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 26, 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, Kimberly Stulz - Recording Secretary 3. Report from City Liaison – Denice Gerstenberg a. All petitioners were notified by first class mail about tonight’s meeting. The following items were removed from the consent agenda as they were cleaned up prior to the meeting – G13- 0218, G13-0222, G13-0224, G13-0225, G13-0229, G13-0230, G13-0231, G13-0232, G13-0233, G13-0234, G13-0235, G13-0237, G13-0239, G13-0243 and G13-0244. 4. Removal of Consent Items to New Business a. Moved item 11 to New Business item 9a. G13-0227 Campbell, Ross – 38548 Monterey Drive b. Moved item 22 to New Business item 9b. G13-0238 Williams, Paul & E. – 36599 Lodge Drive c. Moved item 26 to New Business item 9c.G13-0242 American Muslim Diversity Assoc. – 44760 Ryan Road 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 Hartson, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of August 12, 2013, as presented. 2. G13-0219 Nouri, Labeed & Btros, Rouwaida – 3142 Albany Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3142 Albany 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. 3. G13-0220 Nelson, John – 35229 Dunston Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35229 Dunston 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. G13-0221 Khosho, Randy – 37012 Tricia Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37012 Tricia 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. 5. G13-0223 Enki Home Investments, LLC – 35241 Dunston Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35241 Dunston 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. G13-0226 Bank of America – 12086 Amber Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 12086 Amber 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. 7. G13-0227 Campbell, Ross – 38548 Monterey Drive Moved to new business item 9a. 8. G13-0228 Ton, Peter & Nguyen, Minh Thuy – 13090 Winona Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13090 Winona 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. G13-0236 Cox, Joseph & Kelly – 42847 Pheasant Run Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42847 Pheasant Run 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. G13-0238 Williams, Paul & E. – 36599 Lodge Drive Moved to new business item 9b. 11. G13-0240 Rumler, Mark & Connie Lou – 43041 Penny Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43041 Penny 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. G13-0241 Hermz, Evelyn Poules – 43061 Hyde Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43061 Hyde Park 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. G13-0242 American Muslim Diversity Assoc. – 44760 Ryan Road Moved to new business item 9c. 7. Public Hearings - None 8. Old Business - None 9. New Business a. G13-0227 Campbell, Ross – 38548 Monterey Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, some work has been done. There are wood panels that need to be take care of and there is also a downspout that needs to be reattached. Pictures were shown at this time. April Campbell, daughter, spoke. She said her father passed away and she didn’t realize her mom discontinued the lawn service. She is in the process of cleaning up and selling home. She asked for a little more time. Mr. Cooper asked if she could get it done in a week. She said, yes but the shed. Mr. Cooper asked if it was enough time to give one week for the landscaping and two weeks for the shed. She said, yes. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38548 Monterey Drive and to direct the Code Official to abate the violations identified in the attached staff reports including fixing the downspout which give rise to this finding after September 2, 2013 for the landscaping and after September 9, 2013 for the shed removal. 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. G13-0238 - Williams, Paul & E. – 36599 Lodge Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, the only violation that exists is the broken interior pane of glass. Pictures were shown at this time. Homeowner, Mrs. Williams spoke. She said she needs a little more time for to replace the interior pane of glass. She cannot do it financially right now. Mr. Cooper asked Horst if the home was weather tight. Mr. Hrinciuc said, yes. Mr. Cooper asked when she thinks she can get it replaced. She said by the end of the month. Mr. Cooper believed that was an acceptable time frame. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36599 Lodge Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after September 2, 2013 for the outside window and September 30, 2013 for the inside window. 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. c. G13-0242 - American Muslim Diversity Assoc. – 44760 Ryan Road Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, most of the tall weeds were cut down. There is a sidewalk section that also needs to be replaced. Pictures were shown at this time. Moin Asjad, representative for American Muslim Diversity, spoke. Mr. Asjad indicated the sidewalk was given approval for now by the Engineering Department because they are installing utilities. As soon as they are complete, the sidewalk will be repaired. Mr. Pitrone asked when would the project be complete. Mr. Asjad said he didn’t know, but it will be next year in the first quarter some time. Mr. Asjad showed pictures of the site and the cleanup in process. Discussion ensued about the entire project, construction and sidewalk installation. Mr. Cooper stressed that they were a guest of the city, while doing construction and they are required to maintain the construction site even if ongoing. Mr. Asjad understood and said he spoke with the construction foreman to make sure this doesn’t happen again. Public Participation: Jim Heilman complained about the constant dust. Delores Ashley complained about the dumpster and port-a-john located outside her residence. Cindy Kujawski expressed her frustration with the continuing construction. Mr. Asjad apologized for what the residents are feeling and said he will help any way he can. Mr. Cooper asked if he could get the remainder of the items fixed in one week. He said, yes. Mr. Cooper stressed again that it is their responsibility to maintain the property while under construction and he also asked if Mr. Asjad could help out the residents who spoke today. Mr. Asjad said he would do what he could. Mr. Pitrone asked about the sidewalk. Mr. Cooper believed that however our Engineering Department approves it, he would find it acceptable. Mr. Pitrone asked Mr. Hrinciuc that if the sidewalk weren’t taken care would we bring it back to the Board. He said, yes. Mr. Ervin pointed out that if the site were graded properly, Mr. Asjad wouldn’t have such a hard time hiring a contractor to maintain the site. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 44760 Ryan 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 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 - None 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