Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS APRIL 22, 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, Denice Gerstenberg, City Development Manager, Patrick Willis, Code Enforcement Officer ABSENT: None RECORDING SECRETARY: Kimberly Stulz & Kelly Byrd 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. 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- 0067, G13-0068, G13-0069, G13-0074, G13-0075, G13-0081 - the nuisances have been abated and there is no further cause for action. G13-0060 letter, CONSIDERATIONS G13-0060 Cadillac Products 7000 Fifteen Mile Road. Hearing on nuisance abatement at this location for overgrown weeds throughout property and parking lot, building, accessory structure and fence in need of paint, downspout in disrepair, broken window, debris – loose trash throughout, crates, wood, doors, garbage bags and other miscellaneous items. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, weeds are cut but need to be treated, paint is still needed, and the majority of the work still needs to be done. Pictures were shown at this time. Secretary DiGaetano asked why this case was given such a long time. P. Willis said he did not have an answer for that question. Ms. Gerstenberg noted that the property may have been purchased. Mr. Cooper said he passes by property two times a day, correspondence is not promising, and that he would like immediate abatement. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 7000 Fifteen Mile 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. G13-0061 Gavriloski, Miodrag & Svetlana 43712 Fallen Tree. Hearing on nuisance abatement at this location for window in need of repair and shrub in need of trimming (address not visible). Memo received from Code Enforcement Officer, Paul Geiger, stating that the nuisance has been abated and there is no further cause for action. G13-0062 Rice, Ronald & Barbara 40114 Regency Drive. Hearing on nuisance abatement at this location for a broken window, shed in disrepair, debris and outdoor storage – hand mower, bicycle, tire, log, branches, garbage bag, lawn ornaments, wood, and other miscellaneous items. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, there was no change. 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 40114 Regency 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. G13-0063 Wells Fargo Bank, N.A. 41207 Allspice Drive. Hearing on nuisance abatement at this location for fence in need of repair, need for self-closing and self-latching gate around pool, improperly stored garbage cans, and debris – pail, mulch bag, broken brick/pavers, and other miscellaneous items. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, the fence is still in need of repair, there is a need for a self-closing and self-latching gate, garbage cans are stored improperly, and debris and miscellaneous items are still in need of removal. Pictures were shown at this time. Attorney Jordan Rassan speaking on behalf of Mr. Attisha says that Mr. Attisha’s brother was in an accident in San Diego, CA 3 weeks ago and remains in critical condition, therefore Mr. Attisha has been out-of-town and unable to fix the problems. Mr. Rassan claims privacy fence was in disrepair at the time of purchase. Mr. Cooper asked when Mr. Attish will be back in Michigan to repair fence, or when can he have somebody fix the fence on his behalf. Mr. Rassan stated give him a month or so. Mr. Cooper asked if he can fix it in two weeks. Mr. Rassan said yes. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 41207 Allspice Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding after 05/06/2013. 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. G13-0064 Federal National Mortgage Assoc 13916 Wales Court. Hearing on nuisance abatement at this location for roof in need of repair, gutters in disrepair, and house trim that needs to be painted, improperly stored garbage bags, debris and outdoor storage – rake, plywood, cardboard boxes, and many other miscellaneous items on front porch. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, the roof is still in need of repair, gutters are in disrepair, house trim is in need of paint, and garbage cans are stored improperly. Pictures were shown at this time. Laura Regan speaking as resident of 13916 Wales Court. States she has been in litigation with Bank of America and Fannie Mae over wrongful foreclosure for 3 years. Mr. Cooper stated he remembered this case from a past OBA. Ms. Regan said she is “stuck” because she is fighting with the banks. Ms. Regan asked if this can wait until June, because she does not want to pay to have the roof fixed and house painted if the bank is going to end up owning the house. Mr. Cooper asked what is going on with the court case. Ms. Regan stated that her next court date is in June, Bank of America will not admit wrongdoing and wants to settle, but the settlement is not enough. Joe Judnick from audience stated that he wants an immediate abatement of 13916 Wales Court, because this address is on the OBA agenda again. Mr. Pitrone asked about the items improperly stored on porch. Ms. Regan stated she did not think they were visible from the street and that they belong to her son who is picking them up slowly. Mr. Cooper stated that this has been going on for over 3 years, there is no end in sight, abatement work was done in the past, this needs to get resolved. Moved by Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 13916 Wales 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, Hartson, Pitrone No: None. Absent: None. Motion carried. OLD BUSINESS - None NEW BUSINESS - None APPROVAL OF MINUTES Motion by Cooper, supported by Ervin to approve Minutes of the March 25, 2013 regular meeting. Yes: All. Absent: None. Motion carried. PUBLIC PARTICIPATION Mr. Joe Judnick ADJOURNMENT Motion by Cooper, supported by Ervin to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 7:40 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals