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 February 22, 2021 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. Ervin called the meeting to order at 7:00 p.m. 2. Roll Call: Robert Ervin Chairman, James Mandl, Kathleen Martin, Mike Stickney, and Julie Windhorst Jason Castor Building Official Absent: None Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison There were no additional updates pertaining to the cases on the agenda. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0010 Shaaben, Bader & Kadeer, Manal 12481 Star Lite Court b. Moved item 4 to New Business 9b. G21-0012 N Shaja Properties, LLC 13090 Plumbrook Road 5. Approval of Agenda Motion by Stickney, supported by Martin, to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Martin, RESOLVED, to approve the Consent Agenda as amended. Yes: All. Motion carried. 1. Approval of the Minutes Regular Meeting January 25, 2021 2. G21-0011 Thornton, David - 3521 Franklin Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3521 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. 3. G21-0013 Flockhart, Ray & Shar 12415 Kenilworth Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12415 Kenilworth 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. G21-0014 Adams, Lisa 43214 Penny Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 43214 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. Board of Ordinance Appeals February 22, 2021 Regular Meeting Page 2 7. Public Hearing None 8. Old Business None 9. New Business a. G21-0010 Shaaben, Bader & Kadeer, Manal - 12481 Star Lite Court Code Enforcement Coordinator, Dana Vietto, stated there has been contact with the owner and there have been no changes to the property. Pictures were shown at this time. Bader Shaaben, owner of the property, came to the podium. He explained he and his family got Covid on December 25 and he just went back to work two days ago. Mr. Ervin asked if he has any active building permits. Mr. Shaaben said yes, he is waiting for the weather to be good to be moved. He asked Mr. Shaaben how long he needs to correct the situation. Mr. Shaaben asked for one month. Mr. Ervin asked if there was any questions or comments from the Board. Mr. Stickney asked if he has a garage. Mr. Shaaben said yes. Mr. Stickney asked if he could put the things in the garage. Mr. Shaaben said the garage has too much in it that they just moved to the house about seven months ago. Mr. Stickney asked how long he has been off work. Mr. Mr. Ervin asked for any further questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Stickney supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12481 Star Lite Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by 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: Stickney, Windhorst, Ervin, Mandl, Martin No: None Absent: None Motion Carried. b. G21-0012 N Shaja Properties, LLC - 13090 Plumbrook Road Code Enforcement Coordinator, Dana Vietto, stated there has been little contact with the owner and there have been no changes to the property. Ms. Vietto also indicated the original case was because of an illegal structure in June of 2020. There were two tickets sent; one was paid and the other is going to court. The resident applied for a building permit on August 6, 2020 but it was denied. Since then, there has been no effort to submit plans to the building department. Pictures were shown at this time. Raad Joseph, owner of the property, came to the podium. He explained what the city is calling trash and debris from his perspective is construction material. He indicated he is currently in the process of doing the floors in the house and the material on the porch is necessary for that. Mr. Ervin indicated they would have to store the materials inside. Mr. Ervin asked about the illegal structure. Mr. Joseph said he built the structure as a type of carport to store his belongings. He stated he had a conversation with Ms. Vietto and he will go back to the city to find out what his options are. He indicated the material on the front porch will be gone within ten days. He explained the house has been under construction since 2017 and he is trying to do most of it himself. Board of Ordinance Appeals February 22, 2021 Regular Meeting Page 3 Mr. Ervin asked if there was any questions or comments from the Board. Ms. Martin asked how long it will be to complete the job before all the outdoor storage would be removed. Mr. Joseph indicated it has been going on for about six weeks and they are also redoing the cabinets and other stuff. Mr. Ervin asked for any further questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Mr. Stickney indicated this case is a complaint. Moved by Stickney supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13090 Plumbrook Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding; the building materials, trash and debris, and outdoor storage by March 4, 2021 and the illegal structure by March 19, 2021. 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: Stickney, Windhorst, Ervin, Mandl, Martin No: None Absent: None Motion Carried. 10. Public Participation There was none. 11. Adjournment Motion by Stickney, supported by Martin, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 7:25 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals