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 October 23, 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, Benjamin McMartin- Secretary, Robert Ervin, Michael Stickney, Paul Zdzieblowski, Jason Castor Interim City Development Director, Paul Geiger - Code Enforcement Officer, Dana Vietto – Recording Secretary 3. Report from City Liaison – Jason Castor 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- 0268, G17-272, G17-0273, G17-0275, G17-0277, G17-0278, G17-0280, G17-0287, G17- 0288 & G17-0290. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G17-0270 Zaya, Yalda – 12505 Fifteen Mile Road b. Moved item 5 to New Business 9b. G17-0271 Deutsche Bank c/o Ocwen Loan Servicing, LLC – 13250 Grand Haven Drive c. Moved item 8 to New Business 9c. G17-0274 Yousif, Alexander & Kathy – 42861 Bloomingdale Drive d. Moved item10 to New Business 9d. G17-0276 Lieb, Charles & Lisa Ann – 34321 Brookshire Drive e. Moved item13 to New Business 9e. G17-0279 Franklin, Donald & Annette – 34467 Moravian Drive f. Moved item15 to New Business 9f. G17-0281 Melistas, Dimitrios L. & Elleen – 39331 Della Rosa Drive g. Moved item16 to New Business 9g. G17-0282 Tomala, Wayne – 4117 Franklin Park Drive h. Moved item 23 to New Business 9h. G17-0289 Habner, Barbara & Chris – 3600 Fox Hill Drive 5. Approval of Agenda Motion by Ervin, 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. G17-0269 Wells Fargo Bank, N.A. – 13811 Carlisle Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13811 Carlisle 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. G17-0283 Ghuman, Satguru – 5132 Gardner East RESOLVED, to declare that a public nuisance exists on the property commonly known as 5132 Gardner East 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. G17-0284 Churchill, Christopher & Marinello, Neilla – 8537 San Marco Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 8537 San Marco Boulevard 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 October 23, 2017 Regular Meeting Page 2 4. G17-0285 Everitt, Mark & Shari – 35259 Hatherly Place RESOLVED, to declare that a public nuisance exists on the property commonly known as 35259 Hatherly Place 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. G17-0286 Chehab Brothers, LLC – 13901 Nineteen Mile Road/13927 Nineteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 13901 Nineteen Mile Road/13927 Nineteen Mile 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 a. G17-0267 Williams, Bryan & Wendy – 4242 Nathan West Concrete Variance - Asking Board approval to not install a sidewalk along Nathan West. Bryan Williams, owner, was present. Mr. Williams stated that he is building a new residence and there are no sidewalks currently installed in the area. Mr. Pitrone stated that it looks like there are no sidewalks in the subdivision. Mr. Williams stated that there are sidewalks in the other subdivision. Mr. Pitrone stated that if and when the City deems it necessary to install a sidewalk it will be at the cost of the owner. Moved by Zdieblowski, supported by McMartin, RESOLVED, to approve case G17- 267 at 4242 Nathan West with the following conditions: 1 – that the petitioner agrees to abide by nd comply with all applicable rules and regulations and orders of every lawful agency or overning 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 ound to be correct and that the conditions upon which the motion is based are maintained as resented to the board, 3 – the petitioner requires that the owner of the property agree that if and hen the City deems it necessary to require the installation of subject concrete work, the owner f the property will install the required concrete work promptly at his own expense or will be ubject to a special assessment in an amount sufficient to cover the cost of such installation by the ity. Yes: Ervin, McMartin, Pitrone, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. 8. Old Business 9. New Business a. G17-0270 Zaya, Yalda – 12505 Fifteen Mile Road Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Amel Zaya, son of owner, was present. Mr. Zaya stated he lives at the house and his dad is getting kemo. Mr. Pitrone stated that there is not a ton of work to be done. Mr. Zaya stated that he has pictures and has spent money to clean up the weeds. The problem is there was five trees boarding two acres of land and they cut the trees down and left the wood to dry. The neighbor called the City on him. Mr. Pitrone went through the pictures again. He stated that there is no outdoor storage allowed, the wood has to go it has been there since July, the shrubs are dead and need to be removed and the garbage cans have to have lids on them. Mr. Zaya asked for one week to clean up the Ordinance Board of Appeals October 23, 2017 Regular Meeting Page 3 property. Mr. McMartin stated that he agrees with the Chairman and the wood has to go. There is nothing about the deck on the agenda statement. The deck is leading to nothing and is an accident waiting to happen. Mr. Geiger stated that the deck wasn’t written up but will be written up next. Mr. Zaya stated that there is nothing about the bike, deck and stuff lying around. Mr. Pitrone stated that it all falls under trash and debris and he can’t have it there. Mr. Zaya stated that he needs two weeks for the shrubs and a week for the rest. Moved by Stickney, supported by Zdzieblowski RESOLVED, to declare that a public nuisance exists on the property commonly known as 12505 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 October 30, 2017 and November 6, 2017 for deck and dead shrubs in front yard. 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. b. G17-0271 Deutsche Bank c/o Ocwen Loan Servicing, LLC – 13250 Grand Haven Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Samuel Verdochie, owner, was present. Mr. Verdochie stated he purchased the home from the bank and wasn’t aware of the problem. Mr. McMartin stated that he hasn’t recorded his property with the City. Mr. Verdochie stated that he will record it with the City this week. They plan on remodeling it and selling it. Moved by Sala, supported by McMartin, 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 after October 30, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. c. G17-0274 Yousif, Alexander & Kathy – 42861 Bloomingdale Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Kathy Yousif, owner, was present. Mr. Pitrone asked if any work has been done since August. Mr. Geiger stated that some work has been done recently. Ms. Yousif stated that a contractor took their money and left. Her husband and brothers are starting to fix it. The rain has delayed them. Mr. Castor stated that he will need to check with the building department if a permit is needed. It looks more like landscaping work which doesn’t require a permit. Mr. McMartin stated that he wants to give her more time but they can‘t give her a ton of time. Ms. Yousif stated that she needs at least 3 weeks. Moved by Ervin, supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42861 Bloomingdale Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 13, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. d. G17-0276 Lieb, Charles & Lisa Ann – 34321 Brookshire Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Charles Lieb, owner, was present. Mr. Lieb stated that his wives parents lived there Ordinance Board of Appeals October 23, 2017 Regular Meeting Page 4 and they tore out a ton of stuff. Mr. Pitrone asked what the trenches were for. Mr. Lieb stated that the yard is low and he is fixing it by raising it. The piles are nice and neat. Mr. Pitrone asked if he plans on leaving the berms there. Mr. Lieb stated, “No.” Mr. Pitrone stated that if he messes with natural flowing water he will be liable. Mr. Lieb stated the City came and took everything they had when they had an open fence permit. He talked to City Management and filed paperwork with them. Mr. Zdzieblowski asked what is going on with the green house. Mr. Lieb stated that they grew plants in it but nothing was mentioned about it so he is storing his tools in it. He is going to remove the green house when the brick pavers are gone. He is raising the backyard. The wood is landscape timbers for the gardens. Mr. Pitrone asked how long he needs to take care of this. Mr. Lieb stated that it depends what he means by take care of it. He said he didn’t know that the green house was an issue. Mr. Pitrone stated that it is missing glass so it doesn’t serve as a green house. Mr. Geiger stated that it is an open hazardous structure that needs to be taken care of. Mr. Pitrone stated that there is a ton of work to be done out there. If the dirt is going to be levelled than hurry up and do it. Mr. Zdzieblowski stated that this should be an immediate abatement, there is too much work to be done and he doesn’t understand. Mr. Zdzieblowski gave an immediate abatement motion but it was not seconded. Mr. McMartin stated that if Mr. Lieb was able to give the Board a detailed plan to execute the clean-up he would be in favor of time. Mr. Lieb stated that he needs a month. Mr. McMartin stated that a month is too long for everything. Mr. Lieb stated that he will straighten the timbers and have the dirt leveled in one week. He will remove the outdoor storage and greenhouse in a month. Moved by Zdzieblowski, supported by McMartin, 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 10-30-17 to level dirt and after 11-23-17 for the remaining issues. 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. e. G17-0279 Franklin, Donald & Annette – 34467 Moravian Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. Donald Franklin, owner, was present. Mr. Franklin bought a privacy fence to put around the brick piles. Mr. Pitrone asked him if he could put them in the garage. Mr. Franklin stated, “Yes.” Mr. Pitrone stated that now he needs to remove bricks and fencing. Mr. McMartin asked if he could get it done in 2-3 days. Mr. Franklin stated that he needs a few weeks. Moved by Stickney, supported by Zdzieblowski RESOLVED, to declare that a public nuisance exists on the property commonly known as 34467 Moravian Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 29, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. f. G17-0281 Melistas, Dimitrios L. & Elleen – 39331 Della Rosa Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Pictures were shown at this time. Elleen Melistas, owner, was present. Ms. Melistas stated that they are in the process of losing everything. Mr. Pitrone stated that he seen the house and it needs a lot of work. He asked her if anyone has started the foreclosure process. Ms. Melistas stated that she received a letter recently. They are trying to figure out to fix the porch but don’t have any money. Mr. Pitrone stated that they can’t take care of the house. Ms. Ordinance Board of Appeals October 23, 2017 Regular Meeting Page 5 Melistas stated that she wanted an extension until spring when they will have the money and will take care of the wood on the house. Mr. Zdzieblowski asked if she was keeping the house and if she has any offers. Ms. Melistas stated that she can’t afford the house and she has had people and investment companies looking at the property today. Mr. Zdzieblowski went over the pictures with Ms. Melistas. Mr. McMartin stated she needs to paint and scrap wood trim and the gutters are the biggest thing. He recommended that she do the patching so the City doesn’t do it because it will go as a lien on the property if not paid and it could delay the sale of the property. Ms. Melistas stated that she can’t afford to pay for anything. Mr. Ervin stated that the initial inspection was on 8-14-2017. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39331 Della Rosa 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: Ervin, McMartin, Pitrone, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. g. G17-0282 Tomala, Wayne – 4117 Franklin Park Drive Code Enforcement Officer, Paul Geiger, stated as of today there were no changes to the property. Tree inspection report stated that two trees that are not native to Michigan are dead and need to be removed. Pictures were shown at this time. Wayne Tomala, owner, was present. Mr. Tomala stated that he doesn’t live at the property his brother does and it is for sale. He asked if the Board received a copy of his letter he sent to Craig. Mr. Pitrone stated, “No.” He is upset about how this came about. He thinks a potential buyer called and made a complaint. Mr. Tomala stated that he can fix the address on the mailbox. He pulled up the outdoor storage ordinance and it doesn’t state he can’t keep a kayak. If there is some ordinance that states there is no outdoor storage allowed he has not seen it. He took the time to dig up the ordinance and there is no mention of outside storage. He said there is no authority to force him to remove them. Mr. Tomala stated that there is no trash and debris on his property. Mr. Pitrone asked Mr. Tomala if he got rid of the pallet on the side of his house. Mr. Tomala stated, “No.” He wants to know where it states he can’t have a pallet outside. Mr. Pitrone recommended that he go to the City and speak to someone about the issues. Mr. Tomala stated that he tried. He asked the code enforcement officer to issue him a civil infraction so he could go in front of a judge and he could read him the rules and statutes that were cited. If the Board doesn’t dismiss this case today he would like them to issue him a civil infraction so he can take it up with the courts. Mr. Tomala stated that the fence statutes say he is responsible for repair, up keep and maintenance of the fence or privacy screen. There is one section that is leaning on his fence and the ordinance doesn’t say that it can’t lean a little bit. It is still structurally sound. You can shake it and it doesn’t move anywhere. The trees that are diseased or dangerous he is at a loss as to how someone came on his property to check them out. Mr. Geiger stated the Zoning Ordinance is permissive. What is does is sets out uses that are allowed in the Zoning Ordinance and that’s what is said in the outdoor storage. Outdoor storage isn’t allowed in residential. Anything that is not cited in section 3.0 is therefore not allowed and outdoor storage is one of them. Mr. Tomala stated that is not correct. He said the Board is trying to enforce statutes that apply to his property but do not read what the officer claims it reads. Mr. Pitrone stated that Mr. Tomala gave an example to him that it doesn’t state in the ordinance that he can’t have a kayak. Mr. Pitrone stated “that you can’t have a kayak so suppose you can have 300 kayaks if you could have one you could have a thousand so there are reasonable codes and ordinances to keep a residential area in a residential nature.” Mr. Pitrone stated that they need to move on and Mr. Tomala hasn’t addressed what needs to be done and apparently he has no intention of repairing the fence, cleaning up the property or taking care of the rotted wood. Mr. Tomala stated he doesn’t feel it is necessary. Mr. Tomala stated that this record may be needed some day. He wants the time to refute Ordinance Board of Appeals October 23, 2017 Regular Meeting Page 6 each violation one by one. Mr. Pitrone stated that they are here to see if he is going to take care of the issues. Mr. Pitrone stated that they are ready to make a motion. Mr. Tomala asked what the next step is for him to appeal. Mr. Pitrone stated it is through the circuit court. Mr. Tomala wanted to know if there is a record of this meeting. Mr. Pitrone stated, “Yes.” Mr. Tomala wants two weeks to file the necessary paperwork with the circuit court. Mr. Tomala was speaking out of order during the Boards motion. Moved by Zdzieblowski, supported by McMartin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4117 Franklin Park 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: Ervin, McMartin, Pitrone, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. h. G17-0289 Habner, Barbara & Chris – 3600 Fox Hill Drive Code Enforcement Officer, Paul Geiger, stated as of today there were some changes to the property. Pictures were shown at this time. John Habner, owner’s son, was present. Mr. Pitrone asked if he was in the process of getting it fixed. Mr. Habner stated he needs a couple of weeks to shingle, paint and trim. Mr. Stickney stated he was not in favor of granting three weeks since this case began on 5-3-2017. Mr. Habner stated that there is a dead tree in the easement and the City has not taken care of it. Mr. Pitrone stated that if the tree is in the easement than it is the homeowners’ responsibility. If the tree is in the City right of way than it would be the Department of Public Works that needs to be contacted. Moved by McMartin, supported by Ervin RESOLVED, to declare that a public nuisance exists on the property commonly known as 3600 Fox Hill Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after November 6, 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, Stickney, Zdzieblowski No: None. Absent: None. Motion carried. 9. Public Participation 10. Adjournment Motion by Stickney, supported by Ervin to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 8:39 pm Respectfully submitted. John Pitrone Ben McMartin John Pitrone - Chairman Ben McMartin - Secretary Ordinance Board of Appeals Ordinance Board of Appeals