Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on September 28, 2020 at the Sterling Heights Municipal Center, 40555 Utica Road, Sterling Heights, MI in the Community Room, 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. Mr. Stickney called the meeting to order at 7:00 p.m. 2. Roll Call: James Mandl, Kathleen Martin, Mike Stickney, and Julie Windhorst Jason Castor City Development Director Absent: Robert Ervin Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison items from the consent agenda as they have been cleaned up prior to the meeting: G20-0165 and G20-0169 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G20-0162 Quayle, Dennis L. & Jacalyn, Trust- 15032 Rohan Drive b. Moved item 8 to New Business 9b. G20-0168 Alband, Bruce 11200 Erdmann Road 5. Approval of Agenda Motion by Windhorst, supported by Martin, to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Windhorst, supported by Martin, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. Approval of the Minutes Regular Meeting September 14, 2020 2. G20-0163 Schumburg, Elaine C. -5661 East Fourteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 5661 East Fourteen 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. 3. G20-0164 Barton, Robert J. 37079 Colgate Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 37079 Colgate Court 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. G20-0166 Ceraj, Seferin & Irini 37338 Highlite Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37338 Highlite 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. Board of Ordinance Appeals September 28, 2020 Regular Meeting Page 2 5. G20-0167 Johnson, Thomas 42471 Utica Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 42471 Utica 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 None 8. Old Business None 9. New Business a. G20-0162 Quayle, Dennis L. & Jacalyn, Trust- 15032 Rohan Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner and there have been changes to the property. Ms. Vietto read a narrative from code enforcement as follows: The property has been in front of this Board five times in the last two years. The property has been sited for 26 violations since 2015. This property is subject to ongoing monitoring by code enforcement due to the frequency of violations. The city has cut the grass five times this summer. In 2019 the city abatements resulted in more than $7,000. Over the last year, the cost of the frequent violations has exceeded $2,500. Over the past summer the owner has not been maintaining the property, however, today some nuisance growth was cleared up. Residents in the area are negatively impacted by the lack of regard for property maintenance and have regularly sought assistance from the city. The code enforcement department has consulted with the city attorney during the past year to address properties like this. The city attorney has prepared motion language which the Board may use, if it chooses to do so, in order to create a standing order to abate further violations with reduced notice time. That language has been handed to the Board members for their consideration. The Board has the discretion to decide how long an ongoing review should last and how much notice shall be provided every time a new violation is found. The city is asking for a standing order to be for 365 days. Pictures were shown at this time. Mr. Stickney asked if anyone was there to speak about the property. No one was present. Moved by Windhorst, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 15032 Rohan Drive and to direct the Code Official to abate the following: the violations shall be abated within three (3) days. The Board further finds that the evidence demonstrates a history of ongoing violations at the property relating to property maintenance and other nuisance conditions, requiring frequent follow-up and two (2) prior meetings of this Board within the past year to address such conditions in order to ensure a safe and compliant site. The cost of remediating the frequent violations has exceeded $2,500.00. Therefore, due to the public interest in minimizing the significant public resources and staff time required to repeatedly address recurring and new violations at the site by scheduling additional hearings before this Board, as well as the public interest and the interest of the neighbors of this site in expeditiously eliminating public nuisance and blight conditions that are detrimental to the public health, safety, or welfare, the Code Official is hereby authorized and ordered to do the following: 1. Regularly monitor the site during the next 365 days. 2. Upon discovering any new or recurring code violation(s) during that time period, the Code Official shall issue notice of the violation(s) to the owner or party responsible for the site in accordance with the notice requirements of Section 11-142 of the City Code, with the following modifications: Board of Ordinance Appeals September 28, 2020 Regular Meeting Page 3 a. The notice shall afford three (3) full business days to cure the violation. b. The Code Official shall conspicuously tag or sticker the item(s) that are to be removed or relocated (or affix the tag as near as possible to the item(s)) to achieve code compliance. c. If the violation has not been cured upon re-inspection after expiration of the allotted timeframe, the Code Official shall cause the violation(s) to be abated without a need for another hearing before this Board, and the property owner shall be invoiced in accordance with Section 11-142(G) of the City Code. The Board also authorizes and orders the imposition of a lien against the property, in the amount of the cost of abatement incurred by the City, for each abatement performed by the City pursuant to this Order of the Board, pursuant to Section 11-142(G) of the City Code. Yes: Windhorst, Martin, Stickney, Mandl No: None. Absent: Ervin Motion Carried. b. G20-0168 Alband, Bruce 11200 Erdmann Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been some changes to the property. Pictures were shown at this time. Austin McWherter was present. He explained the house was owned by his great grandparents, who recently passed, and currently his aunt is the owner. He is in the processing of getting a mortgage to buy the home. Mr. Stickney asked when Mr. McWherter moved into the property. Mr. McWherter stated about a year and a half, when his great grandmother passed. Mr. Stickney asked what his plans are. Mr. McWherter stated to dig everything up and make it look better. Mr. Stickney stated this has been ongoing since June and asked how much time he needs to get it done. Mr. McWherter explained his garage caught on fire, he is in the EMT academy, and he has been working on the house. He asked what are the complaints. Mr. Stickney suggested he go to the city and get a list of what needs to be done. Mr. Stickney asked for any comments or questions from the Board members. Ms. Martin agreed with Mr. Stickney that Mr. McWherter needs to go to the city and ask for a list in writing of what needs to be done. Ms. Vietto stated the three violations which exists are trash and debris, nuisance growth, and the trim and garage exterior needs to be painted. She explained, as was shown in the pictures, all the weeds and overgrowth need to be trimmed up. The garage trim and back need to be painted. Any trash and debris need to be cleaned up. Mr. Stickney asked Mr. McWherter how much time he needs. Mr. McWherter asked for a month and he stated he is in the EMT program and needs the time. Dylan Everett came to the podium and asked for clarification on the nuisance growth and debris. Mr. Stickney explained. Mr. Everett stated a week would not be enough time when it is supposed to rain all week. Mr. Stickney stated the first complaint is from June. Mr. Everett stated and there was miscommunication between him and his aunt. Mr. Martin stated if Mr. McWherter is in the process of getting a mortgage, he has a vested interest in the home. Mr. McWherter stated he does but he has to go through his family, his aunt, to do anything with the house. Mr. Stickney stated when getting a mortgage, he will have a hard time getting it appraised to its full value if it is left as is. Board of Ordinance Appeals September 28, 2020 Regular Meeting Page 4 Mr. Stickney asked for any further comments. Being none, he asked for a motion. Moved by Windhorst, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11200 Erdmann 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. Yes: Windhorst, Martin, Stickney, Mandl No: None. Absent: Ervin Motion Carried. 10. Public Participation There was no public present. 11. Adjournment Motion by Windhorst, supported by Martin, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 7:27 p.m. Respectfully submitted, Mike Stickney acting Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals