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 22, 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, Craig Serafino - 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. Remove the following items from the consent agenda as they have been cleaned up prior to the meeting – G13-0179, G13-0183, G13-0184, G13-0186 4. Removal of Consent Items to New Business a. Moved item 3 to New Business item 9a. G13-0170 Yousif, Zina – 2762 Farmdale Drive b. Moved item 4 to New Business item 9b. G13-0171 Clark, B. & Torzy, J. – 41749 Hillview Drive c. Moved item 6 to New Business item 9c. G13-0173 Breiling, Christopher – 8650 Clinton River Road d. Moved item 7 to New Business item 9d. G13-0174 Selvaraja, Gerald & Selvam, Esther – 43736 Goldberg Drive e. Moved item 9 to New Business item 9e. G13-0176 Regina, Ronald E – 33011 Crestwell Drive f. Moved item 18 to New Business item 9f. G13-0185 Gee, Edward & Suey Kim – 2547 Mellowood Drive 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 July 8, 2013, as presented. 2. G13-0169 Hart, Frederick – 13828 Deepwood Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 13828 Deepwood Court 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. 3. G13-0170 Yousif, Zina – 2762 Farmdale Drive Moved to New Business item 9a. 4. G13-0171 Clark, B. & Torzy, J. – 41749 Hillview Drive Moved to New Business item 9b. 5. G13-0172 CitiMortgage, Inc. – 13647 Terra Santa Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13647 Terra Santa 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. G13-0173 Breiling, Christopher – 8650 Clinton River Road Moved to New Business item 9c. 7. G13-0174 Selvaraja, Gerald & Selvam, Esther – 43736 Goldberg Drive Moved to New Business item 9d. 8. G13-0175 Bank of America, N.A. – 8767 Headley Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8767 Headley 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. G13-0176 Regina, Ronald E.– 33011 Crestwell Drive Moved to New Business item 9e. 10. G13-0177 Dabish, Nassero & Fatina – 2023 Deveere Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2023 Deveere 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. G13-0178 Lambart, Martha – 37350 Catherine Marie Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37350 Catherine Marie 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. G13-0180 Deutsche Bank National Trust Co. – 12598 Plumbrook Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 12598 Plumbrook 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. 13. G13-0181 Teodoro, R. & M. – 38635 Warwickshire Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38635 Warwickshire 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. 14. G13-0182 Bank of America, N.A. – 12976 Whitfield Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12976 Whitfield 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. 15. G13-0185 Gee, Edward & Suey Kim – 2547 Mellowood Drive Moved to New Business item 9f. 7. Public Hearings There were no public hearings. 8. Old Business There was no old business. 9. New Business a. G13-0170 Yousif, Zina – 2762 Farmdale Drive Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Homeowner Amar Hudhir present to discuss property. Mr. Hudhir brought two estimates for roof repair for $18,000 each. Mr. Hudhir stated he bought the home with a land contract 3 months ago and asked for one year’s time to refinance his 6 properties in Sterling Heights, trim trees around his yard, and repair the roof. After discussion back and forth between the board and Mr. Hudhir, Mr. Cooper stated he is not ready to make a decision with one only picture of the house and roof. Mr. Cooper stated it is not clear what the issues are and he would need to see better pictures to make such a costly determination. Mr. Cooper also noted that tree trimming needs to be added to the list of issues. Mr. DiGaetano agreed with Mr. Cooper’s idea to postpone the meeting and noted that he cannot remember a time the board gave one year to correct issues. Mr. Cooper noted the latest he would personally be willing to grant Mr. Hudhir is until November 1, 2013, so he suggested Mr. Hudhir come up with a proposed Plan B for his roof repairs. Mr. Pitrone noted that if the Code Enforcement Officer cannot obtain better pictures, he should provide a narrative for the board. Moved by Cooper, supported by Hartson, RESOLVED, to postpone this case until the next regular OBA meeting Monday August 12, 2013. Yes: All. Motion carried. b. G13-0171 Clark, B. & Torzy, J. – 41749 Hillview Drive Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Homeowner Betty Clark present with neighbor John in case she needs assistance hearing the board members. Ms. Clark stated the trailer is in the driveway because she frequently goes up north and the sawhorses are present because she is putting shelving in the kitchen. Ms. Clark stated she addresses issues when she receives a violation notice. Ms. Clark asked for clarification on what she needs to do. Mr. Pitrone asked to see photos of the driveway again and pointed out what needed to be done with each issue – moving outdoor storage items, removing trailer, property needs general manicuring and trimming. Mr. Ervin asked if this was a complaint or proactive enforcement. Mr. Cooper summarized the report and noted that the recent heat and rain caused everything green to grow. Mr. Cooper asked if two weeks is enough time for Ms. Clark to correct all remaining issues. Ms. Clark said two weeks is not enough, she will need one month. Mr. Cooper said this needs to end quickly and he is in favor of two weeks. Mr. Pitrone stated he believes Ms. Clark will need more than two weeks with the amount of trimming that needs to be done. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 41749 Hillview Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 12, 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: DiGaetano, Ervin, Hartson, Pitrone. No: Cooper. Motion carried. c. G13-0173 Breiling, Christopher – 8650 Clinton River Road Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, approximately 50% of the property has been cleaned up. Agenda statement item 3 – overgrown landscaping covering drain in front yard has been resolved. Pictures were shown at this time. Homeowner’s brother Kurt Breiling and fiancée Teri Johnson were present. Mr. Breiling and Ms. Johnson stated they are working hard on the front yard and cleaning up the issues. Mr. Breiling stated the trees need to be trimmed and the pool needs a safety cover which has to be specially made. Mr. Breiling asked if the pool in fact needs a safety cover to which Mr. Pitrone answered the pool needs a proper cover. Mr. Cooper asked if the pool was operational – it is not, and if the concrete pool has cracks – it does. Mr. Cooper asked about long-term plans for the pool to which Mr. Breiling answered he does not know. The stagnant water has been treated. Mr. Cooper stated the pool is a standard size and the cover should not have to be special ordered. This process should be quick as the blue tarp cannot remain on forever. Mr. Cooper asked if two weeks would be enough time to get everything done, Mr. Breiling and Ms. Johnson answered yes. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8650 Clinton River Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 5, 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: All. Motion carried. d. G13-0174 Selvaraja, Gerald & Selvam, Esther – 43736 Goldberg Drive Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, the property is approximately 25% corrected, with the shed repaired but in need of paint and shingles. Pictures were shown at this time. Homeowner Gerald Selvaraja spoke, stating he needs more time to correct issues regarding the swimming pool. Mr. Selvaraja showed pictures of the corrected issues. The condition of the shed was discussed between Mr. Selvaraja and the board. Mr. Pitrone asked Mr. Selvaraja about his plans for the pool to which Mr. Selvaraja answered to have it removed and filled. Mr. Cooper asked how much time he will need to complete work to which Mr. Selvaraja answered 3 months. Mr. Cooper stated one month is reasonable. Mr. Pitrone noted that it will be easier to demolish pool now rather than in September or October when pool companies are closing down pools. Mr. Cooper stated that Mr. Selvaraja will need to use a demolition company to remove the pool. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43736 Goldberg Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 19, 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: All. Motion carried. e. G13-0176 Regina, Ronald E.– 33011 Crestwell Drive Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, the property is approximately 40% corrected. A landscaping company was on site at the time of inspection. Pictures were shown at this time. Homeowner Ron Regina spoke, stating a contractor is doing work on the back fence, he corrected many of the violations, has a new cover on the deck, and had a crew working on the property the day of the meeting. Mr. Pitrone noted that the area between the 2 back fences needs to be maintained and cleared of trash & debris. Mr. Cooper asked Mr. Regina how much time he needs, Mr. Regina stated 2 weeks. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33011 Crestwell Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 5, 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: All. Motion carried. f. G13-0185 Gee, Edward & Suey Kim – 2547 Mellowood Drive Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, the property is 50% corrected. Pictures were shown at this time. Homeowner’s son Henry Gee spoke, explaining that there are health and job issues in the family, as well as a broken piece of yard equipment he needs to trim the overgrown shrubs and trees. Mr. Gee showed pictures of the work he has already done, asked how to dispose of tree limbs correctly, and explained that he is waiting to have the broken yard equipment repaired. Mr. Pitrone stated that limbs must be bundled and tied together. Mr. Pitrone noted the makeshift temporary mailbox. Mr. Gee stated he needs more time to correct the issues and needs help with the mailbox. Mr. Ervin asked Mr. Gee if he could see the pictures again and pointed out the overgrown bushes in front of the house. Mr. Pitrone stated this is not a big job, and Mr. Gee is mostly done with the work, so this should not take too long to complete. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2547 Mellowood Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 5, 2013 adding #5 Blue garbage can as mailbox. 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 Hartson, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:30 pm. Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals