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 22, 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 – G14-0256, G14-257, G14-258, G14-262, G14-0267 G14-0268, G14-269, G14-272, G14-273, G14-0277 & G14-0283 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G14-0254 J&J Real Estate Investments, LLC – 33905 Clifton Drive b. Moved item 3 to New Business 9b. G14-0255 Bank of America, N.A.– 2075 Tarry Drive c. Moved item 12 to New Business 9c. G14-0264 Keryakoz, Laith – 11146 Grenada Drive d. Moved item 14 to New Business 9d. G14-0266 Sobh, Hussein & Abbassieh – 34510 Van Dyke e. Moved item 18 to New Business 9e. G14-0270 Beveridge, John J. & Amy A. – 8346 Smethwick Road f. Moved item 19 to New Business 9f. G14-0271 Long, Rin Kim/Sokhom/Borom–8406 Smethwick Road g. Moved item 23 to New Business 9g. G14-0275 GG HanneBauer, LLC – 39004 Early 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 September 8, 2014, as presented. 2. G14-0259 Samuel, Annamma & Thomas, Samuel N. – 40802 Gulliver Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40802 Gulliver 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. G14-0260 Kniga, B & Jerome J. – 37865 Hanson Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37865 Hanson 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. G14-0261 Abdul-Ahad, Thikra & May – 3640 Jennifer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3640 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. 5. G14-0263 Liang, Guang Hui – 14221 Brandywine Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 14221 Brandywine 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. Ordinance Board of Appeals September 22, 2014 Regular Meeting Page 2 6. G14-0265 Federal National Mortgage Assoc. – 34153 Old Forge Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 34153 Old Forge 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. 7. G14-0274 Campbell, Brian & Nation Star Mortgage, LLC – 39405 Atkinson Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39405 Atkinson 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. G14-0276 Fannie Mae – 40652 Firesteel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40652 Firesteel 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. G14-0278 Shabani, Labinot– 4482 Osmond Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 4482 Osmond 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. 10. G14-0279 Hart, Bret A. & Brian R. – 39443 Parklawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39443 Parklawn 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. G14-0280 Wolf, Monica – 39118 Wanda Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 39118 Wanda 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. 12. G14-0281 Hurst, Vaughn/Winters-Hurst, Marcia – 4961 Kebbe Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4961 Kebbe 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. G14-0282 Flagstar Bank, FSB – 11930 Ontario Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11930 Ontario 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 Ordinance Board of Appeals September 22, 2014 Regular Meeting Page 3 9. New Business a. G14-0254 J&J Real Estate Investments, LLC – 33905 Clifton Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Manager of J & J Real Estate Investments, LLC was present. Mr. Pitrone asked the Manager if he can get the property cleaned up. The Manager stated he does not know what the violations are. Mr. Cooper asked him, “Who is responsible to take care of the property?” The Manager stated that the tenant is responsible. Mr. Cooper stated that the property owner is ultimately responsible for the property. Mr. Cooper asked him if he can get the property cleaned up in a week. The Manager stated, “Yes.” Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33905 Clifton 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 29, 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. G14-0255 Bank of America, N.A.– 2075 Tarry Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Property owner was not present. Lilly Rozkowski, resident, was present. Ms. Rozkowski stated that the property looks great compared to what she has lived next to for many weeks. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2075 Tarry 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. c. G14-0264 Keryakoz, Laith – 11146 Grenada Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Gheorghe Halmaghi, brother, was present. Mr. Halmaghi asked to see the pictures again. Mr. Pitrone stated that no outdoor storage is allowed. Mr. Cooper asked Mr. Halmaghi if he can take care of the property within a week. Mr. Halmaghi stated, “Yes.” Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11146 Grenada 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 29, 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. d. G14-0266 Sobh, Hussein & Abbassieh – 34510 Van Dyke Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. The sofa is gone but the trash cans keep being left at the curb. Pictures were shown at this time. Ordinance Board of Appeals September 22, 2014 Regular Meeting Page 4 Abbassieh Sobh, owner, was present. Ms. Sobh stated that there are six tenants at the property. The tenants do not like when the owners give them advice on keeping the property clean. She does not know what else to do. Mr. Cooper stated that when she leaves tonight she can put the trash cans up. Ms. Sobh stated that they will put the trash cans where they belong and keep up on it. Moved by Ervin, supported by Cooper, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34510 Van Dyke and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after September 24, 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. e. G14-0270 Beveridge, John J. & Amy A. – 8346 Smethwick Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Property owner was not present. Lisa Zacharias, neighbor, was present. Ms. Zacharias stated that the property only gets cleaned up once the city gets involved. All summer long she has had to deal with the smell of dog feces and his hedges growing over into her yard. The siding on the house is coming off and there are logs and trees lying on the ground. Mr. Pitrone stated there may be more to this case than just nuisance growth. Moved by Cooper, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8346 Smethwick Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after 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. f. G14-0271 Long, Rin Kim/Sokhom/Borom – 8406 Smethwick Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Borom Long, owner, was present. Mr. Long stated that he is working a lot of hours and is trying his best to clean up. Mr. Cooper asked if he could get the property cleaned up in a week. Mr. Long stated, “Yes.” Moved by Cooper, supported by Hartson, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8406 Smethwick 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 29, 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. g. G14-0275 GG HanneBauer, LLC – 39004 Early Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Mr. Geiger stated that the report from our certified city Arborist states that three trees are dead and need to be removed. Pictures were shown at this time. Property owner was not present. Gary Gulu, developer, has an interest in the property was present. Mr. Gula stated that he received the complaint in May and has asked the code Ordinance Board of Appeals September 22, 2014 Regular Meeting Page 5 enforcement officer to mark the tree. He has a contract with the property but cannot make changes on the property. Mr. Gula is unclear on which trees need to be removed and he needs to get permission from the owner so he will need some time. Mr. Pitrone asked if there are three trees or one tree. Mr. Geiger stated that there are three trees that need to be removed. Jerry Robertson, our certified city Arborist, went out to the property and identified three trees that should be removed. Mr. Geiger explained that if a tree is in the woods and is dead it can be there. In the report Mr. Robertson identifies targets where the tree may fall and hit people or property. The trees should be removed. Mr. Gula does not understand why it is now three trees instead of one tree which was in the original report. Mr. Pitrone explained that the code enforcement officer originally noticed the one tree but he is not a tree expert. Then the city Arborist came out and noticed that there are 3 trees that should be taken down. Mr. Cooper asked for clarification on the address of the property. Mr. Gula stated that this address is the legal description of the property. Mr. Cooper stated that the city Arborist can go mark the three trees that need to be removed. Mr. Cooper asked Mr. Gula how much time he needs to remove the trees. Mr. Gula stated at least six weeks. Mr. Pitrone stated that it is a simple matter to take dangerous trees down but, we need to move quicker than six weeks. Dave Gorski, neighbor, was present. Mr. Gorski stated that in the past the trees from this property have fallen on his property and caused damage. He stated that there are more trees that need to be removed. Mr. Gorski stated that he wants to see these dangerous trees removed so no one gets hurt. Jim Kern, neighbor, was present. Mr. Kern stated that there are more than three trees that need to be removed across five lots. The trees have been there forever but they just started dying a few years ago. Chuck Dudal, neighbor, was present. Mr. Dudal stated that he has paid someone to trim the trees in the past. Mr. Cooper stated that he was concerned about how many dead trees there are and whose property they are on. Mr. Pitrone clarified that the neighbors’ properties back up to the Early property which has trees on the property that are dead and threatening the neighbors’ property. Mr. DiGaetano asked Mr. Geiger how come it took so long to bring this property in front of the Board. Mr. Geiger stated that it took the city Arborist 3 months to give us the report. Mr. Geiger clarified that the city Arborist is very busy. After Dan Sears retired many years ago the city did not have anyone to go to regarding trees. The city is very happy to have an Arborist now. Mr. DiGaetano recommended that the city find a company to do the reports in a timely matter. Mr. Cooper stated that he is unsure of where all the dead trees are in relation to the structures and he does not think it will take a long time to get the city Arborist out to mark all the dead trees. Mr. Cooper does not want to make a motion for Mr. Gula to remove trees that may or may not be on his property if there are other trees out there. He would rather have all the trees marked and removed at the same time. Mr. Cooper stated that he needs more information to make a motion. Mr. Pitrone clarified that the Board knows that there are at least three dead trees on the property which will be marked in a few days and they need to come down. The person we heard from other than the neighbors is not the property owner. We always hold the property owner responsible. The property owner is not here and did not send a representative. In the future we may hear another case regarding more trees. Mr. Pitrone urged someone to make a motion. Mr. Ervin stated that the trees that are taken down do not have to be removed from the property. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39004 Early Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 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: DiGaetano, Ervin, Hartson, Pitrone No: Cooper. Absent: None. Motion carried. 8. Public Participation a. Gary Blake, neighbor, of property address 8777 Eighteen Mile Road which was pulled off of the agenda tonight was present Mr. Blake showed the Board pictures of the property that still has outdoor storage, two dead trees on the property and weeds throughout the property. Mr. Blake is concerned that one of the dead trees may fall on his fence and then his dog might get out and bite someone or get hit by a car. Mr. Blake would like someone to come out and re-inspect the Ordinance Board of Appeals September 22, 2014 Regular Meeting Page 6 property. Ms. Gerstenberg stated that we will send someone out to re-inspect the property. b. Lilly Rozkowski, owner of 2153 Lindell was present. Ms. Rozkowski summarized the past history on property address 2121 Lindell. Ms. Rozkowski showed the Board pictures of the property now. She stated that the grass was getting high. They came out on Friday and cut the grass but they could not get into the back to cut it. The contractor smashed some of the trees on the property and now they are dying. There are weeds growing in the cracks of her fence and a branch has broken her fence. She wants the stumps that are close to her fence cut and ground down, not pulled out with a back hoe. Ms. Rozkowski would like an update on the property. Ms. Gerstenberg stated that she has spoken to this homeowner numerous times and given her numerous updates. The asbestos contractor was out there prior to Labor Day weekend and sent his results to the lab. His results came back after Labor Day and then he had to write a report and send it to the property owner. The property owner does not have email so he has mailed the property owner a report. The property owner has to hire an asbestos contractor to remove the asbestos from the home. The directions are itemized in the report. He has to hire the contractor and once the work is complete the testing company has to come back out and certify that the work has been done according to the correct specifications. He provides the property owner with a clearance letter and after that he can proceed with the demolition. Ms. Rozkowski does not want the property clean up tied into the house demolition and it should be in the second phase of the clean up. c. Dave Gorski, resident stated there is a conservation area on the HanneBauer property. He understands that a conservation area can’t be built on. There are signs up that say conservation area all the way to Clinton River Road. The conservation area was never approved by the city. 11. Adjournment Motion by Cooper, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:34 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals