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 11, 2016 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, Robert Ervin, Juli Sala, Michael Sauger, 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 – G16- 0115, G16-0116, G16-0117, G16-0118, G16-0119, G16-0121 & G16-0122. 4. Removal of Consent Items to New Business a. Moved item 7 to New Business 9a. G16-0120 Lieb, Charles & Lisa Ann – 34321 Brookshire Drive b. Moved item 15 to New Business 9b. G16-0128 Franks, Anthony & Stephanie & Watson, Patricia – 12372 Averill Drive c. Moved item 16 to New Business 9c. G16-0129 Obejenski, Hattie – 11919 Ontario Drive d. Moved item 18 to New Business 9d. G16-0131 Foss, George & Mary – 11467 Silver Drive 5. Approval of Agenda Motion by Ervin, supported by Sala, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Ervin, supported by Sala, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of June 27, 2016, as presented. 2. G16-0123 Scarantino, Mary F. – 13468 Mair Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13468 Mair 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. G16-0124 Batarseh, Maurice – 8820 Balboa Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8820 Balboa 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. G16-0125 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. 5. G16-0126 Sterling Manor, LLC – 39393 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 39393 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 Ordinance Board of Appeals July 11, 2016 Regular Meeting Page 2 abatement incurred by the City, as permitted by the applicable city ordinance. 6. G16-0127 Berishaj, Lule – 39417 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 39417 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. G16-0130 Rumler, Mark & Connie Lou – 43041 Penny Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43041 Penny 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 8. Old Business 9. New Business a. G15-0120 Lieb, Charles & Lisa Ann – 34321 Brookshire Drive Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Dominac Lieb Jr., owner, was present. Mr. Pitrone asked if the gas cans in the green house are in violation. Mr. Willis stated that he did not know for sure. Mr. Lieb stated that he has had three relatives pass away and they inherited their homes. He is a licensed builder and has two workers that help him clean up the houses on a daily basis. Mr. Pitrone asked Mr. Lieb Jr., how much time he needs? Mr. Lieb Jr. stated about six months. Mr. Ervin told Mr. Lieb Jr. that if he puts up a fence he still cannot have outdoor storage. Mr. Lieb Jr., stated that they are working as fast as they can and need six months. Mr. Pitrone stated that of all his years on the Board they have never given 6 months except for painting in the winter. Mr. Sala stated he would be more comfortable with two months. Moved by Sala, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34321 Brookshire 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 12, 2016. 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: Ervin, Pitrone, Sala, Sauger No: None. Absent: None. Motion carried. b. G15-0128 Franks, Anthony & Stephanie & Watson, Patricia – 12372 Averill Drive Code Enforcement Officer, Pat Willis, stated as of today there were no changes to the property. Anthony Franks, owner, was present. Mr. Franks stated that the garage will take him time and he will take down the fence. He needs a month. Mr. Pitrone stated that the boarded windows need to be painted. Moved by Ervin, supported by Sala, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12372 Averill Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 1, 2016. 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: Ervin, Pitrone, Sala, Sauger No: None. Absent: None. Motion carried. Ordinance Board of Appeals July 11, 2016 Regular Meeting Page 3 c. G15-0129 Obejenski, Hattie – 11919 Ontario Drive Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Thomas Scott, owner’s son, was present. Mr. Scott stated that he will move everything. He just needs some time. Mr. Pitrone stated that there are crates in the front yard. Mr. Willis stated that the crates have been removed. Mr. Sauger asked Mr. Scott how much time he needs and that the weeds need to be kept up. Mr. Scott stated one month. Moved by Sauger, supported by Ervin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11919 Ontario Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 12, 2016. 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: Ervin, Pitrone, Sala, Sauger No: None. Absent: None. Motion carried. d. G15-0131 Foss, George & Mary – 11467 Silver Drive Code Enforcement Officer, Pat Willis, stated as of today there were some changes to the property. Kathleen Coraw, owner’s sister, was present. Ms. Coraw stated that this home is her deceased brother’s home. They are selling it and received an offer today. She needs some time to clean up the property and get the shed down. Mr. Pitrone stated that weeds don’t take much to get rid of and she should have the realtor notify the buyer that the shed will be removed. Ms. Coraw stated she needs about a month. Moved by Sala, supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11467 Silver 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 25, 2016 and the shed removal after August 12, 2016. 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: Ervin, Pitrone, Sala, Sauger No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by Ervin, supported by Sala to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:39 pm Respectfully submitted. John Pitrone Juli Sala John Pitrone, Chairman Acting Secretary Ordinance Board of Appeals Ordinance Board of Appeals