Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS ORDINANCE BOARD OF APPEALS JUNE 24, 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, Denice Gerstenberg, City Development Manager, Patrick Willis, Code Enforcement Officer ABSENT: Jennifer Hartson RECORDING SECRETARY: Kelly Byrd APPROVAL OF AGENDA Motion by Commissioner Cooper supported by Commissioner Ervin to approve agenda as presented. Yes: All. Absent: Hartson. 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- 0126, G13-0130, G13-0132, G13-0134, G13-0135, G13-0137, G13-0140, G13-0141, G13-0142, G13-0144 – the nuisances have been abated and there is no further cause for action. CONSIDERATIONS G13-0119 Rakowski, Monique 4630 West Cornwall Circle. Appeal of potentially dangerous dog determination. Dog owner’s father, Michael Rakowski spoke on behalf of his daughter who is currently hospitalized. He summarized the case and stated that the family would like to get Dino back. Mr. Rakowski stated that Dino is muscular and has a mean bark, but he has never bitten anybody. Mr. Rakowski listed all of the measures that have been taken to get Dino back based on the requirements to appeal a potentially dangerous dog determination and suggested that he could adopt Dino from his daughter, bringing Dino to his house. Audience member and neighbor Susanne Dersa spoke explaining why she would like to keep the potentially dangerous dog determination. Audience member and neighbor Keith Long spoke explaining his interactions with Dino the dog and citing cases when Dino charged him. Mr. Rakowski said he is appalled to think Dino was out and not on a leash. Mr. Cooper stated he believes the Ordinance Board can determine where the dog lives and thinks the owner and representatives from the Police Department and Animal Control should be present at the meeting. Mr. Cooper stated the Rakowskis are lucky the dog did not get shot and suggested the board postpone this case until the next meeting so they can have Animal Control and Police present. Mr. Pitrone agreed. Mr. Ervin stated he is concerned about lack of responsibility and does not favor an appeal. Mr. DiGaetano asked Ms. Gerstenberg if the backup material provided is enough. Ms. Gerstenberg indicated that there is no protocol for these cases and that city staff met and provided their recommendations. Mr. DiGaetano noted that the board likely does not have the authority to release the dog into custody of the owner’s father. Mr. Pitrone stated he thinks the board should postpone the case until next week and make an agreement that all parties agree to. Mr. Pitrone also noted that the $250,000 insurance policy is very low and should be at least doubled and in the form of a separate rider naming the dog specifically and saying that it has been deemed to be potentially dangerous. Mr. Cooper agreed with Mr. Pitrone, also stating that Animal Control should check the dog’s new residence for fencing and other related issues, also stating Ms. Rakowski is doing a bad job at being a good pet owner and he believes Dino could kill a person or animal and added there is no way the dog should go back to his current residence. Mr. Cooper stated he hopes the City of Sterling Heights is not trying to save money on overtime by not having Animal Control and/or Police present, because the board should be afforded all people involved with the case. Mr. Cooper listed additional issues he has with the case. Mr. Ervin asked Mr. Rakowski if he is aware of the requirements for keeping a potentially dangerous dog. Mr. Rakowski stated it is his understanding that all of the conditions are in order. Moved by Cooper, supported by Ervin, to postpone case until next regularly scheduled meeting July 8, 2013. Added by Mr. Pitrone that the dog will remain impounded at Macomb County Animal Shelter. Yes: Cooper, DiGaetano, Ervin, Pitrone No: None. Absent: Hartson. Motion carried G13-0120 King of Mechanic LLC 5717 Fifteen Mile Road. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation 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 5717 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, Pitrone No: None. Absent: Hartson. Motion carried. G13-0121 ATCO Industries Inc. 7300 Fifteen Mile Road. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, some debris was removed. Pictures were shown at this time. Property owner Arlene Atikian spoke – stated that the address is actually 7200 Fifteen Mile Road, this is a 15 acre new construction site, explained plans for next building on property, believes the city is harassing her, stated issues she has with city contractor cutting grass, and stated that everything has to be done in the correct order in terms of construction and clean up. Mr. Pitrone asked how long the site has been under construction. Ms. Atikian asked if there was a limit. Mr. Pitrone said yes. Mr. Cooper stated that while it is a construction site, it still must be maintained. Ms. Atikian said the site is cleaned. Mr. Cooper respectfully disagreed. Conversation occurred between the board and Ms. Atikian regarding the property and related issues. Mr. DiGaetano asked what issues remain on site. Patrick Willis stated that the cinder blocks have been removed. Mr. DiGaetano asked if construction materials are allowed to be there but must be arranged a certain way. Mr. Willis indicated that trash and debris is the same whether commercial or residential. Ms. Atikian asked to make a final comment. Mr. Pitrone said no, Mr. Cooper said yes, he wanted to hear what she had to say. Ms. Atikian stated that pallets are part of construction and the building is beautifying Sterling Heights. Ms. Atikian also stated that she contracted a brush hog to handle the landscape issues. Pictures were reviewed again at this time. Mr. Cooper stated Ms. Atikian could have one more week to get the property into good shape. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 7300 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 after Monday July 1, 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. G13-0122 O’Conner, Shawn & Nichole 13272 Canal Road. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, the garage has been secured. 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 13272 Canal 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. G13-0123 Federal National Mortgage Assoc. 8970 Clinton River Road. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. 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 8970 Clinton River 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. G13-0124 Sheehan, Michael & Nancy 12829 Jasmine Court. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, a lot of the weeds have been removed from the front of the house, weeds in the driveway cuts have been treated, and the pool has been treated and cleaned and is operational. Pictures were shown at this time. Homeowner Michael Sheehan spoke, stating the pool filter had a mechanical issue that is now resolved and the pool is fully operational. Mr. Sheehan also stated that the landscaping in front of the house is being redesigned, replotted, and rebuilt. Mr. Sheehan stated the progress is slow because he is doing everything himself. He treated the weeds in the driveway cracks and the remaining maintenance is an issue of time. Mr. Cooper stated that the work sounds like it is about 95% done and asked Mr. Sheehan if one week would be enough time to finish the yard. Mr. Sheehan said yes. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 12829 Jasmine Court and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding after July 1, 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. G13-0125 Secretary of Housing & Urban Dev. 34828 Campus Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. HUD/Sigma Services representative Gerard Daley stated that HUD has screens installed on the inside of attic vents to prevent animals from entering home, which is standard HUD procedure. Mr. Pitrone stated that from the outside the public sees a broken vent but it is sealed from the inside from animals. Mr. Daley stated that he removed the broken coach light and placed a cover over the open hole. Mr. Cooper stated obviously the City of Sterling Heights has higher standards than HUD regarding these matters. Mr. Daley stated that HUD is selling the house as-is and the potential buyers are aware. Mr. Cooper stated it looks like Mr. Daley already did the majority of the work. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 34828 Campus 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 G13-0126 Federal National Mortgage Assoc. 2452 Winston Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Paul Geiger, stating that the nuisance has been abated and there is no further cause for action. G13-0127 Chauhan, Mehar & Amritpal 40855 Jellico Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. 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 40855 Jellico 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 #4 trim tree that is growing over public sidewalk. 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 G13-0128 Saad, Susanne 39488 Parklawn Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. 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 39488 Parklawn 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 #8 gutters full of vegetation and #9 weeds in cracks/cuts & perimeters. 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 G13-0129 Miller, Yvonne S 8753 Plumbrook Road. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation 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 8753 Plumbrook 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. G13-0130 Vandoren, Myra D. 39026 Poinciana Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Craig Serafino, stating that the nuisance has been abated and there is no further cause for action. G13-0131 Zoskey, Michael & Joann 39314 Poinciana Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Mr. Cooper noted that the privacy fence next to the cyclone fence looks significantly taller than 6’ and asked if the Code Enforcement Officer revisit the issue. Moved by DiGaetano, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 39314 Poinciana 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 G13-0132 Paraventi, Richard 4617 Franklin Park Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, John Jacob, stating that the nuisance has been abated and there is no further cause for action. G13-0133 Yousif, Shafak 4942 Peachtree Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, the landscaping issues have been resolved and the issue is with the Christmas/Holiday lights. 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 4942 Peachtree 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. G13-0134 Al-Barak, Heba N. 37563 Rosebush Street. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, John Jacob, stating that the nuisance has been abated and there is no further cause for action. G13-0135 D’Anna, Giuseppe & Marianna 7750 Metropolitan Parkway. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Rick Thomas, stating that the nuisance has been abated and there is no further cause for action. G13-0136 Clapp, Waltraut 3081 Albany Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation 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 3081 Albany 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 G13-0137 Ciacico, Ferdinand & Marquez, M.J. 3213 Albany Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G13-0138 Raad, Joseph & Sylvia 37631 Douglas Court. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Homeowner Joseph Raad stated he has done some work on the property including scraping weeds in driveway cuts with a shovel. Mr. Cooper asked if grape vines are allowed to grow on fences. Mr. Willis stated there is no ordinance regarding grape vines on fences – everything must be neat and orderly. Mr. Raad asked if he could please have two weeks to complete work. Mr. Cooper stated that is fine because Mr. Raad has already gotten started on the issues. Moved by Ervin, supported by Cooper, to declare that a public nuisance exists on the property commonly known as 37631 Douglas Court and to direct the Code Official to abate the violations identified in the attached staff report which give rise to this finding after July 8, 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. G13-0139 Bann, Thomas J. 39360 Durand Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. 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 39360 Durand 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. G13-0140 Shamasha, Fuad R. 3655 Jasper Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G13-0141 Wells Fargo Bank, N.A 3752 Merrimac Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G13-0142 Singh, Baljit 3764 Merrimac Drive. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G13-0143 Chmielewski, Paul 2141 Newell Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there is an additional violation of improperly stored garbage can – in stagnant pond water. Pictures were shown at this time. Moved by DiGaetano, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 2141 Newell 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. G13-0144 Protasewicz, Jadwiga 2580 Oakcrest Road. Hearing on nuisance abatement at this location. Memo received from Code Enforcement Officer, Alan Gross, stating that the nuisance has been abated and there is no further cause for action. G13-0145 Federal Home Loan Mortgage Corp 34373 Dryden Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation 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 34373 Dryden 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. G13-0146 Kesto, A & Jarjis, N & Gumma, C 11203 Mandale Drive. Hearing on nuisance abatement at this location. Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Homeowner Angela Kesto stated she is a co-owner of property and it is used as a rental. Ms. Kesto stated the new owners will take care of everything. Mr. Pitrone stated this has been going on since May 2, 1013. Mr. Cooper asked when issues will be resolved. Ms. Kesto stated one week. Mr. Cooper asked Ms. Gerstenberg to let the Assessing department know this home is used as a rental for tax purposes. Conversation occurred between Ms. Kesto and the board regarding how long she needed to resolve the issues and who would do the work with no clear resolution. Mr. Ervin asked Patrick Willis whether the city contractor would repair or remove the fence. Mr. Willis stated it depends on the state of the fence. Audience member Mr. Joe Judnick spoke and asked the board to vote for an immediate abatement. Mr. Cooper noted he doesn’t feel the homeowner can get the work done and no effort has been made to convince him that this would be resolved in one week. Moved by Cooper, supported by Ervin, to declare that a public nuisance exists on the property commonly known as 11203 Mandale 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. OLD BUSINESS - None NEW BUSINESS – Revision of by laws Ms. Gerstenberg reviewed the agenda statement and revised by laws, and explained the new consent agenda format. Mr. Cooper stated he agrees with all of the changes and thinks they are great. Mr. Ervin stated he would like to thank Ms. Gerstenberg and her staff for the use of iPads at meetings and said they are doing a great job at doing more with less. Moved by Cooper, supported by Ervin, to approve the amendments as proposed to the Ordinance Board of Appeals By Laws. Yes: All. Absent: Hartson. Motion carried. APPROVAL OF MINUTES Motion by Cooper, supported by Ervin to approve Minutes of the June 10, 2013 regular meeting. Yes: All. Absent: Hartson. Motion carried. PUBLIC PARTICIPATION Mr. Joe Judnick spoke regarding several items: the property he previously discussed on Nineteen Mile Road was cut over the weekend, he doesn’t think grape vines should be permitted to grow on cyclone fences, he would like Detroit Edison to cut the tall grass underneath power lines on 19 Mile Road, he wonders if the board would like police presence at the meetings like City Council has, and his concern over the sidewalk in disrepair since August 2012 with a 30” deep hole and pipes sticking up at the southwest corner of Ryan Road and Metropolitan Parkway. ADJOURNMENT Motion by Cooper, supported by Ervin to adjourn. Yes: All. Absent: Hartson. Motion carried. Meeting adjourned at 9:09 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals