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 27, 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, Pat Willis - 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 – G15-0154, G15-0156 G15-0157, G15-0161, G15-0167, G15-0170 & G15-0172 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G15-0153 Abey, Elizabeth (Trust)–12966 Metropolitan Parkway b. Moved item 4 to New Business 9b. G15-0155 Kattula, Munther – 2055 Edgestone Drive c. Moved item 7 to New Business 9c. G15-0158 Lattof, Ausama & Samer M.– 43283 Rhineland Drive d. Moved item 15 to New Business 9d. G15-0166 Singh, Digvijay & Kaur, Parveen –40358 Alexandria Drive e. Moved item 20 toNew Business 9e. G15-0171 Schuster, Mathias – 11198 Canal Road 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 July 13, 2015, as presented. 2. G15-0159 Hammou, Salam – 33754 Kennedy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33754 Kennedy 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. G15-0160 Menefee, Richard A. & Ann M. – 34188 Koch Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 34188 Koch 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. 4. G15-0162 Desmond, Jane M. (Trust) – 14219 Wedgewood Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 14219 Wedgewood 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. G15-0163 Bank of America, N.A. c/o Trott & Trott, P.C. – 12086 Amber Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 12086 Amber 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. Ordinance Board of Appeals July 27, 2015 Regular Meeting Page 2 6. G15-0164 Demesa, Rommel & Aileen & Equicredit Corp of America– 37040 Hacker Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37040 Hacker 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. G15-0165 Hinkley, James & Linda – 11050 Seventeen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11050 Seventeen 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. 8. G15-0168 Lakeview Loan Servicing, LLC – 39743 Byers Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39743 Byers 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. G15-0169 Lannoo, George & Alice – 40614 Colony Drive 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. 7. Public Hearing a. G15-0151 Khami, Neil – 42555 Jo-Ed Drive Concrete variance - requesting Board approval not to install a sidewalk. Neil Khami, owner, was present. Mr. Khami stated that he is building a new house and the entire street doesn’t have sidewalks. It wouldn’t look right if he had to install a sidewalk. Mr. Pitrone wanted to make sure that Mr. Khami understood that if the city deems it necessary to install a sidewalk in the future he would be responsible to do so. Mr. Khami stated that he understood. Moved by Ervin, supported by DiGaetano, RESOLVED, to approve case G15-0151 at 42555 Jo-Ed Drive 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 . Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. b. G15-0152 Khami, Neil – 5530 Branch Street Concrete variance- requesting Board approval not to install a sidewalk. Neil Khami, owner, was present. Mr. Khami stated that he is building a new house and the entire street doesn’t have sidewalks. It wouldn’t look right if he had to install a sidewalk. Mr. Pitrone wanted to make sure that Mr. Khami understood that if the city deems it necessary to install a sidewalk in the future he would be responsible to do so. Mr. Khami stated that he understood. Ordinance Board of Appeals July 27, 2015 Regular Meeting Page 3 Moved by Jiles, supported by Ervin, RESOLVED, to approve case G15-0152 at 5530 Branch Street 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. Yes: DiGaetano, Ervin, Jiles, Pitrone No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G15-0153 Abey, Elizabeth (Trust) – 12966 Metropolitan Parkway Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Nuisance growth in driveway cracks and repair cupola needs to be added to the agenda statement. Pictures were shown at this time. Richard Abey, son of owner, was present. Mr. Abey stated that his mom is in a nursing home. He can only work on her home on the weekends and needs thirty days to clean up the property. Mr. DiGaetano stated that thirty days is too long and he would be in favor of two weeks. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12966 Metropolitan Parkway and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 17, 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. G15-0155 Kattula, Munther – 2055 Edgestone Drive Code Enforcement Officer, Pat Willis, stated as of today there were no changes to the property. Pictures were shown at this time. Munther Kattula, owner, was present. Mr. Kattula stated that he needs more time. He already did the roof last year. He doesn’t have the money right now. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2055 Edgestone 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 7, 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. c. G15-0158 Lattof, Ausama & Samer M.– 43283 Rhineland Drive Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Garage door in disrepair needs to be added to the agenda statement. Pictures were shown at this time. Property owner was not present. Emad Alei Hussein Aldujaili, owner’s uncle, was present. Mr. Aldujaili stated that the owner is out of the country. Mr. Aldujaili stated that he fixed the garage door, removed some weeds and removed the dead tree. He needs a contractor to fix the bricks. Mr. Willis stated that the dead tree is not removed. Mr. Aldujaili stated that the tree might belong to the neighbor. Mr. Pitrone stated that the tree belongs to this property. Leo Virga, neighbor, was present. Mr. Virga stated that the property is a mess. The homeowners will not comply with the homeowners association rules. There are people coming Ordinance Board of Appeals July 27, 2015 Regular Meeting Page 4 and going all the time. Mr. Virga stated that the people at this property should be investigated. Mr. Virga thanked the Board for the job that everyone does in Sterling Heights. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43283 Rhineland 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, Pitrone No: Jiles. Absent: None. Motion carried. d. G15-0166 Singh, Digvijay & Kaur, Parveen – 40358 Alexandria Drive Code Enforcement Officer, Pat Willis, stated as of today there were no changes to the property. Pictures were shown at this time. Property owner was not present. Pete Russo, neighbor, was present. Mr. Russo stated that he has lived here for twenty-nine years and the trees at this property have never been trimmed. He stated that the tree is a disaster and needs to come down. Mr. Russo asked if the Board could have the property owner trim all the trees on his property. Mr. Pitrone stated that would be another violation and can’t be done at this meeting Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40358 Alexandria 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. e. G15-0171 Schuster, Mathias – 11198 Canal Road Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Pictures were shown at this time. The property owner is deceased. Sandra Wolf, daughter, was present. Ms. Wolf stated that she lives in Armada and her daughter lives at the house. The daughter stated that they weed whipped all the weeds down and the back bush is a mulberry bush that produces fruit. Pat Willis stated as of this morning some nuisance growth was taken care of but not all of it. The daughter stated everything was complete. Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11198 Canal 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. 10. Public Participation 11. Adjournment Motion by Jiles, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:56 pm Respectfully submitted. John Pitrone Joseph DiGaetano John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals July 27, 2015 Regular Meeting Page 5 Ordinance Board of Appeals Ordinance Board of Appeals