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 23, 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, Paul Geiger - Code Enforcement Officer, Dana Vietto - 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 – G13-0276, G13-0278, G13-0279, G13-0281, G13-0282, G13-0287, G13-0291, G13-0294, G13- 0295, G13-0296, G13-0297, G13-0298, G13-0299, G13-0300, G13-0301, G13-305 and G13- 306. 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G13-0277 Scarantino, Mary F. – 13468 Mair Drive b. Moved item 4 to New Business 9b. G13-0285 Jackson, Ardin & Frances – 5540 Branch Street c. Moved item 5 to New Business 9c. G13-0288 Kolcz, Walter M. – 12074 Sorrento Blvd d. Moved item 10 to New Business 9d. G13-0290 Stiff, John F. & Therese – 37759 Evergreen Drive e. Moved item 14 to New Business 9e. G13-0293 Koja, Nick – 37200 Ryan Road f. Moved item 16 to New Business 9f. G13-0307 Litton Loan Service – 33927 Brookshire 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 September 9, 2013, as presented. 2. G13-0280 Castro, Alejandra/Fuentes, Americo – 39347 Ironstone Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39347 Ironstone 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. G13-0283 Rice, Ronald & Barbara/Federal National Mort. Assoc. – 40114 Regency Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40114 Regency Drive 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. G13-0284 Kouyoumdjian, Alice – 39134 Roland Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39134 Roland Drive 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. G13-0286 Chehab, Hassan & Loubna – 38155 Chatham Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 38155 Chatham 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. 6. G13-0289 Dipalma, Teresa Donna – 38317 Arcola Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38317 Arcola 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. G13-0292 Hermiz, Haitham – 5046 Temple Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5046 Temple 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. G13-0302 Fannie Mae – 2409 Maplecrest Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2409 Maplecrest 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. 9. G13-0303 Fannie Mae – 38436 Sutton Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38436 Sutton 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. G13-0304 Razook, Rivan – 39746 Durand Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39746 Durand 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. G13-0259 Maki, Bradley Dean - 8630 Plumbrook Road Code Enforcement Officer, Paul Geiger, stated as of today, there were some changes. Pictures were shown at this time. Trim work was painted and patched. Chimney was patched. There is still debris on the ground and a dumpster is on site. Mr. Maki, the owner, was present. He stated that he took down the pump house. He has a twenty yard dumpster on the property and it is full. He needs to get another dumpster for the roof that is on the ground. The debris in the yard is an ongoing project. Mainly he worked on getting the house painted within the two weeks and it will be completed by the end of the week. Mr. Pitrone asked about the silo. Mr. Maki stated that his friend from Eastside Masonry said it was totally sound and can be fixed with masonry work. Mr. Maki said no one walks on his property and the silo is not a danger. Mr. Cooper stated that the property looks good but a sealed document needs to be brought in regarding the structure of the silo. He asked Mr. Maki if the document could be brought in at the next meeting. Mr. Maki said yes. Mr. Cooper stated that the structure has to be structurally sound even if nobody is walking on the property. Mr. Cooper would move to postpone this item to our next regular scheduled meeting. The board expects that the house be completely painted, debris picked up and a copy of the engineering report about the silo brought to the next meeting. Moved by Cooper, supported by Hartson, to postpone until the meeting of October 28, 2013. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. b. G13-0267 Elias, Jonathan – 39750 Timberlane Drive Ms. Gerstenberg told the Board that the property owner has modified the shed. Now it is a one- story structure (6 x 7 = 42 square feet) and no permit is required. The property has been cleaned up. This property has complied. 9. New Business a. G13-0277 Scarantino, Mary F. – 13468 Mair Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes. Pictures were shown at this time. Mr. Pitrone stated that this property has been in front of the Board two times. Mr. Frank Hemerick, neighbor, was present. He discussed his concern about the unsafe deck in the rear yard, the overgrown evergreen covering the front door, which could be a safety hazard to get in the home. He stated that the roof is in disrepair and the car in the driveway has no plates and has been in the driveway for months. The resident lives close to a school and never shovels her driveway during the winter. He wants the board to take a different course of action and possibly force the homeowner to pay for a contractor because nothing gets done until the neighbors complain. Mr. Hemerick said he went on the city website and there are no charges for the homeowners previous abatements. Mr. Cooper asked Ms. Gerstenburg how residents are billed for abatements. Ms. Gerstenburg stated that residents are mailed invoices and if they are not paid the bills are put on their taxes. If the taxes are not paid it is turned over to the county. Mr. Cooper stated that we cannot force the resident to hire a contractor. Mr. Pitrone asked Mr. Geiger how snow removal is enforced. Mr. Geiger stated that the city will leave a tag on the door and after 24 hours if the violation is not corrected the city sends a contractor out to remove the snow at the residents’ expense. Ms. Gerstenburg explained that it is impossible to respond to every snow removal violation and that is why the city relies on complaints from other residents. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13468 Mair 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. b. G13-0285 Jackson, Ardin & Frances – 5540 Branch Street Code Enforcement Officer, Paul Geiger, stated as of today there were some changes. Pictures were shown at this time. Mr. Jackson, the owner, was present. He stated that some of the violations have been corrected but he needs more time to correct the rest of them. He stated that he is disabled and has no money to hire someone to do the repairs. Mr. Jackson brought pictures to show council what he has done to the property so far. Mr. Marv, the neighbor, stated that the owner before Mr. Jackson did nothing with the property and Mr. Jackson has worked hard on cleaning up the property but he needs more time. Mr. Cooper asked how much time he would need to fix the violations that are left on the property. Mr. Jackson stated at least a month to remove the backhoe. Mr. Geiger informed him that the trailer must be on the driveway to be compliant. Mr. Cooper stated that the porch still needs to be fixed and the fence needs to be torn down or fixed. Mr. Marv offered to help Mr. Jackson with the repairs. Mr. Cooper asked if everything could be done within two weeks except the removal of the backhoe. Mr. Jackson said yes. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5540 Branch Street and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after October 7, 2013 except the backhoe 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. c. G13-0288 Kolcz, Walter M. – 12074 Sorrento Blvd Code Enforcement Officer, Paul Geiger, stated as of today there were some changes. Pictures were shown at this time. Mr. Kolcz, the owner, was present. He stated that he has no excuses for his property except lack of time and he is working on cleaning it up. Ms. Hartson asked him if it is 75% done now and if the board gave him one week could he finish cleaning it up. Mr. Kolcz said yes. Moved by Hartson, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12074 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 30, 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. G13-0290 Stiff, John F. & Therese – 37759 Evergreen Drive Code Enforcement Officer, Paul Geiger, stated violation notices were sent. As of today, there was no change. Pictures were shown at this time. Ms. Kimicowski, representing Citimortgage, was present. She stated that once the property owners were aware of the violations they ordered their property maintenance to have it done within 24 hours. Mr. Cooper asked if the property would be cleaned up in one week. Ms. Kimicowski said yes. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37759 Evergreen 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 30, 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. G13-0293 Koja, Nick – 37200 Ryan Road Code Enforcement Officer, Paul Geiger, stated violation notices were sent. As of today, all of the violations were corrected except for the roof. Pictures were shown at this time. Mr. Koja, the owner, was present. Mr. Koja stated that he has spent about $50,000 to $60,000 repairing the property and his roofing friend said the roof has probably about one more year left. Mr. Cooper asked to see the pictures again. He stated that the roof looks like it should have been replaced about seven or eight years ago. Mr. Cooper asked how soon Mr. Koja could get the roof replaced. Mr. Koja asked for one year. Mr. Cooper stated he would not be in favor of waiting one year for the roof to be replaced but he would be in favor of giving him until the end of the year to protect his $50,000 that he has put into the property. Mr. Pitrone said the roof is in horrible condition and it is not wise to wait until next summer. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37200 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 November 30, 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. G13-0307 Litton Loan Service – 33927 Brookshire Drive Code Enforcement Officer, Paul Geiger, stated violation notices were sent. As of today, everything was cleaned up except the tall weeds on the side of the house. Pictures were shown at this time. Ms. Kimicowski, representing Acquin, was present. She informed the Board that she reviewed the pictures with the code enforcement officer and she will let her client know that they missed the weeds on the side of the house. Mr. Ervin asked if the property would be cleaned up in one week. Ms. Kimicowski said yes. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33927 Brookshire 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 30, 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. 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 8:24 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals