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 11, 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, 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 – G14-0174, G14-0178, G14-0180, G14-0183, G14-0186 & G14-0187 4. Removal of Consent Items to New Business a. Moved item 7 to New Business 9a. G14-0179 Srour, Rita & Fares, George– 2927 Lotus Drive b. Moved item 9 to New Business 9b. G14-0181 Ahmad, Abbas & Fadia – 2165 Newell Drive c. Moved item 18 to New Business 9c. G14-0190 Joyce, Carol – 42025 Mendel Drive d. Moved item 19 to New Business 9d. G14-0191 Kryza, Raymond H. Trust – 39834 Baker Drive e. Moved item 20 to New Business 9e. G14-0192 Lannoo, George & Alice – 40614 Colony Drive f. Moved item 22 to New Business 9f. G14-0194 Ganz, Gregory & Maureen– 11301 Newburg Drive g. Moved item 23 to New Business 9g. G14-0195 Andreas, Andreas – 36317 Maas Drive 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 28, 2014, as presented. 2. G14-0175 Ladach, Thomas A.– 3463 Rhoten Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3463 Rhoten 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. G14-0176 Flagstar Bank – 33151 Richard O Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33151 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. 4. G14-0177 Savewo, LLC – 37484 Dundee Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 37484 Dundee Street 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. G14-0182 Litton Loan Service & Carol Najor – 33927 Brookshire Drive 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 immediately. The Board also authorizes and approves the imposition of a lien against the property, in the amount of the cost of abatement Ordinance Board of Appeals August 11, 2014 Regular Meeting Page 2 incurred by the City, as permitted by the applicable city ordinance. 6. G14-0184 Washeleski, Debra A. – 5410 Plymouth Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 5410 Plymouth Street 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. G14-0185 Flagstar Bank – 33527 Stonewood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33527 Stonewood 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. G14-0188 Kologek, Raymond & Lottie & HSBC Bank USA – 13117 Winona Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13117 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. G14-0189 Ellison, Steven & Patrick – 14511 Alpena Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14511 Alpena 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. G14-0193 Brock, Michael R. – 8387 Independence Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8387 Independence 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. G14-0196 Andrezejewski, David & Talmer Bank & Trust – 43925 Merrill Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 43925 Merrill 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. 7. Public Hearings 8. Old Business 1. G14-0105 Schroeter, Rolf M. – 9004 Birkhill Drive Code Enforcement Officer, Paul Geiger, showed pictures at this time. Rolf Schroeter, owner, was present. Mr. Schroeter stated that he is in the process of getting a building permit. He met with Mike Viazanko to clarify what he needs to do to get an approved building permit. Mr. Cooper stated that Mr. Schroeter has done what the Board has asked him to do. Mr. Cooper stated he would be in favor of bringing this case back in September for an update from Ms. Gerstenburg. Mr. Schroeter stated that Mike Viazanko helped him and he was a nice guy. Mr. Cooper said, “Thanks for saying that”. Moved by Cooper, supported by Ervin, to postpone until the meeting of September 8, 2014. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. Ordinance Board of Appeals August 11, 2014 Regular Meeting Page 3 2. G14-0132 Shakir, Hana – 2121 Lindell Road Code Enforcement Officer, Paul Geiger, stated the property owner did comply with the ten foot perimeter that the Board approved. The homeowner has applied for a permit to demolish the house. Pictures were shown at this time. The property owner was not present. Lily Rozkowski, neighbor, was present. Ms. Rozkowski showed pictures. Ms. Roozkowski explained that there is still more growth that needs to be trimmed around the property. Ms. Rozkowski stated that she has caught several critters on her property. Ms. Rozkowski asked the Board not to close this case tonight. Mr. Cooper asked Ms. Gerstenberg where we are with the demolition permit. Ms. Gerstenberg stated that the homeowner pulled a demolition permit. Consumers Energy disconnected the gas line from the house. The contractor dropped off the dumpsters today. He was supposed to start today, but because of the weather he could not. Mr. Cooper stated that the out buildings will be demolished when the house is demolished. Mr. Cooper stated that the property is not cleared as well as he thought it would be and something needs to be done. Ms. Gerstenberg stated that we are all aware that the property is not yet cleaned up. The perimeter has been cleared, so now you can see the out buildings and other issues on the property that we could not see before. This property is not close to being closed. Mr. Cooper stated that is what he wanted to hear. Ms. Gerstenberg stated that the homeowner plans on clearing most of the trees with the demolition. He is going to remove the tree in the front by the power lines. Once the demo is done then we will put another list together to see what needs to be done. Moved by Cooper, supported by Ervin, to postpone until the meeting of September 8, 2014. Yes: Cooper, DiGaetano, Ervin, Hartson, Pitrone No: None. Absent: None. Motion carried. 9. New Business a. G14-0179 Srour, Rita & Fares, George– 2927 Lotus Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Rita Srour and George Fares, owners, were present. Ms. Srour stated that when they received the violation letter they trimmed the front bushes. Mr. Pitrone stated that the corner tree still needs to be trimmed and the property needs to be manicured. Ms. Srour stated that they did not know they had to trim the apple tree. Mr. Pitrone went through the pictures and explained to the homeowners what still needs to be done. Mr. Cooper stated that there are only one or two issues left. Mr. Cooper asked Ms. Srour if they could get the property cleaned up in a week. Ms. Srour stated, “Yes”. Mr. Cooper stated that they can come to city hall when it is open and get clarification from the code enforcement officer on what still needs to be done with the property. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2927 Lotus Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 18, 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. b. G14-0181 Ahmad, Abbas & Fadia – 2165 Newell Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Abbas Ahmad, owner, was present. Mr. Ahmad stated that his property is a rental property. He stated that everything has been done except the chain link fence. There is a small part of the Ordinance Board of Appeals August 11, 2014 Regular Meeting Page 4 fence that needs to be done and it should be done today. Mr. Cooper asked Mr. Ahmad if he could have it done in a week. Mr. Ahmad stated, “Yes”. Moved by Hartson, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2165 Newell Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 18, 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. 12. G14-0190 Joyce, Carol – 42025 Mendel Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Carol Joyce, owner, was present. Ms. Joyce stated that she is going to put mulch down in the front yard. Ms. Joyce asked if the hedges have a height restriction. Mr. Geiger stated that the hedges should be six feet and evenly cut. Ms. Joyce stated that she has more work to do. She asked if she can trim the neighbors’ tree that is encroaching in her yard. Mr. Geiger stated that we get that question often and we can’t give advice. The homeowner should contact an attorney. In general if it is encroaching into your property you can probably cut it if you do not kill it. We are not giving permission to do that. It is up to the homeowner and should be discussed by the homeowners. Mr. Cooper asked Ms. Joyce if this could be done in a week. Ms. Joyce stated she can get it done, if her neighbor can do it. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42025 Mendel Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 18, 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. c. G14-0191 Kryza, Raymond H. Trust – 39834 Baker Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Al Kryza, owner, was present. Ms. Kryza stated that she started to pull weeds and needs a few more weeks. She does not know how to get the weeds out. Mr. Cooper asked Ms. Kryza if she lives at the house. Ms. Kryza stated, “Yes”. The house was her fathers and she has lived there her whole life. Mr. Cooper stated that the property has been in front of the Board in 2009 and 2013. He wants to know why the property has gotten so bad. Ms. Kryza stated that she neglects her yard work. She maintains her lawn but not the landscaping. Mr. Ervin explained to Ms. Kryza that this was a complaint and you might want to get a service to help you because this is unacceptable. Ms. Kryza asked the Board for a few weeks. Mr. Cooper stated that this property is a two time repeat offender and the property has not been maintained all summer. The property needs to be cleaned up. Moved by Cooper, 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: None. Motion carried. Ordinance Board of Appeals August 11, 2014 Regular Meeting Page 5 d. G14-0192 Lannoo, George & Alice – 40614 Colony Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Repair/paint garage and remove dead tree branches need to be added to the agenda statement. Pictures were shown at this time. No property owner was present. Melissa Brown, neighbor, was present. Ms. Brown stated that this property is a repeat offender. The grass is never cut and the snow is never shoveled. There are blankets on the inside windows, which are ripped up and have been there for several years. Ms. Brown stated that the owner is not elderly and there are teenagers living in the house. She would appreciate it if the Board could do something. Mr. Pitrone stated that we need to keep monitoring this property. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40614 Colony 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. e. G14-0194 Ganz, Gregory & Maureen – 11301 Newburg Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Gregory Ganz, owner, was present. Mr. Ganz stated that he has hired someone to clean up his property and they should start tomorrow. Once the clean-up is done he plans on putting in new landscaping. Mr. Cooper asked Mr. Ganz if he could have this done in a week. Mr. Ganz stated, “Yes”. Mr. Cooper stated that Mr. Ganz did the right thing by hiring someone to do the work. Mr. Cooper noticed that he is not a repeat offender. Moved by Hartson, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11301 Newburg Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 18, 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. f. G14-0195 Andreas, Andreas – 36317 Maas Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Andreas Andreas, owner, was present. Mr. Andreas stated that he has not lived in the house for a year and he just moved back in. He just received the judgment to get back onto his property. Mr. Cooper stated that he does not have a problem with giving him a week to clean up the property. Mr. Cooper asked Mr. Andreas what he plans to do with the fence. Mr. Andreas stated that he needs to replace the posts and then repair the fence at a later time. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36317 Maas Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 18, 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 Ordinance Board of Appeals August 11, 2014 Regular Meeting Page 6 No: None. Absent: None. Motion carried. 8. Public Participation 11. Adjournment Motion by Cooper, supported by Hartson to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:22 pm Respectfully submitted. John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals