were shown at this time. Moved by Commissioner Ervin, supported by Commissioner Cooper, to declare that a public nuisance exists on the property at 35407 Mustang Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report including moving the shed immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0361 Hana, Kamil/Federal National Mortgage Assoc. 33136 Sebastian Lane Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, missing downspout extensions, unsecured shed, broken side gate, walkway fence in disrepair, fire pit in need of removal, oil stain in the driveway, debris – old pool equipment, unused wood structure, brick/pavers and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property. Pictures were shown at this time. Moved by Commissioner Cooper, supported by Commissioner Ervin, to declare that a public nuisance exists on the property at 33136 Sebastian Lane Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0362 Wells Fargo Bank, N.A. 37089 Hacker Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, outdoor display - Christmas lights, missing downspout extension, unsecured overhead garage door and shed, fence in disrepair, debris – plywood, wood and other miscellaneous items. Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G12-0363 Wells Fargo Bank, N.A. 36628 Haverhill Ave. Hearing on nuisance abatement at this location for overgrown grass and bushes/ornamental tree, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth, gutters in need of repair, rusted basketball net pole, peeling deck, debris – branch/yard waste pile. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violations still exist on the property. Pictures were shown at this time. Moved by Commissioner DiGaetano, supported by Commissioner Ervin, to declare that a public nuisance exists on the property at 36628 Haverhill Ave in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report immediately. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0364 Mandic, Slavko/U.S. Bank, N.A. 8834 Cherrylawn Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes, weeds in landscaped beds, cracks/cuts of cement and perimeters, house & garage roof in disrepair. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the landscaping was corrected. The other violations still exist. Pictures were shown at this time. Mr. Machini, from Executive Group Real Estate, requested an additional three weeks. Mr. Cooper asked if they could get it done by November 1st. Mr. Machini said he would weather permitting. Moved by Commissioner Cooper, supported by Commissioner Hartson, to declare that a public nuisance exists on the property at 8834 Cherrylawn Drive in violation of the City Code and to direct the Code Official to abate the violations identified in the Staff Report after November 1, 2012. The Board further 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 applicable City Ordinance. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G12-0338 Zaniewski, Jamie/Carol/Eugene 34807 Carbon Drive. Hearing on the determination that a potentially dangerous dog is harbored at this location. Mr. Randazzo, from Sterling Heights Animal Control, stated the facts on the case in regards to citing Mr. Zaniewski for harboring a potentially dangerous dog. He showed pictures of the dog bite. Ms. Jamie Zaniewski, the dog’s owner, explained to the Board why her dog should not be declared potentially dangerous and did not believe that her dog caused injury anyone. Mr. McArthur, the victim, explained his version of what happened and showed pictures of his injury. Discussion ensued amongst Board members on whether or not the dog constitutes a potentially dangerous or dangerous dog determination. Ms. Carol Zaniewski, stated she was in the backyard when it happened and did not see anything. RESOLVED, motion by Commissioner Ervin, supported by Commissioner Cooper, to declare that the dog known as Georgio and owned or harbored by Jamie/Carol/Eugene Zaniewski at 34807 Carbon Drive, Sterling Heights, Michigan, is a potentially dangerous dog as defined by Chapter 8 of the Sterling Heights Code of Ordinances, specifically Section 8-28(A), and that it is subject to all of the conditions set forth in Section 8-28(D), as well as the following additional conditions: 1. A separate insurance rider specific to the potentially dangerous dog named “Georgio”. 2. A “Beware of Dog” sign to be posted on both the Carbon Drive and Forrer Drive side of the fence; 3. Proof of Georgio being spaded/neutered, with good faith progress to be demonstrated to the Animal Control Official within 10 days after this resolution has been adopted, and with completion of all conditions to be demonstrated to the Animal Control Official within 10 days after this resolution has been adopted. The owner shall pay an inspection fee of $55 per visit with the Animal Control Official. Failure to comply with these conditions and timeframes shall result in immediate confiscation as well as forfeiture and euthanization of the dog upon the expiration of 10days after written notice of the confiscation has been provided to the owner or has been prominently posted at the above address by the Animal Control Official. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. OLD BUSINESS - None NEW BUSINESS 1. Proposed Bylaw Amendment Motion by Commissioner Cooper, supported by Commissioner Hartson to approve the change from certified mail notifications to first class mail notifications. Yes: All. Absent: None. Motion carried. APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Ervin to approve Minutes of the September 24, 2012 regular meeting. Yes: All. Absent: None. Motion carried. PUBLIC PARTICIPATION - None ADJOURNMENT Motion by Commissioner Cooper, supported by Commissioner Hartson to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 10:06 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals