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 25, 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 (excused), 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 – G14-0215 & G14-0222 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G14-0212 Hermez, Jony/Hermez, Roni/ Toma, Diana/Cora, Raad–34781 Ryan Road b. Moved item 6 to New Business 9b. G14-0216 Licus, John – 34373 Dryden Drive c. Moved item 9 to New Business 9c. G14-0219 Owens, Martin Christopher – 33284 Somerset Drive d. Moved item 11 to New Business 9d. G14-0221 Bakowski, Richard – 37852 Lola 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 August 11, 2014, as presented. 2. G14-0213 Malik, Mohammed – 2233 Serra Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2233 Serra 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. G14-0214 Federal Home Loan Mortgage Corp. – 33232 Viceroy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33232 Viceroy 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. G14-0217 Polos, Salah – 13762 Heritage Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 13762 Heritage 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. 5. G14-0218 Fifth Third Bank c/o Managed Properties, LLC – 35000 Moravian Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35000 Moravian 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 August 25, 2014 Regular Meeting Page 2 6. G14-0220 Edwards, John– 37116 Alper Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37116 Alper 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. G14-0223 JP Morgan Chase Bank, N.A. – 13179 Kozak Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13179 Kozak 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. G14-0224 Chischke, Lillian & Harold E. – 11038 Clinton River Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11038 Clinton River 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. G14-0225 Ocwen Loan Servicing, LLC – 43569 Sunnypoint Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43569 Sunnypoint 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 a. G14-0210 Malmgren, Dianne – 37635 Palmer Woods Blvd Concrete Variance- Homeowner is appealing requirement of sidewalk. This is a new construction home in an established subdivision where there are no sidewalks at any residences. Dianne Malmgren, owner, was present. Ms. Malmgren stated that she is building a new home and all the properties on the street do not have sidewalks. Mr. Cooper stated that he drove down the gravel street yesterday and there are no sidewalks on the street. He has no problem with granting the variance. Mr. Cooper stated that if the city deems it necessary to put a sidewalk in, the homeowner will need to install it at her own cost. Moved by Cooper, supported by Ervin, RESOLVED, to approve case G14-0210 at 37635 Palmer Woods Blvd with the following conditions: 1 – that the petitioner agrees to abide by and comply with all applicable rules and regulations and orders of every lawful agency or governing authority having jurisdiction, 2 – that the decision of the board will remain valid and in force only as long as the facts and information presented to the board in public hearing are found to be correct and that the conditions upon which the motion is based are maintained as presented to the board, 3 – the petitioner requires that the owner of the property agree that if and when the City deems it necessary to require the installation of subject concrete work, the owner of the property will install the required concrete work promptly at his own expense or will be subject to a special assessment in an amount sufficient to cover the cost of such installation by the City. 8. Old Business 9. New Business a. G14-0212 Hermez, Jony/Hermez, Roni/ Toma, Diana/Cora, Raad – 34781 Ryan Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Eleet Hanna, owner, was present. Mr. Hanna stated that he agrees with the presentation of the property. He hired a contractor to do the work. He was not happy with the contractors work so he fired him. He is getting a new contractor. Mr. Cooper asked if Mr. Hanna could have the property cleaned up within a week. Mr. Hanna said, “Yes.” Ordinance Board of Appeals August 25, 2014 Regular Meeting Page 3 Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34781 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 September 1, 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, Pitrone No: None. Absent: Hartson. Motion carried. b. G14-0216 Licus, John – 34373 Dryden Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Linda Licus, wife of owner, was present. Ms. Licus stated that the home is vacant and they are fixing it up to sell it. Ms. Licus stated John is up north working on a project and can’t be reached. Ms. Licus will be going up north this weekend to inform her husband about the property. Ms. Licus stated that they can work on the outside of the property but can’t do anything about the awnings because they do not have a key. She is asking the Board for an extension. Mr. Cooper stated that Mr. Licus bought the property in 2010 and the property has been in front of this Board three times. Mr. Cooper is not in favor of an extension. John Licus, son, was present. He told the Board that his dad had a massive heart attack and does not care about taking care of the property. He stated that he does not appreciate the way the Board is talking to his mom and they owe her an apology. Mr. Licus stated that they do their best. They will let John know about the property, but right now there is no way of getting a hold of him. Mr. Cooper asked Mr. Licus if there is a reason that he has not kept up the house. Mr. Licus stated that it is not his responsibility. Mr. Cooper stated that the property has been owned for four years. The property has been in front of the Board three times. He has been working on the inside of the property. He should have been working on the outside of the property to make the neighborhood look good. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34373 Dryden 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, Pitrone No: None. Absent: Hartson. Motion carried. c. G14-0219 Owens, Martin Christopher – 33284 Somerset Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Chris Owens, owner, was present. Mr. Owens stated that he has a vacation coming up and needs an extension until September 16, 2014 to get it all done. Mr. Cooper asked Mr. Owens if he can get it done in a week. Mr. Owens stated that he works at GM and is working about eighty hours a week. His vacation is the first two weeks of September. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33284 Somerset 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 15, 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: DiGaetano, Ervin, Pitrone No: Cooper. Absent: Hartson. Motion carried. Ordinance Board of Appeals August 25, 2014 Regular Meeting Page 4 d. G14-0221 Bakowski, Richard – 37852 Lola Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Richard Bakowski, owner, was present. Mr. Bakowski informed the Board that he is an environmentalist. He tries to keep his place natural. He trims what needs to be trimmed. He enjoys looking at his property. He trims his yard with hand tools. His truck is broken down. Mr. Pitrone stated that the problem is that the property is not to city code. Mr. Bakowski stated that he is the only guy with a lot of vegetation. Behind his house is a gigantic wooded lot. He goes in back yard to see mother earth. Mr. Cooper asked him if he has any plans to trim up his property. Mr. Bakowski stated that he started trimming up the property. Mr. Cooper stated if the trees are properly trimmed up, they will be healthier. Mr. Cooper asked Mr. Bakowski if he could have the property trimmed up in a week. Mr. Bakowski stated he could trim the trees up. Mr. Pitrone told Mr. Bakowski that he will be happier if he trims his property instead of the city contractor trimming it. Mr. DiGaetano recommended that he work with the code enforcement officer and go over the city code. Mr. Bakowski stated that his neighbor tolerates his walnut trees draping over his property line. Mr. Pitrone stated that there is a lot of trimming that needs to be done and he would be in favor of giving him two weeks. Mr. Ervin recommended that the home chore program might be able to help Mr. Bakowski out. Mr. Ervin stated that only having hand tools to trim the property is a lot of work. If Mr. Bakowski has help than he can supervise them to try to make it more civilized for the rest of the neighborhood. Mr. Bakowski stated that the neighbors don’t say anything they just put up with him. Mr. Ervin asked Mr. Geiger if this was a complaint. Mr. Geiger stated that there have been numerous complaints throughout the years. Mr. Pitrone asked if he can trim his property up in two weeks. Mr. Bakowski said, “Yes.” Moved by Cooper, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37852 Lola 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 10, 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, Pitrone No: None. Absent: Hartson. Motion carried 8. Public Participation 11. Adjournment Motion by Ervin, supported by Cooper to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:45 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals