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 September 9, 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. Remove the following items from the consent agenda as they have been cleaned up prior to the meeting – G13-0245, G13-0249, G13-0256, G13-0261, G13-0264, G13-0265, G13-0266, G13-0268, G13- 0273, G13-0274 and G13-0275 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G13-0246 Overall, Brian & Erarner – 38134 Lincolndale Dr b. Moved item 4 to New Business 9b. G13-0247 Cary, Thomas & Sammie – 37261 Susan Street c. Moved item 5 to New Business 9c. G13-0248 Jakupovic, Marica & Senad – 37122 Marion Drive d. Moved item 10 to New Business 9d. G13-0253 Stanik, Sylvia – 11716 Sorrento Blvd e. Moved item 14 to New Business 9e. G13-0257 Bleecher Revocable Trust – 40341 Lafayette Drive f. Moved item 16 to New Business 9f. G13-0259 Maki, Bradley – 8630 Plumbrook Road g. Moved item 17 to New Business 9g. G13-0260 Elsner, Alexander – 38716 Chapman Drive h. Moved item 19 to New Business 9h. G13-0267 Elias, Jonathan – 39750 Timberlane Drive i. Moved item 24 to New Business 9i. G13-0269 Kim, Stephen & Jeom Ja – 36132 Carriage Drive 5. Approval of Agenda Motion by Commissioner Cooper, supported by Commissioner Ervin to approve agenda. 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 August 26, 2013, as presented. 2. G13-0250 Federal Home Loan Mortgage Corp. – 38565 Hayes Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 38565 Hayes 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. G13-0251 Zhong, Wei Bin – 8269 Tinkler Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 8269 Tinkler 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. 4. G13-0252 Sterling Mort. & Invest. Co. – 38314 Plainview Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38314 Plainview 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. G13-0254 Boutorwick, Richard J. – 39470 Byers Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39470 Byers 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. G13-0255 Stanley, Thomas – 8256 San Marco Blvd RESOLVED, to declare that a public nuisance exists on the property commonly known as 8256 San Marco Blvd 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. G13-0258 Wallner, Robert & Suan – 39625 Kingsbury Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39625 Kingsbury 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. G13-0262 Bank of America – 14443 Lakeshore Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14443 Lakeshore 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. G13-0263 Weichel, Rex & Elizabeth/Federal National Mort Assoc. – 35676 Eastmont Dr RESOLVED, to declare that a public nuisance exists on the property commonly known as 35676 Eastmont Dr 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. G13-0270 Bank of America, N.A. – 36607 Jeffrey Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36607 Jeffrey 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. G13-0271 D’Orazio Properties – 1950 Chesley Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 1950 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. 12. G13-0272 Higgins, Jack H. – 34063 Charlotte Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34063 Charlotte 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. 7. Public Hearings - None 8. Old Business a. G13-0197 Garver, Idalene & Allegrina, M. – 12970 Takoma Drive Ms. Gerstenberg told the Board that this property is being monitored at this time and no action from the Board is needed. 9. New Business a. G13-0246 Overall, Brian & Erarner – 38134 Lincolndale Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Mr. Overall, the owner, was present. He stated that he has been working on the property and is going to hire a landscaper and he didn’t really know why he was there. Mr. Cooper asked if he could get it done in 2 weeks. Mr. Overall said he would do what he could. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38134 Lincolndale 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 23, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. b. G13-0247 Cary, Thomas W. & Sammie K. – 37261 Susan Street Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, some landscaping was done. Pictures were shown at this time. Mr. Cary, the owner, was present. He stated that most of the property was cleaned up. Mr. Pitrone asked about the wood. Mr. Cary said that would be gone in 2 weeks. Mr. Cooper reviewed the pictures again and went through the violations. Mr. Cooper asked if he could get everything done in 2 weeks. Mr. Cary said, yes. Mr. Cary asked what abatement meant. Mr. Pitrone explained that if he does not correct the violations, the violations would be corrected by the city at his cost. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37261 Susan Street and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after September 23, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. c. G13-0248 Jakupovic, Marica & Senad – 37122 Marion Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, the junk vehicle is gone. Pictures were shown at this time. Mr. Jakupovic, the owner, was present. He stated that most of the violations are corrected and that the fence in question is being ruined by the neighbor’s bushes. Mr. Pitrone pointed out that it is still his responsibility to fix his fence. Mr. Jakupovic understood. Mr. Jakupovic informed the Board that his parents put up the fence about 5 years ago. Mr. Pitrone asked if he was the owner or the son. Mr. Jakupovic said he was the son. Mr. Pitrone let him know that he should not have represented himself as the owner. Mr. Cooper informed him that the fence is in violation of the city ordinance by being installed with the good side facing in. Mr. Jakupovic said that the only thing left was to fix the fence. Mr. Pitrone asked how long did he need. Mr. Jakupovic asked for 2 ½ to 3 weeks. Mr. Cooper let the Board know he was willing to give 4-6 weeks to fix the fence because it was installed improperly and he is sure a permit was not pulled. Therefore, the entire fence must be replaced. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37122 Marion Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after October 21, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. d. G13-0253 Stanik, Sylvia – 11716 Sorrento Blvd Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Mr. Ruper, real estate agent, was present. He stated that this was a descendent estate and the assets are frozen until September 23rd or 24th 2013, which at that time he would have access to the funds to hire someone to correct the violations. Mr. Cooper pointed out that most of the violations could be corrected with limited funds. Mr. Ruper agreed and stated that he would front his own money if he had to but he preferred not to. Mr. Cooper insisted that the current handyman working on the property could handle correcting the violations quite easily and asked Mr. Ruper if he could get it done in two weeks. Mr. Ruper agreed. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11716 Sorrento Blvd and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after September 23, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. e. G13-0257 Bleecher Revocable Trust – 40341 Lafayette Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, much of the clean up was done, some debris was left under the deck. He added item number 4 to the agenda statement-repair/remove fence. Pictures were shown at this time. Mr. Bleecher, the owner, was present. He stated that he was planning on getting rid of the fence. Mr. Pitrone commended him on the work that he completed and asked if the fence was being removed. Mr. Bleecher stated, yes. Mr. Cooper asked if he could get it done in two weeks. Mr. Bleecher said, yes. Public participation: Ms. Watterson complained about this property being a repeat offender. Mr. Cooper explained he would have ruled for an immediate abatement but the fence was added to the agenda tonight without giving the owner prior notice. He also made a statement about repeat offenders. Ms. Gerstenberg informed the Board unfortunately repeat offenders must be placed on the agenda and have their due process. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40341 Lafayette 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 23, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. f. G13-0259 Maki, Bradley Dean – 8630 Plumbrook Road Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Mr. Maki, the owner, was present. He explained to the Board the renovations that he has already preformed at the property. He said he painted the first story windows and the chimney should be repaired this week. He continued by saying this property is historical and will work with the Board to rectify any violations. Mr. Cooper requested to see the pictures again and asked about the garage and silo. Mr. Maki said he will paint the garage but otherwise it is in good condition. The silo he preferred to leave as standing. Mr. Pitrone stated he would like him to keep the silo but it has to be structurally sound. Mr. Hrnciuc let the board know that he did not believe it caused a real danger but it is considered an open hazardous structure. Ms. Gerstenberg agreed she would like to see it preserved but needs to be maintained by working together. Mr. Cooper was in favor of bringing the case back in two weeks for the dilapidated structure including the silo. Mr. Pitrone concurred he would also like to see a structural report for the silo to see if it could remain standing. It was pointed out that the property is now for sale. Mr. Maki insisted that he would still correct the violations even if he can sell the property. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8630 Plumbrook Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after September 23, 2013 for the chimney, exterior trim and soffits and the remainder of the items will be postponed until the next meeting for detailed information on the silo, dates certain for the three dilapidated structures and if the silo will need to be removed. 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, Hartson, Pitrone No: None. Absent: None. Motion carried. g. G13-0260 Elsner, Alexander W. – 4039 Chapman Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, the junk vehicle was removed. Pictures were shown at this time. Ms. Elsner, the owner, was present. She informed the Board that she was awarded a beautification award for her property for the past thirteen years. Her son recently redid the display. Mr. Pitrone said it looks nice but its on property that she doesn’t own. He also stated that it was a public safety concern. Ms. Elsner said she talked to Ms. Gerstenberg about moving the boulders when her son got back into town. She indicated that she did not want to remove the display. Mr. Cooper stated that the Board does not have authority to allow this display to stay because it is against city ordinance. He explained that unfortunately the people who give out those type of awards do not know all the city codes. Mr. Cooper asked when Ms. Elsner could get this taken care of. Ms. Elsner stated in two weeks. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4039 Chapman 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 23, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. h. G13-0267 Elias, Jonathan – 39750 Timberlane Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, the outdoor storage was cleaned up. Pictures were shown at this time. Mr. Elias, the owner, was present. He stated that the pigeons are gone and he is using the shed for storing his lawnmower, the shed was there when he bought the home. Mr. Cooper asked is there was a permit pulled. Mr. Hrinciuc said the shed is too tall and no permit was pulled. Mr. Cooper asked if Mr. Elias was willing to cut down shed and get a permit. Mr. Elias agreed to that. Mr. Cooper stated would be in favor of postponing until next meeting and if he gets a permit, in the meantime, it will be removed from the agenda. Mr. Pitrone stated that the shed would be required to pass inspection also for him to keep it. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39750 Timberlane 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 23, 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, Hartson, Pitrone No: None. Absent: None. Motion carried. i. G13-0269 Kim, Stephen & Jeom Ja – 36132 Carriage Drive Code Enforcement Officer, Horst Hrinciuc, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Ms. Kim, the owner, was present. She stated that the company that gave her an estimate never called her back and she cannot find someone to fix her property. Now she has someone to purchase the property. Her intention is to sell the home “as-is”. Mr. Cooper asked to see paperwork the owner was waving around. The paperwork was an estimate from October 2011 and another estimate from September 7, 2013 and a purchase agreement to sell the house by September 20, 2013. Mr. Cooper informed the Board that the purchase agreement was missing signatures and initials. He wasn’t sure if this was a valid purchase agreement. Mr. Pitrone stated he was in favor of immediate abatement because this property has been in this condition for the last 4 years. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36132 Carriage 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: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 10. Public Participation - none 11. Adjournment Motion by Cooper, supported by Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 9:01 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals