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 June 26, 2017 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 called the meeting to order at 7:00 pm 2. Roll Call John Pitrone – Chairman, Juli Sala – Secretary, Robert Ervin, Benjamin McMartin, Paul Zdzieblowski, 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 – G17- 0082, G17-0086, G17-0087, G17-0088, G17-0089, G17-0092, G17-0094, G17-0095, G17- 0096 & G17-0098. b. Remove the June 12, 2017 minutes under the Consent Agenda as they have not been presented to the Board. They will be put on the next agenda. 4. Removal of Consent Items to New Business a. Moved item 10 to New Business 9a. G17-0090 The Prac Team, LLC – 5450 Nathan East b. Moved item 11 to New Business 9b. G17-0091 Sterling Manor, LLC – 39393 Van Dyke c. Moved item 13 to New Business 9c. G17-0093 Qaqish, Amer – 38836 Century Drive d. Moved item 17 to New Business 9d. G17-0097 Bleecher Revocable Trust – 40341 Lafayette Drive 5. Approval of Agenda Motion by Sala, supported by Ervin, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by McMartin, supported by Ervin, RESOLVED, to approve the Consent Agenda as amended: 1. G17-0083 Detsch Bank National Trust Company – 33927 Brookshire Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33927 Brookshire 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. 2. G17-0084 Taylor, Robert & Maxine & Trademark Properties of MI – 33661 Sebastian Lane RESOLVED, to declare that a public nuisance exists on the property commonly known as 33661 Sebastian Lane 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. G17-0085 Donovan, Thomas M. – 37305 Gregory Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37305 Gregory 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. G17-0099 Shipley, Tom & Carol – 2227 Parliament Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2227 Parliament 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 Ordinance Board of Appeals June 26, 2017 Regular Meeting Page 2 amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. 5. G17-0100 Merriman, Michael C. & Ana – 8881 Ardel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8881 Ardel 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. G16-0239 Ventimigilia, Michele - 12554 Clinton River Road Concrete Variance - Asking Board approval to not install a sidewalk along Eighteen Mile Road No one showed up to present the variance. Moved by McMartin, supported by Ervin, to postpone to the next regular meeting. Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G17-0090 The Prac Team, LLC – 5450 Nathan East Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Andrew Jamoa, family member, was present. Mr. Pitrone stated that the home is a rental property. Mr. Jamoa stated that he spoke to the code enforcement officer. He went to the property but wasn’t sure what to do. Mr. Jamoa stated that his yard is better than his neighbors’ yard and anyone driving by his property doesn’t care about his backyard. They went through the pictures again. Mr. Pitrone stated that all the conditions are still present from 6-14-17. Mr. Pitrone asked Mr. Jamoa when he can have all of it taken care of. Mr. Jamoa stated that he needs to know what needs to be done. Mr. Pitrone stated that they just went through the pictures again. Mr. Pitrone stated that the first inspection was done on 3-6-17 and a few letters were sent out. Moved by McMartin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5450 Nathan East and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 3, 2017. 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, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. b. G17-0091 Sterling Manor, LLC – 39393 Van Dyke Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Syed Taqi, owner, was present. Mr. Taqi stated that he just became the owner two months ago and he did not know that the property by Concentra was his. Mr. Pitrone stated that he needs to kill the weeds and fix the trim. Mr. Taqi stated that the insurance company will have the trim done by Wednesday. Mr. Geiger stated that the code enforcement officer checked with the engineering department and Concentra only owns two feet and the rest is Mr. Taqi property. Mr. Sala asked does the City do anything about the dilapidated parking lot. Mr. Geiger stated that they write it up and then a ticket goes to the court. Mr. Taqi stated that he has two bids for the parking lot. Ordinance Board of Appeals June 26, 2017 Regular Meeting Page 3 Moved by Zdzieblowski, supported by Ervin, 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 after July 3, 2017. 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, McMartin, Pitrone, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. c. G17-0093 Qaqish, Amer – 38836 Century Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Amer Qaqish, owner, was present. Mr. Qaqish stated that the roof is in pretty good condition. The flap over the gutter is cosmetic and there is no issue of water getting in. The shingles slope inside the gutters. Mr. Zdzieblowski stated that the shingles need to be repaired. Mr. Geiger stated that it is visible by ground level that the roof is in disrepair. Mr. Qaqish stated that the roof was replaced in 2010 but he didn’t own it back then. Moved by McMartin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38836 Century 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 3, 2017. 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, McMartin, Pitrone, Sala, Zdzieblowski No: None. Absent: None. Motion carried. d. G17-0097 Bleecher Revocable Trust – 40341 Lafayette Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Paul Bleecher, owner, was present. Mr. Bleecher stated he has owned the property for 16 years. Mr. Pitrone stated that there has been previous Ordinance Board of Appeals on this property in 2014, 2013 and 2012. Mr. Bleecher asked the Board if he can go into the neighbors’ yard to trim and if the trimmings fall on their property can he leave it. He stated that he doesn’t understand. Mr. Pitrone stated that he can’t give him permission to go into his neighbors’ yard. He does need to trim and maintain his own property. Mr. Geiger explained with the pictures what needs to be trimmed. Mr. Pitrone stated that he needs to trim up his property, kill the weeds and reinstall the landscape rings. Mr. Bleecher stated that he will have it done in a week. Zita Rivet, neighbor, was present. Ms. Rivet stated that she is a certified master gardener and the landscaping is not organized landscaping, it is volunteer trees and the shrubs are not maintained. The grass is full of weeds. Jeff and Debra Waterson, neighbors, were present. Mr. Waterson stated that he got on top of his garage and trimmed some of it today. He showed pictures of the overgrown volunteer trees. Ms. Waterson stated that she has been here before and was nice. She is not going to be nice anymore. She stated that she should not have to look at this every day. She stated that she pays taxes and they need to maintain their property. They are getting mice now. Mr. Zdzieblowski asked if they can abate less than a week. Mr. Pitrone stated that the Board can do an immediate abatement. The property has been here several times now. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40341 Lafayette Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding immediatley. 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 26, 2017 Regular Meeting Page 4 Yes: Ervin, McMartin, Pitrone, Sala, Zdzieblowski. No: None. Absent: None. Motion carried. 9. Public Participation 10. Adjournment Motion by McMartin, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:01 pm Respectfully submitted. John Pitrone Juli Sala John Pitrone - Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Appeals