Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS DECEMBER 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, Denice Gerstenberg, City Development Manager 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. Gerstenberg indicated that she is in receipt of a list of people notified by mail of tonight’s meeting. CORRESPONDENCES Ms. Gerstenberg indicated that she had correspondences for tonight. They are as follows: G12- 0409, G12-0414, and G12-0417; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G12-0409 Nika, Artur & Josefina - 4217 Dickson Drive. Hearing on nuisance abatement at this location for improperly stored garbage cans and hose, debris & outdoor storage – refrigerator, shopping cart, tank, bricks, ladder, gas can, shovel and other miscellaneous items. Memo received from Neighborhood Liaison Specialist, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G12-0410 Baker, Janet/GMAC Mortgage – 3945 Nowak Drive. Hearing on nuisance abatement at this location for roof shingles in disrepair, garbage bag on front porch, illegal structure (shed), and improperly stored garbage cans. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist, though debris trailers were onsite. Pictures were shown at this time. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 3945 Nowak Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding 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. G12-0411 Delly, Samira/Federal National Mortgage Assoc. – 33860 Stonewood 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, oil stains in the driveway, improperly stored wood and hose, roof shingles in disrepair, debris and outdoor storage – deflated pool, cooler full of beverages, wood, dilapidated BBQ, pool accessories and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist. Pictures were shown at this time. Moved by Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 33860 Stonewood Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding 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. G12-0412 Parsons, Michael & Michelle – 37445 Dodge Park Road. Hearing on nuisance abatement at this location for damaged vent cover, gutters full of debris, missing attic vent, unsecured 2nd story window. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist. Pictures were shown at this time. Moved by Hartson, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 37445 Dodge Park Road and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding 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. G12-0413 Brown, Robert E. – 35634 Dequindre Road. Hearing on nuisance abatement at this location for overgrown grass and bushes, tall weeds and grass around perimeters and fence, loose trash throughout. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist. Pictures were shown at this time. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 35634 Dequindre Road and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding 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. G12-0414 Velardo, Frances/GMAC Mortgage – 14404 Dresden 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 & garbage can, debris – branch pile, yard waste (leaves), brick/pavers 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. G12-0415 Appian, LLC – 6350 Sterling Drive North. Hearing on nuisance abatement at this location for illegally placed barricades. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the violation still exists. Pictures were shown at this time. Mr. Kapacz, representative of Integrity Steel, stated that the barriers were put there because of the abutting property’s trucks damaging their property. He stated there have been discussions with Mr. Mende and Mr. Hrinciuc and they have come to an agreement. They are waiting to get approval from the Fire Marshal. Mr. Kapacz explained about the 12’ easement to allow Fire truck access. Mr. Hrinciuc let the Board know that they would have to go through site plan approval and the ZBA to get any approvals. Discussion ensued amongst Board members and Mr. Kapacz about the aesthetics of the barriers. Mr. Cooper, Mr. Ervin and Mr. Pitrone were not in favor of the barriers being able to stay and thought they were a nuisance. Mr. Cooper wanted to see if a resolution with the city could be obtained before they ruled. He also wanted additional information. He let Mr. Kapacz know that if it comes back to the Board next meeting, he will make a motion to have them removed immediately. Mr. Kapacz understood. Moved by Cooper, supported by Ervin, to postpone case G12-0415, 6350 Sterling Drive North until the next regularly scheduled meeting of January 14, 2013. Yes: All. Absent: None. Motion carried. G12-0416 Federal Home Loan Mortgage Corp. – 11128 Lorman 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 extension, front boarded window in need of paint, outdoor storage – lawnmower and rake, debris – rusted metal, chair, piece of linoleum, wood, bricks, landscape edging and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist. Pictures were shown at this time. Moved by Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 11128 Lorman Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding 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. G12-0417 Federal National Mortgage Assoc. – 5617 Paris Drive. Hearing on nuisance abatement at this location for overgrown grass and bushes/vines, weeds in landscaped beds, cracks/cuts of cement and perimeters, nuisance growth throughout, improperly stored garbage cans, shed in disrepair, debris and outdoor storage – wood pile, table, portable, cardboard, metal, tarped riding mower, basketball net, bricks, rusted tow bar, doors, cinder blocks, pavers 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. G12-0418 Federal National Mortgage Assoc. – 41362 North Central Drive. Hearing on nuisance abatement at this location for improperly stored garbage cans, partial tree in need of removal, pool cover in need of securing, debris – flowerpots, plywood, pool equipment, branches, chicken wire, propane tank, hot water heater, yard waste (leaves) and many other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the garbage cans are gone along with the pool equipment, propane tank, hot water heater and some other debris. Pictures were shown at this time. Mr. Licavoli, from Eastern Realty, stated he was working on correcting the violations but asked for more time. He stated he could get everything done but the stump within 7-10 days. He said the stump would take a little longer. Mr. Cooper asked if he was given two weeks for the smaller stuff and four weeks for the stump, if he could get it done. Mr. Licavoli said, yes. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 41362 North Central Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding after December 24, 2012 except for the stump which will be abated after January 24, 2013. 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 Mr. Cooper expressed he was in favor of seeing more detail in the minutes on cases other than the normal nuisance abatements. He asked Ms. Gerstenberg if a copy of the taped meeting would also be submitted if one of the cases went to court. Ms. Gerstenberg let Mr. Cooper know that approval was given from the City Attorney before changing how the minutes were done and that yes, a copy of the taped meeting would be put into evidence if a case of theirs ever went to court. APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Ervin to approve Minutes of the November 26, 2012 regular meeting. Yes: All. Absent: None. Motion carried. PUBLIC PARTICIPATION - None ADJOURNMENT Motion by Commissioner Cooper, supported by Commissioner Ervin to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 7:47 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals