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 August 23, 2021 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. 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 City Development Director Absent: None Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison following items from the consent agenda as they have been cleaned up prior to the meeting: G21-0152, G21-0156, G21-0159, G21-0160, G21-0164, and G21-0166. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0150 Crandall, Christopher M. 12530 Bender Drive b. Moved item 3 to New Business 9b. G21-0151 Galati, Jacqueline 39647 Holiday Drive c. Moved item 5 to New Business 9c. G21-0153 4075 East 14 Mile LLC 4075 Fourteen Mile Road d. Moved item 7 to New Business 9d. G21-0155 Hirmiz, Manhal 34087 Northwood Court e. Moved item 17 to New Business 9e. G21-0165 Hanna, Zinah & Hanna, Fadi 41117 Marjoran 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 August 9, 2021 2. G21-0154 Fedhel, Ammar 33359 McCoy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33359 McCoy 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. G21-0157 Manriquez, Michael & Tonia 33883 Shelley Lynne RESOLVED, to declare that a public nuisance exists on the property commonly known as 33883 Shelley Lynne 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 August 23, 2021 Regular Meeting Page 2 4. G21-0158 Shields, Sherry Lynn 12369 Volpe Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12369 Volpe 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. G21-0161 Nischalke, Steven J. 13321 Roxbury Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13321 Roxbury 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. G21-0162 Lozano, George Edward 38030 Virginia Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38030 Virginia 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. G21-0163 Nagy, Gerald G. Trust -42308 Buckingham Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42308 Buckingham 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. G21-0167 Che, Le Quynh Thi 35824 Shell Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35824 Shell 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. Public Hearing None 8. Old Business None 9. New Business a. G21-0150 Crandall, Christopher M. 12530 Bender Drive 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. Mark Duffie, 6052 Waldo, Sterling Heights, addressed the Board. He explained he is helping the homeowner get everything cleaned up. He asked for a leniency of 24 hours to finish. Christopher Crandall, homeowner, addressed the Board. He indicated he is an electrician and has been working 12 hour shifts and will get it cleaned up. Mr. Ervin asked for public participation. Being none, he asked for any questions from the Board. Board of Ordinance Appeals August 23, 2021 Regular Meeting Page 3 Ms. Martin asked if taking care of the weeds in front would also be taken care of in the next couple days. Mr. Crandall indicated his boys were suppose to take care of the rest of the do it but it will get done. Mr. Stickney wanted to make sure Mr. Crandall knew they needed to pull the weeds in the driveway cracks even if they sprayed it. Mr. Crandall understood. Mr. Duffie asked if they are allowed to have stacked cut wood along the fence. Mr. Castor indicated the firewood can be stored in the wood storage racks. He also indicated he could obtain the proper permits and put a shed up for storage. Mr. Ervin asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 12530 Bender Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by August 25th. 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, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. b. G21-0151 Galati, Jacqueline 39647 Holiday Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner but there have been no changes to the property. Pictures were shown at this time. Vito Galati addressed the Board. He explained he moved back to take care of his parents who have now passed. A relative had a free day to remove the driveway and was there pulling it up before he could get a permit. He indicated he will get a permit and get the driveway done within a week or two. Mr. Ervin asked if there were any questions from Board members. Being none, he asked for any public participation. Ms. Vietto indicated the property owner or a contractor can pull the permit. Mr. Galati Castor indicated if he needed to transfer ownership, he would need to go to the assessing office. Mr. Ervin asked for a motion. Moved by Stickney, supported by Martin, 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 September 6th. 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, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. c. G21-0153 4075 East 14 Mile LLC 4075 Fourteen Mile Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner but there have been no changes to the property. Pictures were shown at this time. Board of Ordinance Appeals August 23, 2021 Regular Meeting Page 4 Peter Demopolis, 20507 Patricia Ave, Warren, property owner, addressed the Board. He indicated the downspouts have been hanging that way for 50 years. He explained he will take out the middle drain spout and redirect the other two onto his property. He asked for a week to get the issues taken care of. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also being none, he asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4075 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. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. d. G21-0155 Hirmiz, Manhal 34087 Northwood Court 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. Mr. Antawan, 5771 Emit Rd., Emit Michigan, addressed the Board as t translator. Manhal Hirmiz, homeowner, was also present. Mr. Antawan explained the came to the meeting, someone explained to them what the violations were for. He indicated his brother-in-law Mr. Hirmiz is a first- certain things. He asked for 48 hours to get everything taken care of. Mr. Ervin asked Ms. Vietto to explain about the birds (pigeons) and the structure. Ms. Vietto explained that the homeowner was notified by animal control that the pigeons are not allowed to be there. She indicated that he removed them but now they are back. She explained pigeons or livestock are not allowed on property under eight acres. Mr. Antawan indicated they will move them to his property. Ms. Vietto also explained the structure is building permit to do so. Mr. Ervin asked for any questions from the Board. Mr. Stickney indicated the initial inspection was 84 days ago and there was no contact from the homeowner to the city asking for any clarification. Mr. Ervin asked for public participation. Being none, he asked for a motion. Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34087 Northwood 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. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None. Absent: None. Motion Carried. Board of Ordinance Appeals August 23, 2021 Regular Meeting Page 5 e. G21-0165 Hanna, Zinah & Hanna, Fadi 41117 Marjoran Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact with the owner but there have been significant changes to the property. Pictures were shown at this time. Fadi Alsammak, homeowner, addressed the Board. He explained he tried to hire contractors to help with the work for inside and outside the home and for various reasons, ppened. He indicated he is working to get things done but had some issues on the inside which he needed to attend to. He asked for more time until the end of next week. Mr. Ervin asked for public participation. Being none, he asked for any questions from the Board. Also being none, he asked for a motion. Moved by Windhorst, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 41117 Marjoran 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: Windhorst, Stickney, Ervin, Mandl, Martin No: None. Absent: None. Motion Carried. 10. Public Participation None. 11. Adjournment Motion by Stickney, supported by Martin, to adjourn the meeting. Yes: All. Motion carried The meeting was adjourned at 7:54 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals