Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS FEBRUARY 25, 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, Jennifer Hartson, Horst Hrinciuc, Code Enforcement Officer, ABSENT: Denice Gerstenberg, City Development Manager RECORDING SECRETARY: Kimberly Stulz APPROVAL OF AGENDA Motion by Commissioner Cooper, supported by Commissioner Ervin to approve agenda as presented. Yes: All. Absent: None. Motion carried. ACCEPTANCE OF THOSE NOTIFIED BY MAIL Ms. Stulz indicated that she is in receipt of a list of people notified by mail of tonight’s meeting. CORRESPONDENCES Ms. Stulz indicated that she had correspondences for tonight. They are as follows: G13-0038, G13-0039, and G13-0045; the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G13-0038 Gilbert, Christopher 8730 Dill Drive. Hearing on nuisance abatement at this location for large broken branch (front yard), disconnected downspout (N.W. corner), improperly stored garbage can, trash & debris - newspapers. Memo received from Code Enforcement Officer, Patrick Willis, stating that the nuisance has been abated and there is no further cause for action. G13-0039 Indiana Investments, LLC 43030 Schoenherr Road. Hearing on nuisance abatement at this location for improper/illegal festoon sign. Memo received from Building Inspector, Tim Berger, stating that the nuisance has been abated and there is no further cause for action. G13-0040 Hampton, Jacqueline & Daryl/Federal National Mortgage Corp. 12644 Denoter Drive. Hearing on nuisance abatement at this location for damaged & missing siding. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, siding was installed but improperly. Pictures were shown at this time. Ms. Hampton stated she tried her best but she no longer lives in the home. Mr. Pitrone verified that she is no longer the owner. Ms. Hampton indicated that was correct. Mr. Pitrone pointed out that in a windstorm the siding will fall off again. Ms. Hampton agreed. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 12644 Denoter 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. G13-0041 Hanes, Earl C./Bank of NY Mellon 36775 Chene Drive. Hearing on nuisance abatement at this location for fence in disrepair, deck board in disrepair, debris – plywood sheets (leaning on 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 Hartson, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 36775 Chene 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. G13-0042 Land, Steven & Carmella/Bank of NY Mellon 2090 Elmcrest Road. Hearing on nuisance abatement at this location for fence in disrepair, improperly stored garbage cans, junk recreation vehicle (camper), improperly stored firewood, debris – wood, tomato cages, cloth, plastic planters, brush pile, yard waste (leaves), loose trash. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, all the violations still exist. He requested the fence be removed. The previous owner called and indicated the bank now owns the home. 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 2090 Elmcrest 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. G13-0043 Federal National Mortgage Assoc. 11941 Delvin Drive. Hearing on nuisance abatement at this location for missing siding (garage), wood deck in disrepair (broken gate & loose railings), debris – log & wood pile, garden tool, plywood. Code Enforcement Officer, Horst Hrinciuc, stated a couple of violations notices were sent. As of today, the real estate agent tried to clean up some of the violations. The garden tool, plywood and garbage cans are gone. 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 11941 Delvin 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. G13-0044 Deminico, Mathew & Christy 5124 Northlawn Drive. Hearing on nuisance abatement at this location for disconnected downspout, missing downspout extension, loose trash and debris – yard waste (leaves/brush), air conditioner, window frames, wood, cinder block, plastic pail 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. The owner called and said they signed the property over to the bank recently. 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 5124 Northlawn 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. G13-0045 Rish, Betty & Michael Jr. 33885 Somerset Drive. Hearing on nuisance abatement at this location for junk vehicle in driveway, improper log/branch pile, debris – branches (dog pen). Memo received from Code Enforcement Officer, Horst Hrinciuc, stating that the nuisance has been abated and there is no further cause for action. OLD BUSINESS - None NEW BUSINESS - None APPROVAL OF MINUTES Motion by Cooper, supported by Ervin to approve Minutes of the February 11, 2013 regular meeting. Yes: All. Absent: None. Motion carried. PUBLIC PARTICIPATION - None ADJOURNMENT Motion by Cooper, supported by Ervin to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 7:15 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals