Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Ordinance Board of Appeals held a public hearing at 7:00 p.m. on Monday July 8, 2013 at the Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI in the Council Chambers, 586-446-2360. At this meeting the Board (1) considered variance requests of petitioners and (2) conducted hearings on abatement of nuisances relating to the property and property owners itemized on the following agenda. AGENDA 1. Chairman Pitrone called the meeting to order at 7:00 pm 2. Roll Call John Pitrone - Chairman, Kenneth Cooper - Vice-Chairman, Joseph DiGaetano - Secretary, Robert Ervin, Jennifer Hartson, Denice Gerstenberg - City Development Manager, Patrick Willis - Code Enforcement Officer, Kelly Byrd - Recording Secretary 3. Report from City Liaison – Denice Gerstenberg a. All petitioners were notified by first class mail about tonight’s meeting. The potentially dangerous dog case from June 24 that was postponed has been removed from the agenda – the owner withdrew request to appeal potentially dangerous dog determination. Remove the following items from the consent agenda as they have been cleaned up prior to the meeting – G13-0154, G13-0158, G13-0159, G13-0162, G13-0163, G13-0165, G13-0166, G13-0168. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business item 9a. G13-0149 Demrose, Anna – 2121 Lindell Road b. Moved item 10 to New Business item 9b. G13-0157 Blackie, David – 4713 Seventeen Mile 5. Approval of Agenda Motion by Commissioner Cooper, supported by Commissioner Ervin to approve agenda as amended. Yes: All. Motion carried. 6. Consent Agenda Moved by Cooper, supported by Ervin, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of June 24, 2013, as presented. 2. G13-0149 Demrose, Anna – 2121 Lindell Road Moved to New Business item 9a. 3. G13-0150 JP Morgan Chase Bank, N.A. – 33827 Timmy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33827 Timmy Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 4. G13-0151 CitiMortgage, Inc. – 8270 Canal Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 8270 Canal Road and to direct the Code Official to abate the violations identified in the attached staff reports 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. 5. G13-0152 U.S. Bank, National Association – 11363 Farthing Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11363 Farthing Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 6. G13-0153 Spranger, Kenneth C. – 3047 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 3047 Fourteen Mile Road and to direct the Code Official to abate the violations identified in the attached staff reports 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. 7. G13-0155 Kunz, June & Hotz, Alan – 2767 Pall Mall Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2767 Pall Mall Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 8. G13-0156 Valson, L. Philomena – 33232 Viceroy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33232 Viceroy Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 9. G13-0157 Blackie, David – 4713 Seventeen Mile Road Moved to New Business item 9b. 10. G13-0160 Seidell, Shelene – 37755 Hacker Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37755 Hacker Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 11. G13-0161 Blaurok, John – 13136 Picadilly Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13136 Picadilly Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 12. G13-0164 Johns, Jennifer & Davis, Vincent – 3697 Jennifer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3697 Jennifer Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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. 13. G13-0167 Deutsche Bank National Trust Co. – 33316 Beth Ann Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33316 Beth Ann Drive and to direct the Code Official to abate the violations identified in the attached staff reports 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: All. Motion carried. 7. Public Hearings There were no public hearings. 8. Old Business There was no old business. 9. New Business a. G13-0149 Demrose, Anne – 2121 Lindell Road Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, the accessory landscape structure has been painted. Pictures were shown at this time. Homeowner Dennis Demrose spoke regarding issues, asked board for 10 days to resolve issues. Mr. Demrose said he contacted DTE and Comcast regarding trees near power lines. Mr. Demrose said he doesn’t consider the vegetation an issue or a nuisance. Mr. Demrose also said he talked to DPW regarding his yard flooding with up to 1.5’ of water, and there is no location to tie into drain. Neighbor Lily Raskowski spoke regarding 2121 Lindell Road. Ms. Raskowski brought many photos taken at the beginning of June as well as the day of the meeting (7/8/13) showing overgrown trees and vines and how they grow over her property, fence, shed, and into the power lines. Ms. Raskowski stated she is tired of constantly trimming trees and that trees are causing damage to her fence and shed. Ms. Raskowski also stated the trees growing on the property of 2121 Lindell sprout through the root system and she is concerned about damage. Ms. Raskowski stated homeowner is a cat hoarder, which is not on the agenda but is an issue. Homeowner Dennis Demrose spoke again, stating same issues – flooded lot, needing 10 days to bring everything up to code. Mr. Pitrone asked to see pictures again to determine if 10 days is reasonable. Pictures were shown again and discussion occurred between board members and Mr. Demrose. Mr. Ervin summarized the agenda statement, pointing out that this has been going on for over a year. Mr. Cooper brought up the google earth view of 2121 Lindell on his ipad to show the extent of overgrowth on the lot. Mr. Cooper also noted the extent of work required to address the quantity of trees on the lot and how there is no way it can be done in 10 days by one person, possibly not even by an entire forestry crew. Mr. Pitrone stated this is an issue that goes way beyond tree trimming. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2121 Lindell 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: All. Motion carried. b. G13-0157 Blackie, David – 4713 Seventeen Mile Road Code Enforcement Officer, Patrick Willis, stated violation notices were sent. As of today, the improperly stored jet ski and trailer have been removed. Pictures were shown at this time. Homeowner’s brother-in-law, Ian Givens, spoke on his behalf. Explained that the property owner lives out-of-state and has for 3 years. Mr. Givens stated that as of 4:30pm today the tree was removed. Mr. Givens asked if the pile of outdoor storage and debris is a code violation. Mr. Pitrone indicated that it is a code violation. Mr. Givens said he will take care of that debris pile and homeowner David Blackie is doing the best he can under the circumstances. Mr. Cooper asked Mr. Givens if he can resolve all remaining issues in one week. Mr. Givens said yes. Mr. Cooper asked Mr. Givens if Mr. Blackie has plans to sell the house. Mr. Givens said yes. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4713 Seventeen Mile Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after July 15, 2013 adding 3- spray weed killer on weeds and 4- remove debris. 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: All. Motion carried. 10. Public Participation There was no public participation. 11. Adjournment Motion by Cooper, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:55 pm. Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals