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 July 28, 2014 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, Horst Hrinciuc - 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 – G14-0158, G14-0159 & G14-0167 4. Removal of Consent Items to New Business a. Moved item 9 to New Business 9a. G14-0165 Bojaj, Mark & Marina – 38728 Arcola Drive b. Moved item 14 to New Business 9b. G14-0170 Kuzmowicz, Roman & Irma– 39314 Helena Avenue c. Moved item 15 to New Business 9c. G14-0171 Gojcevic, Prelja & Dilja – 36502 Melbourne Drive d. Moved item 17 to New Business 9d. G14-0173 Adlam, Arthur H. Jr. & Kimberly – 12215 Canal Road 5. Approval of Agenda Motion by Cooper, supported by 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 July 14, 2014, as presented. 2. G14-0160 Creekwood Real Estate, LLC – 8200 Irving Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 8200 Irving 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. G14-0161 JP Morgan Chase Bank, N.A. – 33500 Morrison Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33500 Morrison 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. G14-0162 Van Meter, Nicolina – 33703 Orban Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33703 Orban 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. G14-0163 Berisha, Hana & Lindon– 33741 Somerset Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33741 Somerset 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. Ordinance Board of Appeals July 28, 2014 Regular Meeting Page 2 6. G14-0164 Adams, James L. – 34080 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 34080 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. G14-0166 JP Morgan Chase Bank, N.A. – 38595 Beecher Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38595 Beecher 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. G14-0168 Wells Fargo Bank, N.A. – 37755 Hacker Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37755 Hacker 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. G14-0169 Koja, Nick – 37200 Ryan Road 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 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. G14-0172 Comerica Bank – 36603 Waltham Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36603 Waltham 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 8. Old Business 9. New Business a. G14-0165 Bojaj, Mark & Marina – 38728 Arcola Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Pictures were shown at this time. Marina Bojaj, owner, was present. Ms. Bojaj stated that her and her husband bought the property at an auction in April 2014 and they have only been to the property once. They have contacted a lawyer and they were informed not to go onto the property at all. They had a court date on June 21st, 2014 but it has been postponed for 45 days. Mr. Pitrone asked if there is an eviction action in progress. Ms. Bojaj stated that the tenants have a contract with the previous home owners and they will not leave. Mr. Cooper stated that she does not know when they will get possession and this could go on for awhile. Ms. Bojaj stated her lawyer told her it would be soon. Mr. Pitrone stated that he does not know why she can’t go on the property but that the eviction process could take a long time. Linda Luotonen, neighbor, was present. Ms. Luotonen stated that the property has been a mess for twenty years and she is thrilled to have the new owner fix it up. She called 41A District Court and they told her a judgment was signed on June 23, 2014. As of ten days ago the 41A District Court has not received an application for eviction. Ms. Luotonen stated that she has seen the grass moving in the back yard and can’t go into her backyard. Mr. Pitrone asked Ms. Bojaj what the plans are for the house. She stated that they plan on remodeling the home and Ordinance Board of Appeals July 28, 2014 Regular Meeting Page 3 then selling it or renting it. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38728 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. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. b. G14-0170 Kuzmowicz, Roman & Irma – 39314 Helena Avenue Code Enforcement Officer Horst Hrinciuc, stated as of today there were some changes to the property. Pictures were shown at this time. Roman Kuzmowicz, owner, was present. Mr. Kuzmowicz stated that he understands and he will take care of the landscaping but it will take some time. Mr. Cooper asked him how come the property was not cleaned up. Mr. Kuzmowicz stated that he trimmed the bushes back several times to see the sign. Mr. Cooper asked him if he could have it done in a week. He stated he will need more time. Mr. Kuzmowicz stated that he feels that his landscaping is good. He does not have time to do the landscaping and he is not a farmer. Mr. Cooper stated that it is part of owning a home. Mr. Pitrone explained that the property is in violation of the city ordinance. Mr. Ervin stated that the overgrowth is in the city right of way, which is the homeowners’ responsibility to maintain. Mr. Kuzmowicz asked how far back it needs to be trimmed. Mr. Hrinciuc stated one foot on the other side of the fire hydrant. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39314 Helena Avenue 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. c. G14-0171 Gojcevic, Prelja & Dilja – 36502 Melbourne Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there were no changes to the property. Mr. Hrinciuc stated that the property was in a fire. Pictures were shown at this time. The property owner was not present. Edward Smith, neighbor, was present. Mr. Smith stated that the basement has about a foot and a half of water in it and mold is growing. The fire occurred in October. Bernard Martin, neighbor, was present. Mr. Martin stated that the electric was cut off so the sump pump does not work. The windows are unsecure and people are crawling in and taking stuff. He would like to see something done. Mr. Cooper asked the neighbors if they know who owns the property. Mr. Smith stated that the owners are from New York and the home has been a rental property for years. Mr. Pitrone asked Ms. Gerstenberg if there is something the city can do about the water in the basement. Ms. Gerstenberg stated that the city can’t go into the house without some type of circuit court action. Our records indicate that the property owner lives at this property and not in New York. When we have houses like this we try to visit these on a regular basis. We will watch the assessing system and try to get a contact to let them know that there is a water problem here. At this point there has been no contact from the existing owner and there has been no other address made available to us. The city can’t go into the house without circuit court permission. Mr. Smith stated that the roof has a 10 by 10 hole that is covered with a blue tarp that is not secure. Mr. Cooper stated that he would like the roof repaired because having a blue tarp on the roof attracts attention. The Board went through the pictures to determine what needs to be done at the property. Ordinance Board of Appeals July 28, 2014 Regular Meeting Page 4 Moved by Harston, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36502 Melbourne 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 motion also includes paint the boarded windows so that they match the trim, secure and repair the roof, secure any windows that are accessible, paint the fire damaged trim and power wash the brick. 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. G14-0173 Adlam, Arthur H. Jr. & Kimberly – 12215 Canal Road Code Enforcement Officer, Horst Hrinciuc, stated as of today there were some changes to the property. Pictures were shown at this time. Arthur Adlam, owner, was present. Mr. Adlam stated that he wanted to apologize to the Board for letting his property get to this point where the Board has to intervene. Mr. Adlam explained that because of the storm and no power it delayed him from getting everything done. If the Board will give him more time he should have it done by the weekend. Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12215 Canal 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 6, 2014. 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. 9. Public Participation 11. Adjournment Motion by Cooper, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:53 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals