Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS JANUARY 14, 2013 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, Horst Hrinciuc, Code Enforcement Officer, Denice Gerstenberg, City Development Manager ABSENT: Jennifer Hartson RECORDING SECRETARY: Kimberly Stulz APPROVAL OF AGENDA Motion by Commissioner Cooper, supported by Commissioner Ervin to move Old Business in front of Considerations. Yes: All. Absent: Hartson. 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: G13- 0001, G13-0002, G13-0003, G13-0004, G13-0006, G13-0007, G13-0011 and G13-0019; the nuisances have been abated and there is no further cause for action. OLD BUSINESS G12-0415 Appian, LLC 6350 Sterling Drive North. Hearing on nuisance abatement at this location for illegally placed barricades. Ms. Garcia, the owner, explained they were told that a permit was not required and the barricades were placed to protect her property/concrete from the next door’s semi-trucks. Mr. Kapascz said he called Horst today and was told Mr. Mende wanted a more permanent fix for the barricades. Mr. Kapascz insists this was first time he heard that. Mr. Pitrone agreed with Mr. Mende’s recommendation and that he did not want to see those barricades remain. Ms. Garcia was very cooperative and stated that she has no problem submitting plans and making a permanent fix with the city’s permission. Mr. Cooper asked Ms. Gerstenberg if she talked with Mr. Mende. She said she had spoken with him and he informed her that these barricades should not be a permanent fix. Mr. Kapascz stated he called Mr. Mende today and asked for a meeting. Mr. Cooper was concerned that it has been over a month and that they have not taken the time to speak with Mr. Mende prior to today. He insisted this needs to be resolved and they have to get plans to Mr. Mende. Mr. Kapascz indicated that they don’t want to remove the barricades until they get approval for a permanent fix. More discussion ensued about the property destruction and temporary barricades. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 6350 Sterling Drive North 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, Pitrone No: None. Absent: Hartson. Motion carried. CONSIDERATIONS G13-0001 Kwan, Jean & Solange 13761 Belle Court. Hearing on nuisance abatement at this location for overgrown weeds, broken TV antenna on roof, disconnected downspout from gutter, broken landscape lights. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G13-0002 Spies, Robert F. 11808 Fairview Drive. Hearing on nuisance abatement at this location for improperly stored garbage cans & garbage, debris and outdoor storage – children’s toys, crates, pales, plastic tubs and other miscellaneous items. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G13-0003 Barnett, Joann 37234 Curwood Street. Hearing on nuisance abatement at this location for overgrown weeds in rear of property, outdoor storage & debris – lawnmower, branches, logs 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. G13-0004 Chambers, Michael 5231 Croton Drive. Hearing on nuisance abatement at this location for improperly stored garbage cans, debris along side of house. Memo received from Neighborhood Liaison Specialist, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. G13-0005 Gornie, Chad M. 33775 Sano Court. Hearing on nuisance abatement at this location for overgrown shrubs, overgrown nuisance tree (too close to house), junk & debris - pile of branches, twigs and small logs. 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 33775 Sano Court 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0006 Shatila, Michael 4250 Gloucester Drive. Hearing on nuisance abatement at this location for improperly stored garbage cans, broken gate, old basketball pole, outdoor storage – gas can, dumbbell, rake, 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. G13-0007 Chacko, Chacko & Aleyamma 2846 Burningbush Drive. Hearing on nuisance abatement at this location for sanitary sewer obstruction (blocked access). Memo received from Code Enforcement Coordinator, Paul Geiger, stating that the nuisance has been abated and there is no further cause for action. G13-0008 Napier, Lynn/Bank of America 36607 Jeffrey Drive. Hearing on nuisance abatement at this location for overgrown bushes/shrubs, weeds/nuisance growth, improper pool barrier gates, improperly stored hose, uncovered pool, stagnant water in pool, outdoor storage and debris – bicycle, wood posts, chairs, plastic, tarp/cover 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. He requested a safety cover be installed over the pool. Pictures were shown at this time. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 36607 Jeffrey 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0009 GSR Mortgage Loan Trust/GS Mortgage Securities Corp. 36870 Almont Drive. Hearing on nuisance abatement at this location for weeds/nuisance growth, unsecured shed, dilapidated wood fence, broken fence gate, improperly stored garbage cans, outdoor storage and debris – toys, bikes, broom, indoor furniture, wood pile and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the gate and some debris were removed. There is also tire ruts that need to be repaired. 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 36870 Almont Drive and to direct the Code Official to abate the violations identified in the attached staff report including fixing the tire ruts 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0010 Federal Home Loan Mortgage Corp. 35249 Wright Circle. Hearing on nuisance abatement at this location for roof shingles in disrepair. 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 Ervin, to declare that a public nuisance exists on the property commonly known as 35249 Wright Circle 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0011 Grytsyuk, Oksan & Grystsyuk, Vitaliy 33803 Bartola Drive. Hearing on nuisance abatement at this location for outdoor storage and debris (dumping) – tires, coolers, logs, garbage, wheelbarrow 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. G13-0012 Ognenovska, Vangel, Velika & Zameta/JP Morgan Chase 12107 Diehl Drive. Hearing on nuisance abatement at this location for damaged siding, roof shingles in disrepair, overgrown front bushes, junk vehicle in driveway, debris on side of garage – bed frame, branches, and other miscellaneous items. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the junk vehicle was removed. There is also a front gutter that needs to be repaired. 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 12107 Diehl Drive and to direct the Code Official to abate the violations identified in the attached staff report including repairing the front gutter 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0013 Bank of America, N.A. 8767 Headley Drive. Hearing on nuisance abatement at this location for improperly stored garbage cans, painted handprints on garage overhead door in need of removal, debris – empty pots, sandbox, shingles, limb pile 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 Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 8767 Headley 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0014 Najor, Bassam 39743 Ryan Road. Hearing on nuisance abatement at this location for front porch and gate in disrepair, overgrown bushes, debris – plywood. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist. The front porch handrail needs to be painted (temperatures permitting) and there is a black tarp in the backyard that needs to be removed also. 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 39743 Ryan 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0015 Burton, Charles O. 40006 Stimpson Drive. Hearing on nuisance abatement at this location for missing shingles on roof, missing gable vent, improperly stored garbage bags, loose trash and debris around driveway. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the improperly stored garbage bags, loose trash and debris around driveway have been taken care of. Pictures were shown at this time. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 40006 Stimpson 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0016 Federal National Mortgage Assoc. 42731 Buckingham Drive. Hearing on nuisance abatement at this location for overgrown bushes, broken front window, pool removal area in need of restoration (topsoil, grade & seed), improperly stored garbage can, debris – lumber and other miscellaneous items behind the garage. 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 42731 Buckingham 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0017 Federal Home Loan Mortgage Corp. 39646 University Drive. Hearing on nuisance abatement at this location for overgrown bushes, wooden fence in disrepair, broken storm door, detached downspout extension, broken gutter on garage, stair(s) in need of repair (back door), hole in house trim (SE corner), debris – propane tank. 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 Ervin, to declare that a public nuisance exists on the property commonly known as 39646 University 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0018 Federal National Mortgage Assoc. 13116 Westminister Drive. Hearing on nuisance abatement at this location for missing house address, broken gates on fence, uncovered pool, basketball pole in need of removal, fence in disrepair, improperly stored hose, missing downspout extension, debris and outdoor storage – hose, pool accessories, plastic 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. Mr. Licavoli, from Eastern Real Estate, said he got bids and approvals to get the violations corrected. Mr. Cooper asked if he could get it done in 10 days. Mr. Licavoli said absolutely. Moved by Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 13116 Westminister Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0019 Hertz, Eric/Federal National Mortgage Assoc. 13133 Concord Drive. Hearing on nuisance abatement at this location for overgrown bushes/shrubs, broken gate, unsecured pool cover with stagnant water, missing siding (back of home), garage access door in need of paint, debris – pile of landscape, logs. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. OLD BUSINESS 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, all the violations still exist. Pictures were shown at this time. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 6350 Sterling Drive North 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, Pitrone No: None. Absent: Hartson. Motion carried. NEW BUSINESS - None APPROVAL OF MINUTES Motion by Commissioner Cooper, supported by Commissioner Ervin to approve Minutes of the November 26, 2012 regular meeting. Yes: All. Absent: Hartson. Motion carried. PUBLIC PARTICIPATION - None ADJOURNMENT Motion by Commissioner Cooper, supported by Commissioner Ervin to adjourn. Yes: All. Absent: Hartson. Motion carried. Meeting adjourned at 7:51 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals