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 September 11, 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. The Board had a moment of silence for 9/11. Mr. Ervin announced that Denice Gerstenberg will be retiring. Mr. Ervin announced that Juli Sala will be leaving the Board in the near future. He wished them well and thanked them for their service. 2. Roll Call John Pitrone – Chairman (excused), Juli Sala – Secretary, Robert Ervin, Benjamin McMartin, Michael Stickney, 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- 0212, G17-0217, G17-0218, G17-0220, G17-0224, G17-0225, G17-0227 & G17-0228. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G17-0211 Maynie, Robert & Brown, Nicole – 13188 Grand Haven Drive 5. Approval of Agenda Motion by Stickney, supported by Zdzieblowski, to approve agenda Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Zdzieblowski, RESOLVED, to approve the Consent Agenda as amended: 1. G17-0213 Cusenza, Maria & Rosario – 35526 Alta Vista Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35526 Alta Vista 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. G17-0214 Kochevar, Sandra Lee & Bank of America – 35644 Georgetown Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35644 Georgetown 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. G17-0215 Zakar, Mansi & Peter, Neiveen – 39668 Pinebrook Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39668 Pinebrook 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. G17-0216 Brodzik, Lawrence & Linda – 34161 Amsterdam Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34161 Amsterdam 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 September 11, 2017 Regular Meeting Page 2 5. G17-0219 Lowe, Charles – 42254 Stanberry Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42254 Stanberry 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. G17-0221 Saffo, Sid & Jiddou, Lena – 14261 Lacavera Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14261 Lacavera 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. G17-0222 Ganz, Gregory & Maureen – 11301 Newburg Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11301 Newburg 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. G17-0223 Radtke, Edward – 39820 Parklawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39820 Parklawn 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. G17-0226 Perdomo, Monica & Camargo, Diego J. – 33817 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33817 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. 7. Public Hearing 8. Old Business a. G17-0177 Halabrin, John Jr. – 3601 Leason Road Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. As of today the property owner has not contacted the CDGB coordinator for help. Pictures were shown at this time. Mr. Ervin stated that on 8-14-17 Mr. Halabrin was in-front of the OBA Board and the Board postponed the case so he could contact the CDGB coordinator for an application to get help. As of today Mr. Halabrin had not contacted the CDGB coordinator. Joe Judnick, 36 year resident, was present. Mr. Judnick stated that he was upset that this property was not abated immediately when it was in front of the Board last month. He stated that when a property comes to this Board it is their responsibility to abate immediately. Mr. Sala stated that they do like to give homeowners time to correct violations. In this case he didn’t try to get help so an immediate abatement is reasonable. Moved by Sala, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3601 Leason Road and to direct Ordinance Board of Appeals September 11, 2017 Regular Meeting Page 3 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: Ervin, McMartin, Sala, Stickney, Zdzieblowski No: None. Absent: Pitrone. Motion carried. 9. New Business a. G17-0211 Maynie, Robert & Brown, Nicole – 13188 Grand Haven Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Robert Maynie, owner, was present. Mr. Maynie stated that they removed a lot of it and didn’t realize they needed to do the back landscaping. The landscaping company will be out this week to finish. Mr. Sala stated that the homeowner has clearly been working on this and he would be in favor of one week. Moved by Zdzieblowski, supported by Stickney RESOLVED, to declare that a public nuisance exists on the property commonly known as 13188 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 after September 18, 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. 9. Public Participation a. Anita Rizzo, property owner at 11267 Judy Drive, was present. Ms. Rizzo stated that two notices were sent to her and everything is cleaned up and the property was taken off the agenda. She stated that posted signs on the property are a public shame and it is wrong. Everyone who has gotten a sign posted in their yard deserves a public apology. Ms. Rizzo asked for the pictures of her property to be shown. Mr. Geiger went through the pictures. Mr. Ervin stated that the case was put on the consent agenda and will be abated. The pictures shouldn’t be shown at this time. b. Joe Judnick, 36 year resident, was present. Mr. Judnick wished Denice Gerstenberg good luck on her new job. He stated that he she has always worked well with him and maybe he will get on this Board in the future. Mr. Judnick stated that when a property comes to the Board they shouldn’t be given too much time it should be abated immediately. The Ordinance Board of Appeals is a public hearing and the sign must be posted. All people have to do is maintain their property and the sign will not be posted on their property. 10. Adjournment Motion by Stickney, supported by Zdzieblowski to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 7:23 pm Respectfully submitted. John Pitrone Ben McMartin Chairman Secretary Ordinance Board of Appeals Ordinance Board of Appeals