Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS MAY 13, 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: 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, G13-0073, G13-0074, G13-0075, G13-0081 – the nuisances have been abated and there is no further cause for action. G13-0071 – legal change of ownership. CONSIDERATIONS G13-0065 Moceri, Samantha 43040 Chaucer. Asking board approval to erect 6’ privacy fence in the secondary front yard setback of Nineteen Mile Road. Homeowner Samantha Moceri stated she would like to erect a 6’ privacy fence in the secondary front yard setback of Nineteen Mile Road. Mr. Pitrone asked if Ms. Moceri planned to leave or remove the existing cyclone fence. Ms. Moceri stated that she would remove it if she needs to. Mr. Pitrone stated that he visited the property earlier in the day and saw no issues related to privacy fence. Moved by Cooper, supported by Hartson to approve case G13-0065 at 43040 Chaucer with the following conditions: 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, and 3 – that the existing cyclone fence be removed. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. G13-0066 Motlib, Mohammed & Begum, Runa 33730 Twickingham. Hearing on nuisance abatement at this location for lawn in need of repair, attic vent in need of paint, and debris – chain link fence and vinyl siding. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, there was still work that needs to be done. Pictures were shown at this time. Homeowner’s daughter Hannah spoke. Stated that they repaired half of the lawn and are getting the house painted and cleaning debris. Mr. Cooper asked when the work will be done. Hannah stated two weeks. Mr. Cooper asked Mr. Willis about the work being done at the house. Mr. Willis stated only the attic vent needs to be painted. Moved by Hartson, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 33730 Twickingham and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding after May 27, 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. G13-0067 Martelle, Joseph R. & Patricia 34332 Cypress Court. Hearing on nuisance abatement at this location for detached downspout and multiple oil stains on driveway. Memo received from Code Enforcement Officer, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G13-0068 Maatouk, Fadl 3725 Rhoten Drive. Hearing on nuisance abatement at this location for improperly hose and garbage bags, oil stains in driveway, trash and debris along fence line. Memo received from Code Enforcement Officer, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G13-0069 Fleming, Sean 34116 Viceroy. Hearing on nuisance abatement at this location for debris – pile of bricks and tire. Memo received from Code Enforcement Officer, Robert Sergott, stating that the nuisance has been abated and there is no further cause for action. G13-0070 Deutsche Bank National Trust Co. 38394 Phyllis Court. Hearing on nuisance abatement at this location for roof in need of repair, weeds and grass in landscape areas, bushes and nuisance tree too close to house, lawn in need of repair, trash and debris – shingles, plastic bottles, 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 Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 38394 Phyllis 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. G13-0071 Chehab Brothers, LLC 13927 Nineteen Mile Road. Hearing on nuisance abatement at this location for trim around overhang in disrepair, overflowing trash in dumpster enclosures, dead and missing shrubs in landscaped areas, trash and debris throughout property – wooden pallet, branches, boxes, trash, 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. Mr. Rick and Mrs. Linda Levene both spoke regarding property - concerned about stated issues. Mr. and Mrs. Levene also both stated that when this property was proposed, it included park-like landscaping. Mr. Pitrone asked if the plaza is mostly vacant. The Levenes both said yes. Mr. Cooper noted that the originally approved site plan included trees and landscaping, and asked Mrs. Gerstenberg if the new owners will be held to the original site plan. Mrs. Gerstenberg said yes, the new owners are aware. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 13927 Nineteen 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. G13-0072 Woelkers, Diane 42056 Mendel Drive. Hearing on nuisance abatement at this location for excessive improper storage of garbage (both sides, front porch, and rear of property), outdoor storage throughout property and on front porch – children’s toys, wagons, excessive patio furniture, chairs, coolers, and other miscellaneous items, trash and debris throughout property including front porch – yard waste, food items, buckets, boxes, tree branches, plastic bottles, trash cans and bags, and other miscellaneous items. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, most of the outdoor storage and trash/debris has been removed. Pictures were shown at this time. Neighbor Mr. John Washinski expressed concerns over previously addressed issues and stated that there are additional issues – lawn, swimming pool, and trampoline in disrepair. Gave permission to enter John Washinksi’s yard to view. Mr. Pitrone asked if this address was in front of OBA in the past. Mr. Willis stated he believed it was. Mr. Ervin noted improperly stored garbage cans. Mr. Cooper informed Mr. Washinski that Code Enforcement cannot access back yards. Moved by Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 42056 Mendel 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. G13-0073 Frohriep, Kenneth 11974 Danforth Drive. Hearing on nuisance abatement at this location for porch and trim in need of paint, gutter in disrepair, pool removal area in need of restoration (backfill, grade, seed/sod), trash and debris throughout property – trash, newspapers, wood, and other miscellaneous items. Memo received from Code Enforcement Officer, Patrick Willis, stating that this property should be removed from the agenda. G13-0074 Juridico, Rene & Rhylin 4298 Bieber Drive. Hearing on nuisance abatement at this location for nonconforming metal shed in disrepair, improper storage of items on shelving unit, fence and lattice in disrepair, enormous amount of debris and outdoor storage on back rear patio – pool ladder, buckets, plastic chairs, and many 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. G13-0075 Morris, Jeffrey 14409 Maisano Drive. Hearing on nuisance abatement at this location for improperly stored garbage can, trash and debris on side of garage – wood, brush, and other miscellaneous items. Memo received from Code Enforcement Officer, Paul Geiger, stating that the nuisance has been abated and there is no further cause for action. G13-0076 Wells Fargo Bank, N.A. 38576 Trafalgar Way. Hearing on nuisance abatement at this location for broken second story window, overhead garage door and house trim in need of paint, overgrown bushes, trash and debris – leaves, yard waste, 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 Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 38576 Trafalgar Way 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. G13-0077 Ventimiglia, Joseph & Philip 39415 Millington Drive. Hearing on nuisance abatement at this location for loose and missing siding on house and garage, improperly stored garbage can, trash and debris on side of house – buckets, wood planks, concrete blocks, 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. Homeowner Joseph Ventimiglia stated that the first notice he received was when he saw the notice taped to the door Friday May 10, 2013. Mr. Ventimiglia stated he intends to take the siding off and replace with Hardie Board. Mr. Ventimiglia stated he believes it will take 5 weeks to complete work. Mr. Pitrone asked if he intends to move into the house when it is complete, Mr. Ventimiglia said yes. Mr. Pitrone asked if the house has been vacant since its purchase in January 2012. Mr. Ventimiglia stated yes. Mr. Cooper stated that the reason Mr. Ventimiglia did not receive any letters is because his listed address is at 39415 Millington, yet he lives in Harrison Township. Mr. Cooper also asked Mr. Ventimiglia if he checks the mail and/or goes by the house regularly. Mr. Cooper also clarified if all of the siding will be gone and replaced with the concrete board. Mr. Ventimiglia said yes to all. Mr. Cooper stated he would normally never give five weeks, but Mr. Ventimiglia has good intentions with building permits and high quality products combined with the progress he has already made. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 39415 Millington Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding after June 30, 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. G13-0078 Federal National Mortgage Assoc. 38983 Fairfield Drive. Hearing on nuisance abatement at this location for fence and chimney in disrepair, need for self-closing and self-latching gate, in-ground pool in need of safety cover and stagnant water on cover. 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 38983 Fairfield 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. G13-0079 Federal Home Loan Mortgage Corp. 8236 Tinkler Road. Hearing on nuisance abatement at this location for detached downspout, missing downspout extensions, garage access door in need of paint, rusted basketball pole in disrepair, improperly stored hose and garbage cans, bushes and lawn in need of maintenance, trash and debris on side of house and on patio – tree branches, old furniture, wooden boards, 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 Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 8236 Tinkler 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. G13-0080 Federal National Mortgage Assoc. 14520 Debbie Drive. Hearing on nuisance abatement at this location for missing siding, boarded overhead garage door and garage access door in need of paint, gutter and downspout in disrepair, trash – wooden board 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. Mr. Pitrone noted that this address has been in front of the OBA board in the past. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 14520 Debbie 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. G13-0081 Rice, Ronald & Barbara 33007 Mc Coy Drive. Hearing on nuisance abatement at this location for unsecured shed in disrepair, nuisance growth, debris and loose trash – dirt pile, cinder blocks. 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 - None NEW BUSINESS - None APPROVAL OF MINUTES Motion by Ervin, supported by Hartson to approve Minutes of the April 22, 2013 regular meeting. Yes: All. Absent: None. Motion carried. PUBLIC PARTICIPATION ADJOURNMENT Motion by Cooper, supported by Hartson to adjourn. Yes: All. Absent: None. Motion carried. Meeting adjourned at 7:49 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals