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 October 28, 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 (Absent) - Vice-Chairman, Joseph DiGaetano - Secretary, Robert Ervin, Jennifer Hartson, Denice Gerstenberg - City Development Manager, Craig Serafino - Code Enforcement Officer, Dana Vietto - Recording Secretary 3. Report from City Liaison – Denice Gerstenberg a. Received a letter regarding property address 39834 Baker Drive and would ask that we move this property to new business - G13-0332. b. 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 – G13-0320, G13-0325, G13-0333, G13-0338, G13-0345, G13-0346, G13-0347, G13-0348, G13- 0349 and G13-0352. 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G13-0331 Russo, Michael – 8632 Alwardt Drive b. Moved item 4 to New Business 9b. G13-0332 Kryza, Raymond H. – Trust – 39834 Baker Drive c. Moved item 5 to New Business 9c. G13-0334 Brooks, J & Martin, E – 39140 Ironstone Drive 5. Approval of Agenda Motion by Hartson, supported by Ervin to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Hartson, supported by Ervin, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of September 23, 2013, as presented. 2. G13-0321 Elias, Akhnoukh S. or Current Resident – 4663 Chadbourne Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4663 Chadbourne 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. G13-0322 Elia, Arkon – 35515 Marina Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35515 Marina 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. G13-0323 Smith, Kevin Lee – 36712 Wayne Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36712 Wayne 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. G13-0324 Bittner, Otto – 8839 Kidley Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8839 Kidley 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. G13-0326 Rozet, Inc. – 3945 Nowak Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3945 Nowak 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. G13-0327 Bank of New York Mellon – 34672 Richard O Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34672 Richard O 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. G13-0328 Kaminski, Gerald Jr. – 33727 Sano Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 33727 Sano 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. 9. G13-0329 JP Morgan Chase Bank, N.A. – 41825 Marold Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 41825 Marold 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. G13-0330 Gattinger, Norbert F. – 13419 Melanie Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13419 Melanie 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. G13-0335 Vandoren, Myra D. – 39026 Poinciana Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39026 Poinciana 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. G13-0336 Willaert, Walter – 39885 Spitz Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39885 Spitz 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. G13-0337 Pacific Property Group, LLC – 39099 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 39099 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. 14. G13-0339 Federal Home Loan Mortgage Corp. – 37258 Carpathia Blvd RESOLVED, to declare that a public nuisance exists on the property commonly known as 37258 Carpathia 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. 15. G13-0340 Frohriep, Kenneth/Wells Fargo Bank N.A. – 11974 Danforth Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11974 Danforth 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. 16. G13-0341 Ruper, Greg – 37837 Hayes Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37837 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. 17. G13-0342 Woodley, James & Veronica – 13023 Kinlock Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13023 Kinlock 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. G13-0343 Fannie Mae – 38767 Monterey Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38767 Monterey 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. G13-0344 Kuhn, Bryan & Jessica/Federal National Mortgage Assoc. – 8607 Roman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8607 Roman 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. 20. G13-0350 Johns, Jennifer & Davis, Vincent – 3697 Jennifer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3697 Jennifer 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. 21. G13-0351 Riverland Associates – 43500 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 43500 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. 22. G13-0353 Kesto, Angela – 11203 Mandale Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11203 Mandale 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. 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, siding and chimney were repaired. There is still debris on the ground. Mr. Maki, the owner, was present. Mr. Maki gave reports to the Board regarding the silo from an architecture and engineering firm. He stated that the report recommended that the silo cylinder is in good condition but the back area tiles must be repaired and the structure is stable at this time. Mr. Maki said that another dumpster will be delivered to pick up the debris on the property. Mr. Pitrone asked Mr. Maki for clarification about the back area tiles and when he could have it fixed. Mr. Maki stated that he would get on it right away. Mr. Pitrone asked when all the work would be completed. Mr. Maki said within a few weeks. Mr. Ervin stated that at a previous meeting Mr. Maki mentioned fixing the stairs of the silo. Mr. Maki stated that is what he is going to repair. Moved by DiGaetano, supported by Ervin, 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 November 11, 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: Cooper. Motion carried. New Business a. G13-0331 Russo, Michael – 8632 Alwardt Drive Code Enforcement Officer, Craig Serafino, stated as of today there were some changes, the only issue that remains is the front porch is in disrepair. Pictures were shown at this time. Michael Russo, owner, was present. Mr. Russo stated that he is having a contractor come out next week to break up the porch and to re-pour the porch. Mr. Pitrone asked Mr. Russo if he could have the porch fixed within a few weeks. Mr. Russo said yes. Mr. DiGaetano asked Mr. Serafino if he believed that Mr. Russo was earnest in resolving the conditions of the property and if the property could be fixed in two weeks. Mr. Serafino replied yes. Moved by Ervin, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8632 Alwardt Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 11, 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: Cooper. Motion carried. b. G13-0332 Kryza, Raymond H. – Trust – 39834 Baker Drive Code Enforcement Officer, Craig Serafino, stated as of today there were no changes. Pictures were shown at this time. In the report from City Liaison, Ms. Gerstenberg received an email from Pamela Kryza asking for a two-week extension to clean up the property. Joe Judnick, Sterling Heights resident, was present. Mr. Judnick asked the Board for an immediate abatement on this property. Ms. Hartson stated that the property appears to have had a previous abatement, the issues on this property have been going on since summer time and the resident did not make any effort to make contact with the Board until 4:10 p.m. today. Ms. Hartson stated that she would be opposed for a time extension for cleanup on this property. Moved by Hartson, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39834 Baker 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: Cooper. Motion carried. c. G13-0334 Brooks, J & Martin, E – 39140 Ironstone Drive Code Enforcement Officer, Craig Serafino, stated as of today there were some changes, the grass had been cut and one tree was cut down but the wood was left on the ground. We need to add the shed which has rotting wood and in need of paint at this time. Pictures were shown at this time. Jody Brooks, owner, was present. Ms. Brooks stated that she is disabled and unable to take care of her property. She has been in contact with Interfaith Volunteer program. They have started cleaning up her property but will not be out again for at least a few weeks. Mr. Pitrone stated that with the weather getting colder soon this property really needs a landscaping crew and a carpenter to get this property cleaned up. Mr. Pitrone asked Ms. Gerstenberg if Shine could help out Ms. Brooks. Ms. Gerstenberg stated that Octobers Shine was cancelled because of rain and she is not sure if there is time for Shine to put her on the November schedule and then it will be spring before they can get out to her property. Mr. Giasson, Sterling Heights resident, stated that Shine is scheduled for this Saturday November 2, 2013. Mr. Judnick, Sterling Heights resident, would request an immediate abatement. Ms. Gerstenberg stated that we would make every effort to get her on the Saturday program. Mr. DiGaetano asked if Shine does carpentry. Ms. Gerstenberg stated that the Shine program deals with landscaping issues and maybe able to take care of the dead trees. It is unlikely that they will be able to fix the rotting wood and the shed. They may be able to help with the painting. After the motion, Mr. Pitrone clarified the Boards motion for Ms. Brooks. Amended motion moved by Ervin, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39140 Ironstone Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 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: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: Cooper. Motion carried. 10. Public Participation - Joe Judnick, Sterling Heights resident, made a complaint about Marco Antonio’s nuisance property and illegal political signs through out the city. 11. Adjournment Motion by Ervin, supported by Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:47 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals