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 August 14, 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 (excused), Juli Sala – Secretary, Robert Ervin, Benjamin McMartin, Paul Zdzieblowski, Michael Stickney, Denice Gerstenberg City Development Director, Paul Geiger - Code Enforcement Officer, Dana Vietto – Recording Secretary 3. Report from City Liaison 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- 0150, G17-0151, G17-0157, G17-0158, G17-0161, G17-0163, G17-0164, G17-0165, G17- 0166, G17-0167, G17-0172, G17-0173 & G17-0174. 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G17-0153 Nalichowski, Bronislaw – 2543 Tiverton Drive b. Moved item 7 to New Business 9b. G17-0155 Popyk, Anne – 5026 Corey Court c. Moved item 11 to New Business 9c. G17-0159 8100 Fifteen Mile LLC – 8100 Fifteen Mile Road d. Moved item 20 to New Business 9d. G17-0168 Kata, John Jr. & V. – 39355 Marne Avenue e. Moved item 21 to New Business 9e. G17-0169 HGO LLC – 39675 Parklawn Drive f. Moved item 27 to New Business 9f. G17-0175 Gravitt, Bryan – 43041 Hartwick Drive g. Moved item 29 to New Business 9g. G17-0177 Halabrin, John Jr. – 3601 Leason Road h. Moved item 30 to New Business 9h. G17-0178 Goriyo, Rani – 3418 Marc Drive i. Moved item 31 to New Business 9i. G17-0179 American & Import Auto Parts Inc. – 6699 Metropolitan Parkway 5. Approval of Agenda Motion by McMartin, supported by Zdzieblowski, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by McMartin, supported by Zdzieblowski, RESOLVED, to approve the Consent Agenda as amended: 1. Approval of the Minutes Regular Meeting of July 24, 2017 2. G17-0152 Doherty, Kevin Daniel – 43105 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 43105 Mound 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. 3. G17-0154 Lazar, James – 5231 Botsford Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 5231 Botsford 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. G17-0156 De Ranzo, Tony – 33625 Curcio Drive 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. Ordinance Board of Appeals August 14, 2017 Regular Meeting Page 2 5. G17-0160 Schmitt, Michael J. – 11166 Forrer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11166 Forrer 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. 6. G17-0162 Nouri, Labeed – 5265 Mansfield Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 5265 Mansfield 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. 7. G17-0170 Kajy, Mazen & Ghayda – 5314 Provost Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5314 Provost 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. 8. G17-0171 Kit Kit, Inc. c/o Sam Kesto – 39408 Roslyn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39408 Roslyn 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. G17-0176 Bank of America – 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. 10. G17-0180 C & S Precision Products – 6733 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 6733 Metropolitan Parkway 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. G17-0149 Benyamin, Faiz & Shakir, Hana – 5528 Nathan East Concrete Variance - Asking Board approval to not install a sidewalk along Nathan East. The engineer for the project was present. The engineer stated that they didn’t put in a sidewalk and there are no sidewalks in the subdivision. There is a ditch where the sidewalk would go. Mr. McMartin stated that if the City deems it necessary to install a sidewalk it will be at the cost of the occupants. The engineer stated that the property is already occupied. Mr. Sala asked if the homeowners were aware that the engineer was here speaking about the variance. The engineer stated, “Yes.” Mr. Sala stated that the whole street doesn’t have sidewalks. The City has approved these in the past as long as the homeowner understands that if the City deems it necessary to install a sidewalk it will be at the expense of the homeowner. Moved by Sala, supported by Zdzieblowski, RESOLVED, to approve case G17-0149 at Ordinance Board of Appeals August 14, 2017 Regular Meeting Page 3 5528 Nathan East 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. 8. Old Business a. None 9. New Business a. G17-0153 Nalichowski, Bronislaw – 2543 Tiverton Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Homeowners’ son was present. Mr. Nalichowski stated that everything is taken care of. The sheds are removed and he doesn’t understand why they can’t have a garden in the pool. He stated that no one can see it and the walls keep the animals out and the neighbors do not mind. He showed pictures to the Board. Mr. Ervin stated that he has yard debris that needs to be cleaned up. Mr. Sala asked where the sheds are now. Mr. Nalichowski stated they are in the garage. Mr. Zdzieblowski stated that the pool must be removed it is a nuisance if it is not being used as a pool. Mr. Sala asked how much time he needs to remove the pool. Mr. Nalichowski stated that his dad is out of the country and they need a few months. Mr. McMartin stated that they are not willing to give months to remove the pool. He is more concerned about what animals go on the deck and into the pool and live in it. Mr. Zdzieblowski excused himself from the vote. Moved by McMartin, supported by Sala, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2543 Tiverton Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding immediately and after 9-11-17 for the pool. 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, Sala, Stickney No: None. Absent: Pitrone. Excused: Zdzieblowski. Motion carried. b. G17-0155 Popyk, Anne – 5026 Corey Court Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Ernest Popyk, owner, was present. Mr. Popyk stated that he knows he can’t get it done. He has called a contractor and got a bid for August 22nd. Mr. Zdzieblowski asked if the car was operable and plated. Mr. Popyk stated that it is not and he needs to plate it. Mr. Ervin asked if he could put the vehicle in the garage. Mr. Popyk stated, “No.” Mr. Poyk stated that the contractor will level the whole backyard and put sod in. Moved by Stickney, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5026 Corey 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 31, 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, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. Ordinance Board of Appeals August 14, 2017 Regular Meeting Page 4 c. G17-0159 8100 Fifteen Mile LLC – 8100 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. Raj Undgan, owner, was present. Mr. Undgan stated that he has gone back and forth with Horst. He is trying to figure out what approved landscaping plan to use from 1992. Ms. Gerstenberg stated that Horst has met with the property owner at the counter in May regarding the landscaping plan. He is supposed to submit plans to the planning department and there has been no progress. Mr. Undgan stated that he didn’t understand that he needed to submit plans for the property he just bought the property six months ago. Mr. McMartin stated that there already is a landscaping plan and he wants to submit a new plan. Mr. Undgan stated that he can’t get the original plants that are on the landscaping plan so he needs to get a new plan to the City. Mr. Sala stated that he could reach out to the landscaper and they can substitute what can be put in and submit it to the City. That won’t take long. Joe Judnik, resident, was present. Mr. Judnik stated that the property owner wants 60 days and he should only get 15 days. The light post is rusty and he should put a can of paint on it. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8100 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 after September 11, 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, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. d. G17-0168 Kata, John Jr. & V. – 39355 Marne Avenue Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Vickie Kata, owner, was present. Ms. Kata stated that she hired a tree company to remove the debris and they will be back in one week to finish cleaning up. A lot has been done and she is asking for 3 weeks to get it all done. Mr. Sala stated that he doesn’t see an issue with 3 weeks. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39355 Marne Avenue and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after September 5, 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, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. e. G17-0169 HGO LLC – 39675 Parklawn Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Maggie Ing, daughter, was present. Ms. Ing stated that she just drove by the property and they will get it done in a week. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39675 Parklawn 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 21, 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, Sala, Stickney, Zdzieblowski Ordinance Board of Appeals August 14, 2017 Regular Meeting Page 5 No: None. Absent: Pitrone. Motion carried. f. G17-0175 Gravitt, Bryan – 43041 Hartwick Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Bryan Gravitt, owner, was present. Mr. Gravitt stated that he spoke to the code enforcement officer and he just got back into town. He needs one week to get the mulch down and the weeds out. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43041 Hartwick 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 21, 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, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. g. G17-0177 Halabrin, John Jr. – 3601 Leason Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. John Halabrin Jr., owner, was present. Mr. Halabrin Jr. stated that he knows he needs a roof but it is not leaking. He can’t afford a new roof right now he has been laid off since April. He might get called back in October. Ms. Gerstenberg stated that he could reach out to the Community Development Block Grant and send an application and tax returns to Teresa Jarzab. If you get approved the City will put a lien on the property until it is paid off. The timetable depends on how fast the paperwork gets turned in and how many people apply. Mr. Sala asked Mr. Halabrin Jr if he was willing to apply. Mr. Halabrin Jr. stated, “Yes.” Mr. Stickney stated that the Board could postpone the case for 30 days to see if the paperwork gets submitted. Moved by Sala, supported by Stickney, RESOLVED, to postpone meeting to September 11, 2017. Yes: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. h. G17-0178 Goriyo, Rani – 3418 Marc Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Rani Goriyo, owner, was present. Mr. Goriyo stated that they took care of the landscaping. He is not sure on what to do with the pool and the fence. Mr. Geiger stated that it looks like he needs a new fence and a self-latching gate for the pool. Mr. Sala asked if this was his fence. Mr. Geiger stated that it looks like it is his fence. The pool needs a safety cover if it is not being opened. Mr. Goriyo stated that his contractor doesn’t know what needs to be done about the fence. Mr. Geiger stated that in his opinion the fence needs to be removed and a new one put up. Mr. Sauger stated that the nuisance growth needs to be cleaned up on all of the property. Ms. Gerstenberg clarified that all the nuisance growth needs to be cleaned up on the property. He needs a self-latching gate and the fence needs to be replaced. The pool cover needs to be a safety cover. Moved by Zdzieblowski, supported by Sala, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3418 Marc 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 21, 2017 for the nuisance growth and the gate and Ordinance Board of Appeals August 14, 2017 Regular Meeting Page 6 August 29, 2017 for the pool cover and September 14, 2017 for the fence. 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, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. i. G17-0179 American & Import Auto Parts Inc. – 6699 Metropolitan Parkway Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Michael Thompson, owner, was present. Mr. Thompson stated that he bought the property 8 years ago. The fence was there with weeds on it back then and he didn’t know if it was theirs. There is no permit on file with the City. Mr. Geiger stated that no fence is required there. Mr. Stickney asked if him and the neighbor could get together and split the cost to remove it. Mr. Sala asked if the City has no record of the fence then can they bill both owners for it. Chester Rodricky, property owner at 6733 Metropolitan Parkway, was present. Mr. Rodricky stated that the fence belongs to the Borell brothers in 1958 when the City was a Township. He stated that Thompson had it as a junk yard for 4 years illegally. The fence is not on his property. Mr. Rodricky stated that the junkyard is closed and now the new business is a semi-truck repair place. The fence is such a mess it is broken up with rodent holes and full of weeds. Mr. Rodricky asked why he should have to pay for the fence when it is not his. Mr. Sala asked Mr. Rodricky if he objected to the fence being taken down. Mr. Rodricky stated, “Yes.” Mrs. Sala stated that the fence doesn’t have to be there and the property owner at 6699 Metropolitan Parkway can remove it. Ms. Gerstenberg stated that the fence is on 6699 Metropolitan Parkway and no fence is required there. Mr. Sala asked Mr. Thompson if he objected to removing the fence at his cost and how much time did he need. Mr. Thompson stated that he would need a month depending on if the cement needed to be removed and the neighbor doesn’t want him on his property. Mr. Rodricky stated that he can‘t remove the fence without removing the retaining wall too. Mr. Ervin stated that we are not here about a retaining wall, which would be another case. Mr. Geiger stated that he could clean up all the fence and posts in a timely manner and then remove all the blocks. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 6699 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 September 11, 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, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. 10. Public Participation a. Joe Judnik, resident, was present. Mr. Judnik stated that he was here to follow up on the property at 5990 Popular. This is a vacant house on the corner and it is not being maintained. Hopefully this will be on the next month’s agenda. Mr. Judnik showed the Board pictures of the nuisance growth, roof, peeling paint, trees growing in the gutters, deck rotted, fence down, board up windows and garage is in disrepair. 11. Adjournment Motion by Stickney, supported by Sala to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:42 pm Ordinance Board of Appeals August 14, 2017 Regular Meeting Page 7 Respectfully submitted. John Pitrone Juli Sala John Pitrone - Chairman Juli Sala - Secretary Ordinance Board of Appeals Ordinance Board of Appeals