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 10, 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, Juli Sala, Denice Gerstenberg - City Development Director (excused), 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 – G15-0173, G15-0174 G15-0175, G15-0179, G15-0182, G15-0185, G15-0186, G15-0187, G15-0189 & G15-0193 4. Removal of Consent Items to New Business a. Moved item 6 to New Business 9a. G15-0177 Zduniak, Raymond D. – 35609 Impala Drive b. Moved item 7 to New Business 9b. G15-0178 Seminole Real Estate, LLC– 36680 Seminole Court c. Moved item 10 to New Business 9c. G15-0181 Setto, Mikdad & Otoor – 2215 Edgestone Drive d. Moved item 19 to New Business 9d. G15-0190 Rudgate Village SPE, LLC – 5150 Rudgate Boulevard 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 27, 2015, as presented. 2. G15-0176 Lucido, Dominic Jr & Sharon – 13250 Grand Haven Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13250 Grand Haven 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. G15-0180 El-Haj, Nasser & Younes, Hassana – 3555 Du Pon Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3555 Du Pon 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. G15-0183 Dallo, Salah – 37301 Evergreen Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37301 Evergreen 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. G15-0184 Zaky, Ez– 37480 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37480 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. Ordinance Board of Appeals August 10, 2015 Regular Meeting Page 2 6. G15-0188 Federal Home Loan Mortgage Corp. – 40871 Hayes Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 40871 Hayes 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. G15-0191 East Blue Water LLC – 13556 Woodland Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 13556 Woodland 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. 8. G15-0194 Razzaq, Nathon – 13321 Westminister Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13321 Westminister 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. G15-0195 Kargula, Steven E. – 2097 Elmcrest Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2097 Elmcrest 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. Public Hearing 8. Old Business 9. New Business a. G15-0177 Zduniak, Raymond D. – 35609 Impala Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Raymond Zduniak, owner, was present. Mr. Zduniak stated that he can’t paint the trim himself and he is having a hard time finding a contractor to do the work. Mr. Pitrone asked how much time he needs. Mr. Zduniak stated that he did not know. Mr. Pitrone stated that they need a time frame. Moved by DiGaetano, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 35609 Impala 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, Sala No: Jiles. Absent: None. Motion carried. b. G15-0178 Seminole Real Estate, LLC– 36680 Seminole Court 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 sent an email regarding his property. Mr. Pitrone summarized the email. The owner has a pool company lined up to do the work. He has a company to do the grass and weeds. The grass will be cut every week and weeds will be pulled every week. He needs two weeks to remove the pool. Mr. Ervin asked Mr. Geiger if the property owner secured a permit for the pool. Mr. Geiger stated that he was not sure. Mr. Pitrone stated that the property owner stated in his email that he has pulled a permit and the work will be done in two weeks. Ordinance Board of Appeals August 10, 2015 Regular Meeting Page 3 Moved by Ervin, supported by DiGaetano, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36680 Seminole Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 24, 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, Sala No: None. Absent: None. Motion carried. c. G15-0181 Setto, Mikdad & Otoor – 2215 Edgestone 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. Angelia Setto, owner’s daughter, was present. Ms. Setto stated that her parents do not speak English. They are losing the house that they have lived in for sixteen years. Her father has no income and can’t put a new roof on a house that they are losing. Moved by Jiles, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2215 Edgestone 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, Sala No: None. Absent: None. Motion carried. d. G15-0190 Rudgate Village SPE, LLC – 5150 Rudgate Boulevard Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Mr. Geiger stated a permit was pulled on 8-7-15. No work has been started as of today. Pictures were shown at this time. Danielle Mclone, property manager, was present. Ms. Mclone stated that Sun Communities bought Rudgate Manor in 2012 and they did several upgrades to the property. Ms. Mclone received the notice in May and she has had a hard time finding a contractor to do the work. Ms. Mclone has a contractor that will have it completed in about two weeks. They have to remove the trees first. Mr. Ervin asked how much time Ms. Mclone needs. Ms. Mclone stated she needs two weeks. Moved by Ervin, supported by Jiles, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5150 Rudgate Boulevard and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding after August 24, 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, Sala No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by Ervin, supported by Jiles to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:30 pm Respectfully submitted. John Pitrone Joseph DiGaetano Ordinance Board of Appeals August 10, 2015 Regular Meeting Page 4 John Pitrone, Chairman Joseph DiGaetano, Secretary Ordinance Board of Appeals Ordinance Board of Appeals