Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS MAY 28, 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- 0088, G13-0089, G13-0091 – the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G13-0082 LBUBS 2005-C2 14 Mile Road, LLC 3995 Fourteen Mile Road. Hearing on nuisance abatement at this location for building in need of paint. 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 3995 Fourteen 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. G13-0083 Kosho, Ghassan Yousef – Estate of 33360 Viceroy Drive. Hearing on nuisance abatement at this location for fence in disrepair. 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 33360 Viceroy 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. G13-0084 Hopkins, James & Pamela 37627 Jerome Drive. Hearing on nuisance abatement at this location for roof in disrepair, disconnected and missing downspouts and extensions, gate in need of repair, junk vehicle in driveway, clogged gutters. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, a downspout was reattached to the gutter and a downspout was attached to the house. 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 37627 Jerome Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding immediately including an additional item number 6. Trimming bushes and cleaning up / removing weeds from the landscaped areas. 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. G13-0085 Szabunia, Anthony 35683 Dearing Drive. Hearing on nuisance abatement at this location for caving foundation, cracks in brick exterior, chimney in need of repair, clogged and rusted gutters in need of cleaning and repair, rotted soffits, missing soffit vents, bushes in need of trimming, debris – mound of dirt, wood chips. 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 asked to clarify caving foundation to grating. Mr. Willis agreed. Homeowner Mr. Szabunia stated the gutters and soffits have been taken care of and he has been quoted a price on the foundation, walkway, and brickwork. Mr. Pitrone asked if Mr. Szabunia had been in front of the board before. Yes he had. Mr. Pitrone asked to see the slides again and asked questions as Mr. Willis went through the pictures. Mr. Szabunia stated the foundation sunk over the winter and suggested lightning hit the chimney. Mr. Pitrone suggested Mr. Szabunia have his lawn service cut the grass every week. Mr. Szabunia stated that he can’t match the brick to the chimney. Mr. Cooper stated that the conversation does not end there, that more is involved in the process. Mr. Cooper and Mr. Pitrone gave examples of possible conversations. Mr. Cooper noted that he would have been willing to give Mr. Szabunia more time but Mr. Szabunia was not very prepared. This needs a resolution and Mr. Szabunia is a repeat offender. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 35683 Dearing Drive and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding immediately adding number 9. Replace dryer vent. 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. G13-0086 U.S. Bank, National Association (new owner Tili, Pandi) 14027 Peterboro Drive. Hearing on nuisance abatement at this location for shed in need of repair, improperly stored garbage cans, yard waste in need of removal throughout yard and along fence, weeds & grass growing through sidewalk and driveway cuts, debris – wooden boards, piles of lumber and brick. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, there was no change. Patrick Willis also noted that the house was sold 05/22/13 and is now under new ownership and he spoke with the new owner’s realtor who said his clients were unable to attend the meeting. Pictures were shown at this time. Moved by Ervin, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 14027 Peterboro 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. . G13-0087 Bank of America, N.A. 44780 Duffield Avenue. Hearing on nuisance abatement at this location for front porch trim, garage access door and overhead garage door trim in need of paint, overgrown bushes. 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 44780 Duffield Avenue 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. G13-0088 Federal National Mortgage Assoc. 3076 Elmcrest Road. Hearing on nuisance abatement at this location for siding and gutters in disrepair, missing shutters, debris – yard waste, tree limbs, and 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. G13-0089 Burns, Alice 39376 Roslyn Drive. Hearing on nuisance abatement at this location for fence in disrepair, vehicle in need of repair or removal, bushes in need of trimming, weeds in landscape beds and driveway cuts, debris and outdoor storage – shovel, rake, trash, cardboard box, and 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. G13-0090 Asmar, Farah 43558 Hoptree Drive. Hearing on nuisance abatement at this location for broken sidewalk, trash and construction debris throughout – bricks, blocks, wood, pallets, rocks, sand, dirt, tarps, bags of cement, 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 asked if work is ongoing. Mr. Willis indicated that construction has stopped at this time. Mr. Pitrone asked if the property was posted for the meeting. Mr. Willis said yes. Mr. Cooper asked if the home is secured and if it is the last lot to be developed. Mr. Willis said yes to both. Mr. Cooper asked about the silt fence, seed, and sod. Mr. Cooper also noted that there is no garage door. Mr. Willis stated that the one year time frame hasn’t passed yet regarding seed/sod. Moved by Cooper, supported by Hartson, to declare that a public nuisance exists on the property commonly known as 43558 Hoptree 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. G13-0091 Ori, Mukhlos & Rihan 43643 Sweetwood Drive. Hearing on nuisance abatement at this location for back patio in disrepair and debris – large pile of bricks in driveway. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G13-0092 Federal National Mortgage Assoc 35215 Dunston Drive. Hearing on nuisance abatement at this location for roof in disrepair. Code Enforcement Officer, Patrick Willis, stated a couple of violations notices were sent. As of today, all other issues have been resolved except for the roof in disrepair. 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 35215 Dunston 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. G13-0093 Macomb County Properties, LLC 34111 Mound Road. Hearing on nuisance abatement at this location for roof in disrepair, window trim and plywood covering windows and doors in need of paint, missing downspouts, debris – tree branches and yard waste. 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 34111 Mound 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. OLD BUSINESS - None NEW BUSINESS – New SHINE program APPROVAL OF MINUTES Motion by Cooper, supported by Ervin to approve Minutes of the May 13, 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 7:50 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals