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 June 28, 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 7:24 p.m. 2. Roll Call: Robert Ervin Chairman, James Mandl, Kathleen Martin, Mike Stickney, and Julie Windhorst Jason Castor City Development Director Absent: None 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: G21-0088, G21-0091, G21-0096, and G21-0097. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0085 Galati, Jacqueline 39647 Holiday Drive b. Moved item 9 to New Business 9b. G21-0092 Vo, Leon J. & Tran, Hong N. 4610 Eighteen ½ Mile Road c. Moved item 11 to New Business 9c. G21-0094 Fletcher, James & Karen L. 42910 Utica Road d. Moved item 12 to New Business 9d. G21-0095 Sunderhaus, Michael J. & Jennifer -13274 Westminister Drive e. Moved item 17 to New Business 9e. G21-0100 Bahri, Lisa/Serenberg, Michelle 8160 Independence Drive 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 May 24, 2021 2. G21-0086 Howard, Stacy 40468 La Grange Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40468 La Grange 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. G21-0087 Tormala Family Trust 5521 Nathan East RESOLVED, to declare that a public nuisance exists on the property commonly known as 5521 Nathan 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. Board of Ordinance Appeals June 28, 2021 Regular Meeting Page 2 4. G21-0089 Chavarria, Jorge A. - 4715 Kirkwood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4715 Kirkwood 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. 5. G21-0090 Harris, Maria 11723 Fairview Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11723 Fairview 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. G21-0093 How, Kennedy L. 42700 Gainsley Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42700 Gainsley 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. G21-0098 Samohin, John (Trust) -14401 Four Lakes Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14401 Four Lakes 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. G21-0099 Autozone Development, LLC 43070 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 43070 Van Dyke 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. G21-0059 DeWitt, Garrett & Laura 8388 Gretchen Drive on a corner lot along Ashton Drive no pool. Garrett DeWitt, homeowner, addressed the Board. He is requesting a variance for a privacy fence and running it the same length as the neighbors behind them. They live on a corner lot and have a lot of traffic from kids hanging out around there. He explained he and his wife both work from home and it is on that side of the house so it would be nice to have more privacy. They also have a dog. Mr. Ervin asked if they will tie it into the existing fence which runs along the rear property line. Mr. DeWitt answered yes and indicated he would be removing the temporary fence. Mr. Ervin asked for any questions from the Board members. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Windhorst, supported by Stickney, RESOLVED, to approve case G21-0059 at 8388 Gretchen Drive 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 fence variance approved today does not take effect until the variance paperwork is returned to the City by the applicant and a fence permit is approved, 4 Any violation of these conditions will render the variance void. Board of Ordinance Appeals June 28, 2021 Regular Meeting Page 3 Yes: Windhorst, Stickney, Ervin, Mandl, Martin No: None. Absent: None. Motion Carried. 8. Old Business None 9. New Business a. G21-0085 Galati, Jacqueline 39647 Holiday Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner and there have been no changes to the property. Pictures were shown at this time. Vito Galati addressed the Board. He explained his parents just passed away and he is trying to take care of the property. He had to get the garage leveled and epoxied. He explained the stuff was on the porch for a little while when the garage was getting done. He also stated he had a car accident and sustained a back injury. It has been difficult to get things moved but a neighbor helped him today. He indicated there are still two tables side by side and some décor. Ms. Vietto displayed a picture of the porch and they discussed what was cleaned up and what was left. Mr. Ervin asked for any questions from the Board. Mr. Stickney asked if everything else was cleaned up other than the chairs and the tables. Mr. Galati answered yes. Mr. Ervin 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 39647 Holiday Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by June 30, 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. b. G21-0092 Vo, Leon J. & Tran, Hong N. 4610 Eighteen ½ Mile 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. Sonny Nguyen addressed the Board and his brother Leon Vo was with him. Mr. Nguyen Mr. Nguyen saw the notice a few days ago, he called the city and they started cleaning up. Mr. Ervin asked if they understand now from the pictures. Mr. Nguyen answered yes. Mr. Ervin asked about the car in the driveway. Mr. Nguyen indicated the gas tank broke and they are waiting for a part. Mr. Ervin explained if it sits outside, the car needs current plates and appear to be operable or it needs to go in the garage. Ms. Martin indicated they could move things into the garage to solve the problem. Mr. Stickney asked how much time they need to finish cleaning up the property. Mr. Nguyen indicated about a week. Mr. Ervin asked for any 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 4610 Eighteen ½ Mile Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by July 5, 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. Board of Ordinance Appeals June 28, 2021 Regular Meeting Page 4 Yes: Stickney, Windhorst, Ervin, Mandl, Martin No: None Absent: None Motion Carried. c. G21-0094 Fletcher, James & Karen L. 42910 Utica 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. James Fletcher, owner of the property, addressed the Board. Mr. Fletcher explained they are 90 percent done; he just needs about two weeks to finish up. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Windhorst, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42910 Utica Road and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by July 9, 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: Windhorst, Martin, Ervin, Mandl, Stickney No: None Absent: None Motion Carried. d. G21-0095 Sunderhaus, Michael J. & Jennifer - 13274 Westminister Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner but there have been some changes to the property. Pictures were shown at this time. Michael Sunderhaus, owner of the property, addressed the Board. Mr. Sunderhaus explained he has a back injury which makes doing yard work and physical labor very difficult and very painful. Mr. Sunderhaus explained with taking care of his toddler it has taken a toll on his back to do anything else with the yard. He further explained that they hired a landscape company to take him an exact date for the landscaping but indicated it would be in the next couple weeks. Mr. Ervin asked about the debris and suggested using a spray weed killer to take care of the nuisance growth in the driveway. Mr. Sunderhaus explained why he left the wood on the side of the garage. From the previous owner, it is nailed redoing that part, he just needs a little time. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Being none, he asked for a motion. Moved by Windhorst, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13274 Westminister Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by July 9, 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: Windhorst, Martin, Ervin, Mandl, Stickney No: None Absent: None Motion Carried. e. G21-0100 Bahri, Lisa/Serenberg, Michelle 8160 Independence Drive Code Enforcement Coordinator, Dana Vietto, stated as of today this property has been sent to this Board two times in the last two years. Over the last two years there have been ten violation cases at this property. Most of the violations have been junk vehicles, outdoor storage, trash and debris, landscape maintenance and the home in disrepair. This property is subject to ongoing monitoring by Code Enforcement due to the frequency of violations and complaints received. Over two years ago, the inside of the property was declared unsafe and the property owner was not allowed to live in it until she had taken care of all the issues inside. As of today, those issues have not been taken care of. Board of Ordinance Appeals June 28, 2021 Regular Meeting Page 5 Also, over the last two years this property has accumulated over $5,000.00 in City fees and they have not been paid. Recently the City had to cut the backyard because it was over two feet high. The property owner has changed her mailing address to a Florida address. Residents in the area are negatively impacted by the lack of regard for property maintenance at this site, and have regularly sought assistance from the City with enforcement of the Property Maintenance Code. She indicated they have consulted with the City Attorney to address properties like this one that tend to have frequent violations, and the City Attorney has prepared motion language abate future violations with reduced notice time. That language has been handed out to the Board members for their consideration. The Board has the discretion to decide how long the ongoing review should last, and how much notice should be provided every time a new violation is found. Pictures were shown at this time. There was no representative present for the case. Mr. Ervin asked for any 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 8160 Independence 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 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 two years to address such conditions in order to ensure a safe and compliant site. The cost of remediating the frequent violations has exceeded $5,000.00, which to date remains unpaid by the property owner. 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: a. The notice shall afford two (2) full business day(s) 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. 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. Board of Ordinance Appeals June 28, 2021 Regular Meeting Page 6 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 8:15 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals