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 August 12, 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 – G13-0188, G13-0192, G13-0194, G13-0195, G13-0196, G13-0203, G13-0206, G13-0208, G13- 0209, G13-0210, G13-0214 4. Removal of Consent Items to New Business a. Moved item 12 to New Business item 9a. G13-0197 Garver, Idalene & Allegrina, M. – 12970 Takoma Drive b. Moved item 19 to New Business item 9b. G13-0204 Estrellado, Paolo & Vanessa – 38716 Derby 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 22, 2013, as presented. 2. G13-0187 U.S. Bank, N.A., Trustee – 11175 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11175 Fifteen 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. 3. G13-0189 Tayah, Philip/Houda/Christopher – 8623 Greendale Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 8623 Greendale Street 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. G13-0190 Federal National Mortgage Assoc. – 36876 Kyro Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 36876 Kyro 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. 5. G13-0191 Beauchamp III, Arthur – 11837 Delvin Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11837 Delvin 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. G13-0193 Danna, Giuseppe – 43401 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 43401 Van Dyke 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. G13-0197 Garver, Idalene & Allegrina, M. – 12970 Takoma Drive Moved to new business item 9a. 8. G13-0198 Nadon, Kathleen Louise – 39627 Balboa Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39627 Balboa 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. G13-0199 Jorjis, Saad – 11728 Dart Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11728 Dart 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. 10. G13-0200 Federal National Mortgage Assoc. – 40411 Hamilton Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40411 Hamilton 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. G13-0201 Baker, Ray F. & E – 40424 Regency Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40424 Regency 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. G13-0202 Federal Home Loan Mortgage Corp – 14848 Taconite Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14848 Taconite 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. G13-0204 Estrellado, Paolo & Vanessa – 38716 Derby Drive Moved to new business item 9b. 14. G13-0205 Walters, David W. – 11200 Lesure Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11200 Lesure 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. G13-0207 Scoggins, Paul D. – 2100 Chesley Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2100 Chesley 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. 16. G13-0211 Piao, Jesse Park & Kwon, Inhee – 2119 Fisher Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2119 Fisher 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. 17. G13-0212 Longoria, Jesus & Laura – 3138 Fox Hill Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3138 Fox Hill 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. 18. G13-0213 Yousif, Rami – 38703 Pinebrook Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38703 Pinebrook 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. 19. G13-0215 MS1, LLC – 13135 Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 13135 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. 20. G13-0216 America’s Servicing Company – 34024 Greentrees Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 34024 Greentrees 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. Public Hearings There were no public hearings. 8. Old Business a. G13-0170 / 0217 Yousif, Zina – 2762 Farmdale Drive Postponed case from July 22, 2013 meeting. Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, there was no change to the roof. Also, there are currently weeds in landscape areas, cracks/cuts & perimeters and the improperly stored firewood has been removed. Pictures were shown at this time. Homeowner was not present at meeting. Mr. Cooper stated the board received the additional information and photos it asked for at the last meeting and that the homeowner should have been at the meeting. Homeowner arrived at 7:30pm, after the case was heard. Moved by Hartson, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2762 Farmdale 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. 9. New Business a. G13-0197 Garver, Idalene & Allegrina, M. – 12970 Takoma 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 Idalene Garver spoke. Ms. Garver stated she cannot do the work herself and she cannot afford to pay somebody to do the work needed to clean up the yard. Ms. Garver stated she has a neighbor who cuts her grass and she can see if he can help. Ms. Garver asked if there is anything the city can do to help. Mr. Pitrone asked Ms. Gerstenberg if the SHINE program can help Ms. Garver. Ms. Gerstenberg stated the SHINE volunteers do clean-ups 2-3 times a year and the next one will occur this fall. Mr. Cooper asked to see the photos again. Mr. Ervin asked Ms. Gerstenberg if Ms. Garver might qualify for the Home Chore Program. Ms. Gerstenberg indicated that is an income-qualifying program run by Macomb County and CDBG. Ms. Gerstenberg stated Ms. Garver can contact her to begin the process. Mr. Pitrone stated he would be in favor of postponing this case until the next meeting to see if the Home Chore Program or SHINE can help. Moved by Cooper, supported by Ervin, to postpone this case until the next regularly scheduled meeting August 26, 2013. Yes: All. Motion carried. b. G13-0204 Estrellado, Paolo & Vanessa – 38716 Derby Drive Code Enforcement Officer, Craig Serafino, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Homeowners Paolo and Vanessa Estrellado spoke. Mr. and Mrs. Estrellado indicated that they have started working on the backyard and need more time to complete the rest of the work, as that they work opposite shifts and have 3 children and have not had time. Mr. and Mrs. Estrellado stated they will have the work done by Friday August 16. Mr. Cooper asked if the work will be done by next Monday August 19. Mr. and Mrs. Estrellado said yes. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38716 Derby 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. 10. Public Participation Joe Judnick spoke regarding the following issues: the SHINE program helping elderly residents, how many Code Enforcement Officers are on the road, banner flags are making the city look bad, Marco Antonio’s restaurant property in poor condition, the Wendy’s at 17 and Van Dyke in poor condition, flag signs on Mound Road, and the Four Seasons Plaza. Denice Gerstenberg answered several of Mr. Judnick’s questions. 11. Adjournment Motion by Cooper, supported by Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:36 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals