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 June 8, 2015 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, Joseph DiGaetano – Secretary, Robert Ervin, Kathryn Jiles, Denice Gerstenberg - City Development Director, Paul Geiger - Code Enforcement Officer, Dana Vietto – Recording Secretary 3. Report from City Liaison – Paul Geiger 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 – G15-0061, G15-0070 G15-0073, G15-0074 & G15-076 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G15-0055 Wells Fargo Bank, NA – 35462 Hatherly Place b. Moved item 7 to New Business 9b. G15-0058 Townsend, Barron– 38738 Bronson Drive c. Moved item 12 to New Business 9c. G15-0063 Maniaci, Suzette D. – 35110 Hatherly Place d. Moved item 13 to New Business 9d. G15-0064 De Ranzo, Tony & Ida– 33625 Curcio Drive e. Moved item 14 to New Business 9e. G15-0065 Dugan, Lynn Athena – 33700 Curcio Drive f. Moved item 20 to New Business 9f. G15-0071 Sitkiewicz, J & J – 8865 Alwardt Drive 5. Approval of Agenda Motion by Ervin, supported by Jiles, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Ervin, supported by DiGaetano, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of May 11, 2015, as presented. 2. G15-0053 Federal Home Loan Mortgage & Prime Property Investors – 36751 Chene Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36751 Chene 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. G15-0054 Federal Home Loan Mortgage Corp.– 3723 Grigg Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3723 Grigg 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. G15-0056 Meesseman, Scott & Crystal – 35212 Moravian Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35212 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. 5. G15-0057 Hanko, Nadira – 3562 Alderdale Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3562 Alderdale 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 June 8, 2015 Regular Meeting Page 2 6. G15-0059 J B R Associates, LLC – 36950 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 36950 Dequindre 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. G15-0060 Potrus, Khalid & Francis, Amal – 35752 Dunston Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35752 Dunston 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. G15-0062 Gabrail, Kassan – 3041 Gloucester Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3041 Gloucester 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. G15-0066 Marcus Plaza, LLC – 33120 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33120 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. G15-0067 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. 11. G15-0068 Doroslovac, Stevan/Maria/Ljubomir & US Bank National – 4013 Devonshire Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4013 Devonshire 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. G15-0069 F.R.Z Properties Inc. – 37290 St Joseph Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 37290 St Joseph 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. 13. G15-0072 Mayes, Christine – 5576 Nathan East RESOLVED, to declare that a public nuisance exists on the property commonly known as 5576 Nathan East 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. G15-0075 Citimortgage, Inc. – 8374 Clinton River Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 8374 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. Ordinance Board of Appeals June 8, 2015 Regular Meeting Page 3 7. Public Hearing 8. Old Business 9. New Business a. G15-0055 Wells Fargo Bank, NA – 35462 Hatherly Place 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. Property owner wrote two letters to the Board to ask for more time. Mr. Pitrone stated that the property owner has made good effort to clean up the property and he would be in favor of giving the owner a month to finish cleaning up. Moved by Jiles, supported by Ervin RESOLVED, to declare that a public nuisance exists on the property commonly known as 35462 Hatherly Place and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after June 30, 2015. 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, Jiles, Pitrone No: None. Absent: None. Motion carried. b. G15-0058 Townsend, Barron– 38738 Bronson Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Al Barton, neighbor, was present. Mr. Barton stated that the property has been empty since October 2014. Mr. Barton cut the grass last year and this year the city cut the grass. He is concerned about the water in the basement and he has seen rats and mice entering through the garage door. Mr. Barton stated that this property is bringing down home values. Mr. Pitrone stated that without a court order the city cannot go into the home. The city can only work on the exterior of the property. Ms. Jiles stated that the garage door was not on the agenda statement. Mr. Pitrone stated we need to add the garage door to the agenda statement. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38738 Bronson Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding immediately and add repair garage door. 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, Jiles, Pitrone No: None. Absent: None. Motion carried. c. G15-0063 Maniaci, Suzette D. – 35110 Hatherly Place Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Suzette Maniaci, owner, was present. Ms. Maniaci stated that they have a signed contract to repair the whole roof. Mr. Pitrone stated that the contract was signed on June 4, 2015 and a permit needs to be pulled. Ms. Maniaci stated it should be done by the end of the month. Moved by Ervin, supported by DiGaetano RESOLVED, to declare that a public nuisance exists on the property commonly known as 35110 Hatherly Place and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after June 30, 2015. 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, Jiles, Pitrone No: None. Absent: None. Motion carried. Ordinance Board of Appeals June 8, 2015 Regular Meeting Page 4 d. G15-0064 De Ranzo, Tony & Ida– 33625 Curcio Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Anthony De Ranzo, owner, was present. Mr. Pitrone stated that the front of the house looks great and a lot of what is out there is not allowed. Mr. De Ranzo did not understand why the outdoor storage was not allowed. He stated that everything has a purpose. Mr. De Ranzo stated that he has been living in his house for 46 years and is a World War II veteran. Mr. Pitrone stated that the shed has to be ten feet from the home. Mr. De Ranzo stated that he put brick walls up to hold the water back from his neighbors’ yards. He uses the tires to plant tomato plants so he does not have to bend down. Mr. Pitrone stated that he likes Mr. De Ranzo but there are a lot of violations that need to be addressed. This Board can only give you an immediate abatement and you will not like that. Mr. Pitrone suggested that he work with the city to clean up his property. Mr. Pitrone told Mr. De Ranzo that he cannot plant tomatoes in tires and he cannot make a fortress to restrain water because water needs to flow naturally. Mr. Pitrone stated that Mr. De Ranzo needs to come in and talk to the city and work something out. Mr. Geiger gave the city phone number to Mr. DeRanzo and his friend. Moved by Ervin, supported by DiGaetano, MOTION, to postpone case # G15-0064 at property address 33625 Curcio Drive until July 13, 2015. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. e. G15-0065 Dugan, Lynn Athena – 33700 Curcio Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Daughter of owner was present. Mother has Alzheimer’s and is in a group home. The daughter asked for two weeks to clean up the property. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33700 Curcio Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after June 22, 2015. 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, Jiles, Pitrone No: None. Absent: None. Motion carried. f. G15-0071 Sitkiewicz, J & J – 8865 Alwardt 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. Property owner wrote a letter to the Board asking for more time. Mr. Pitrone stated that after seeing the pictures he does not think two weeks is going to help. Ms. Jiles stated that the property owner has moved some stuff and giving her some time to clean up will reduce some of the cost, if the city contractor has to clean up the property. Mr. Pitrone stated that he would support an immediate abatement or give a week. There is a lot of work to be done. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8865 Alwardt Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this after June 22, 2015. 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, Jiles, Pitrone No: None. Absent: None. Motion carried. Ordinance Board of Appeals June 8, 2015 Regular Meeting Page 5 10. Public Participation a. Joe Judnick was present. Mr. Judnick stated that he is a 38-year resident of the city. He stated that he had to come down here today to compliment Mr. Pitrone on being a super guy and today he showed how compassionate he is and the Board too. Mr. Pitrone said, “Thank You.” Mr. Judnick hopes that the city and the administration can work something out with the resident, Anthony De Ranzo. 11. Adjournment Motion by Ervin, supported by Jiles to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:05 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals