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 13, 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 – 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 – G15-0124, G15-0125 G15-0129, G15-0130, G15-0131, G15-0132, G15-0135, G15-0137, G15-0141, G15-0144 & G15- 0148 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G15-0123 Kunz, June & Hotz, Alan.– 2767 Pall Mall Drive b. Moved item 6 to New Business 9b. G15-0126 Ifrim, Silvia& Filimon, Nicolae –13338 Kozak Drive c. Moved item 7 to New Business 9c. G15-0127 Dionisi, Silvio&Patricia&Fannie Mae–36809 Manning Court d. Moved item 8 to New Business 9d. G15-0128 Gejou, Fikry – 35342 Wright Circle e. Moved item 13 to New Business 9e. G15-0133 Yousif, Faik & Michael– 34017 Curcio Drive f. Moved item 14 to New Business 9f. G15-0134 Avenue Invest, LLC – 8200 Fifteen Mile Road g. Moved item 16 to New Business 9g. G15-0136 Chaudhury, Golan & Aziza – 4237 Gunther Drive h. Moved item 19 to New Business 9h. G15-0139 Fannie Mae – 8777 Eighteen Mile Road i. Moved item 25 to New Business 9i. G15-0145 Benyamin, Faiz & Shakir, Hana – 5528 Nathan East j. Moved item 27 to New Business 9j. G15-0147 Eldorado Development Inc. –13490 Woodland Court 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 Jiles, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of June 22, 2015, as presented. 2. G15-0122 Dentry, Elizabeth – 2143 Koper Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2143 Koper 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. G15-0138 Alba, Arthur & Mina – 5277 Peekskill Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5277 Peekskill 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. G15-0140 Turner, Myralyn L. – 13620 Grove Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13620 Grove Park 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. G15-0142 Leslie, Scott & Elizabeth – 12775 Beresford Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12775 Beresford 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 Ordinance Board of Appeals July 13, 2015 Regular Meeting Page 2 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. 6. G15-0143 Chaffin, S & K/Michael, S – 39361 Millington Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39361 Millington 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. G15-0146 JP Morgan Chase Bank, N.A. – 8324 San Marco Blvd RESOLVED, to declare that a public nuisance exists on the property commonly known as 8324 San Marco Blvd 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. G15-0149 Pierson, Keith W. – 43444 Fortner Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43444 Fortner 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. G15-0150 Z & A Holdings, LLC – 43401 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 43401 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. Public Hearing 8. Old Business a. 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. Denice Gerstenberg gave the Board an update. She stated that the Board postponed the case in hopes that the homeowner would work with the city. No contact has been made from the owner and nothing has been done to the property. Code enforcement has attempted to contact the homeowner by knocking on his door. The property owner was not present. Susan Nairn, neighbor, was present. Ms. Nairn stated that this property has been a mess for years and she doesn’t understand why the city cares now. She stated that the city should give him a break. Mr. Geiger stated that the city received a complaint on the property and the city has to respond to it. Mr. Pitrone stated that the Board already heard this case last month and gave the homeowner time to work with the city. There are lots of violations and the city can‘t just let it go. Moved by Jiles, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33625 Curcio 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: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. Ordinance Board of Appeals July 13, 2015 Regular Meeting Page 3 9. New Business a. G15-0123 Kunz, June & Hotz, Alan.– 2767 Pall Mall Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. June Kunz, owner, was present. Ms. Kunz stated that the home is vacant and not taken care of. She stated that they live in Missouri and came to Michigan once they were aware of the violations. They have been working on the property and they will have it all done by tomorrow. Ms. Gerstenberg asked Ms. Kunz if the house is going to remain vacant. Ms. Kunz stated that they are going to sell it. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2767 Pall Mall Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after July 20, 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. G15-0126 Ifrim, Silvia & Filimon, Nicolae – 13338 Kozak Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Sherry Hebert, tenant, was present. Ms. Hebert stated that the city is sending the violations to the property address and it is being returned back to the city. The property owner would be the one in charge of fixing the violation and she does not have a way to get a hold of them. There is a property management company. Ms. Hebert travels a lot and is only getting the notices that are taped to the door. Ms. Gerstenberg stated that it is the responsibility of the property owner to supply a correct address to the city. The only address the city has for this property is the Kozak address. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13338 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. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. c. G15-0127 Dionisi, Silvio & Patricia & Fannie Mae– 36809 Manning Court 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. His son was present. The son stated that he needs two weeks to clean the property up. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36809 Manning Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after July 20, 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. d. G15-0128 Gejou, Fikry – 35342 Wright Circle Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Ordinance Board of Appeals July 13, 2015 Regular Meeting Page 4 Fikry Gejou, owner, was present. Mr. Gejou stated that the property is a rental property. He will have the property cleaned up in a day or two. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 35342 Wright Circle and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after July 20, 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. e. G15-0133 Yousif, Faik & Michael– 34017 Curcio Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Outdoor storage and bag at curb need to be added to the agenda statement. Pictures were shown at this time. The property owner was not present. Sue Nairn, neighbor, was present. Ms. Nairn stated that the property is a rental property. The grass is always long and the owner doesn’t take care of his property. Ms. Nairn wants the owner to be accountable for his property and thinks the city should fine him. Mr. Geiger stated that the code enforcement officer does a great job in that area. People who do not clean up their property are fined Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34017 Curcio 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: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. f. G15-0134 Avenue Invest, LLC – 8200 Fifteen Mile Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Angelo Kiroski, owner, was present. Mr. Kiroski stated that the property does not look like the pictures. He hired a contractor to clean everything up. Mr. Geiger restated that as of today there were no changes to the property. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8200 Fifteen Mile 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. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. g. G15-0136 Chaudhury, Golan & Aziza – 4237 Gunther Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Golan Chaudhury, owner, was present. Mr. Chaudhury stated that he is having financial problems and the bank is taking the property back. Siad Hoff, realtor, was present. Mr. Hoff stated that the property is under a short sale and they are waiting on the lender to approve it. The new buyer is aware that the roof needs to be fixed immediately. Mr. Hoff stated that he needs sixty days. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists Ordinance Board of Appeals July 13, 2015 Regular Meeting Page 5 on the property commonly known as 4237 Gunther 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 14, 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. h. G15-0139 Fannie Mae – 8777 Eighteen Mile Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Dr. Steve Naumovski, owner, was present. Mr. Naumovski stated that he has leukemia and is in federal court with the bank on the foreclosure of his property. His property is on two acres. Some of the areas of his property are hard to get to because it is a wetland and the neighbor floods out his yard. The pictures are not weeds they are fruits and herbs. Mr. Naumovski stated that he files taxes as a farming land. He has maintained his property to the best of his ability. Gutters are not required to have. The job is not complete on his property. One corner of the lot is a sanctuary. Mr. Pitrone stated that Mr. Naumovski is not the owner of the property. The property has been foreclosed on and gutters are required by the building code. Gary Blake, neighbor, was present. He brought in a medical plant that is growing in Mr. Naumovski yard. He stated that it is a common weed that grows in ditches. He stated that his property is not interfering with Mr. Naumovski property. The city has allowed these weeds to grow in his yard for years and they need to be gone. Paul Smith, resident, was present. Mr. Smith stated that he has lived in the city for a long time. Some of the old roads in the city date back to the township days before there were building codes. Eighteen Mile Road is a county road. He stated that these properties were built before the codes. He called it the grandfather clause. These properties can’t be brought up to code. Mr. Smith stated that there is nothing that can be done to Mr. Naumovski property because his property was built in 1949 and should be grandfathered in. Mr. DiGaetano asked Ms. Gerstenberg for clarification when a home is not subject to the city code regulations. Ms. Gerstenberg stated that there were homes that were built many years ago that were under a different building code than today. When those homes make improvements they are required to be brought up to our current codes. The items that we are discussing about this property are property maintenance issues and have nothing to do with the building codes. Nuisance growth, debris in the yard, gutters in disrepair and removing growth from the gutters are not building code issues, but property code issues. The code would apply to this property as it is now. Mr. DiGaetano asked if Mr. Naumovski could get help from the Shine program. Ms. Gerstenberg stated that there are two clean-ups a year, in the spring and fall. This property has had numerous complaints and has been to the board several times. Moved by Jiles, supported by Pitrone, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8777 Eighteen Mile 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. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. i. G15-0145 Benyamin, Faiz & Shakir, Hana – 5528 Nathan East Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property and the permits for this home are expired. Add grading property to agenda statement. Pictures were shown at this time. Hana Shakir, owner, was present. Al Karana, representative for homeowner, was present. Mr. Ordinance Board of Appeals July 13, 2015 Regular Meeting Page 6 Karana stated that the property is cleaned up and in a month the property will be graded. He will put up the address tomorrow. Mr. Geiger stated that they need to contact the city about reinstating the permits. Moved by Ervin, supported by Pitrone, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5528 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. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. j. G15-0147 Eldorado Development Inc. – 13490 Woodland Court Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Mr. Geiger stated that the city had Heidi Densmore from Mike’s Tree Surgeon in Troy evaluate the trees. In her report she stated that there are 3 large cottonwood trees along the property line and the trees should be removed. The damage that appears on these trees makes them more hazardous and as a safety precaution she recommends removing them within the year. Pictures were shown at this time. Gary Gula, owner, was present. Mr. Gula asked the question what makes the trees dangerous. He had Davey Tree Service go out and evaluate the trees. They stated that the 3 cottonwoods are in excellent condition and have no visible signs of construction damage, deadwood or weak branch structure and as of now there is no need to be removed. He received information from Craig regarding the cottonwood tree having lightning damage. Mr. Gula stated that his tree expert said there was lightning damage years ago but the tree has already started to heal over. Mr. Pitrone looked at Mr. Gula’s report from Davey Tree Service. He stated that the charge was very low and he misspelled a word in his report. Mr. Geiger stated that both tree experts are certified arborists. Heidi Densmore is also a certified ISA Tree Risk Assessment Qualification, which is a separate certification to assess the risk of the trees. Her report is called a hazard tree evaluation. She states that there are three large cottonwoods. It appears that two of them starting from the northeast corner have possibly been struck by lightning, judging from the damage that is evident along the trunks of both trees. The one in the northeastern corner has significant decay occurring where it lost a large stem. Cottonwood trees are generally weak trees to begin with because of their fast growing nature. They are notorious for losing large limbs during storms. The damage that appears on these trees makes them more hazardous. As a safety precaution I would recommend removal within the year. Mr. Gula stated that if his arborist told him they were dangerous trees and they needed to be cut down he would have. It is easy for someone to say the trees need to be cut down and they will charge $4500.00 to take them down. Ms. Gerstenberg pointed out that the hazard tree evaluation by Heidi was a cost to the city of $125.00. The estimate of $4500.00 is an estimate that she is suggesting that may be a price to remove the trees. The city is not hiring any one at this time to remove the trees. She is providing the price to give us an idea of how much it would cost. Mr. Ervin stated that these three trees are within striking distance of the house. Mr. Gula is not concerned that these trees will fall down because he has a report stating otherwise. Mr. Gula was upset about the neighbors filing a complaint with the city about the trees. He stated that they are trying to make the builder pay for the removal. Mr. Geiger stated that the trees are a hazard to other houses. Mr. Pitrone stated that the city did the right thing regarding this complaint. The city can’t disregard the tree report. Mr. Gula suggested that they get another report since they are disregarding his tree expert. Mr. Pitrone stated that Mr. Gula’s tree expert wrote one sentence and charged a dollar and doesn’t have as much qualifications as Heidi at Mike’s Tree Surgeon. Mr. Pitrone stated that the city is concerned that people could get hurt from broken limbs and weakened trees. Mr. Gula told the Board he will see them in court. Ms. Jiles asked Mr. Gula how much time he needs. Mr. Gula stated that he wants to have someone else look at the trees so he would need sixty days. Mr. Ervin stated that they are concerned about safety and the houses around the trees. Mr. Gula stated that large trees can fall down at any time. Mr. DiGaetano stated that he would be in favor of giving Mr. Gula sixty days and that the Board can review any analysis of the trees Ordinance Board of Appeals July 13, 2015 Regular Meeting Page 7 conducted by the certified arborist(s) Mr. Gula may hire within that time. The Board can make a determination at the first September meeting. Joyce Dudek, neighbor, was present. She came on behalf of the woman that lives directly behind the trees. Ms. Dudek read a letter to the Board from her. Ms. Dudek stated that the lady could not make it tonight. She wants the Board to know how unsafe she feels as she sleeps in her room because the trees loom over her room. When she is on her deck she is fearful of them falling on her. Ms. Dudek stated that the trees are across from her house and if they fall they could fall on her house. She considers them to be dangerous trees. Moved by DiGaetano, supported by Pitrone, to postpone the case until September 14, 2015. Yes: DiGaetano, Jiles, Pitrone No: Ervin. Absent: None. Motion carried. 10. Public Participation a. Sue Nairn, Sterling Heights resident, thanked the Board for listening to her and being courteous. 11. Adjournment Motion by Ervin, supported by DiGaetano to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 9:15 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals