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 27, 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, Julie Windhorst and 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: G21-0208, G21-0209, G21-0218, G21-0224, G21-0227, G21-0231, and G21-0232. 4. Removal of Consent Items to New Business a. Moved item 4 to New Business 9a. G21-0210 Lee, Wen- Yang 6660 Cobb Drive b. Moved item 5 to New Business 9b. G21-0211 Daniels, Joseph H. & T. 36863Havana Drive c. Moved item 7 to New Business 9c. G21-0213 Paul, Dipendra Chandra 33785 Elford Drive d. Moved item 14 to New Business 9d. G21-0220 Bahnam, Katreena 5577 Paris Drive e. Moved item 16 to New Business 9e. G21-0222 Williams, Cindy 11855 Lewlund Drive f. Moved item 20 to New Business 9f. G21-0226 Sunderhaus, P. & Riggs, J. 11089 Windmill Court g. Moved item 22 to New Business 9g. G21-0228 Le, Johnny P. 33596 Lamparter Drive h. Moved item 27 to New Business 9h. G21-0233 Al-Shammeree, Tony & Mahdi, Wardah- 38983 Trawick Court 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 September 13, 2021 2. G21-0212 Lucent, Joseph & Laurie 14240 Brandywine Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 14240 Brandywine 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. Board of Ordinance Appeals September 27, 2021 Regular Meeting Page 2 3. G21-0214 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. 4. G21-0215 Kruk, Richard D. Jr. 34016 Northwood Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 34016 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. 5. G21-0216 Tiseo, Joseph A. 13919 Valusek Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13919 Valusek 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. G21-0217 Gaiwa, Abeer 44081 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 44081 Ryan 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. G21-0219 Cholagh, Angelo & Tony 5576 Noll Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 5576 Noll Street 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. G21-0221 Plumbrook Investments LLC -13727 Plumbrook Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 13727 Plumbrook 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. 9. G21-0223 Weber, Benjamin 12668 Takoma Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 12668 Takoma 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. 10. G21-0225 Via, John & Shirley 41138 Wessel Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 41138 Wessel 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 27, 2021 Regular Meeting Page 3 11. G21-0229 Yousif, Samira & Hanna, Farkad -5350 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 5350 Metropolitan Parkway 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. 12. G21-0230 15-Van Dyke, LLC -34949 Van Dyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 34949 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 None 8. Old Business None 9. New Business a. G21-0210 Lee, Wen-Yang 6660 Cobb 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. Ming Lee, representing Wen-Yong Lee, addressed the Board. He explained the owner is in China and has been delayed in returning because of the pandemic. He indicated the employees are working also indicated the grass has been cut and they have cleared the weeds. He has scheduled the tree cutting for this week. He has contacted the owner about the junk cars because there are personal items in them. Once he hears from her, he will have them removed. Mr. Ervin indicated the city has been cutting the grass and asked if they have set up someone to take care of the lawn on a regular basis. Mr. Lee indicated they have set up weekly maintenance. Mr. Ervin asked if Mr. Lee understood all that needs to be done. Mr. Lee indicated he understood. Mr. Ervin asked the Board for any questions. Being none, Mr. Ervin asked for public participation. Ms. Vietto pointed out, by displaying a picture, they need to fix and restore the landscape bed area. Mr. Lee indicated he understood. 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 6660 Cobb Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 4, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. Board of Ordinance Appeals September 27, 2021 Regular Meeting Page 4 b. G21-0211 Daniels, Joseph H. & T. 36863 Havana Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner and there have been no changes to the property. Pictures were shown at this time. Sharon Shavel, 18 Gabels Lane, Bluffton, South Carolina, addressed the Board. She indicated she is representing her mother, who is 94. Mr. Ervin asked her to address the pictures which were shown. Ms. Shavel indicated she has a service which does the lawn and snow removal. She explained she comes in every third month and when she was there in May she took care of all the weeds. She also indicated the neighbor across the street tries to help out when he can. Mr. Ervin asked if she could possibly be put on a weekly schedule. Ms. Shavel indicated they have tried to call but the neighbor is doing it to help them out. There was discussion about churches, county and city services to help out senior citizens. Ms. Shavel asked if any of the mailings could come to her directly in South Carolina. Ms. Vietto indicated she would have to contact the Assessing Department to find out what forms she may have to fill out. Mr. Ervin asked how much time she needs to get it cleaned up. Ms. Shavel indicated she would have to do it herself and asked for a week. Mr. Ervin asked if there were any questions from Board members. Ms. Martin asked if there are any neighbors who could help out. Ms. Shavel indicated the neighbor across the street helps out when he can. Ms. Windhorst asked about the names and address on file. Ms. Shavel indicated the mail on file as owners are her ome. Mr. Castor stated she could make any changes needed when she goes to the Assessing Department. Ms. Shavel asked if there is any way to get the $230 fee waived. Mr. Ervin stated their Board does not have the power to do that and suggested she call the City. Mr. Ervin asked for any 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 36863 Havana Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 4, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. c. G21-0213 Paul, Dipendra Chandra 33785 Elford Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been changes to the property. Pictures were shown at this time. Dipendra Chandra Paul, property owner, addressed the Board. His son addressed the Board indicating his side jobs, and he is a full- got so bad and asked for two weeks to get it all cleaned up. Mr. Ervin asked if he understood all that needs to be done. The son answered yes. Mr. Ervin asked for any questions from the Board. Board of Ordinance Appeals September 27, 2021 Regular Meeting Page 5 Mr. Stickney indicated the initial inspection was July 7th Giving two weeks would go into October. Ms. Martin asked if there are any other siblings in the area. The son indicated yes but they Mr. Paul asked for two weeks to get it all done. 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 33785 Elford Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 4, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. d. G21-0220 Bahnam, Katreena 5577 Paris 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. Katreena Bahnam, property owner, addressed the Board. She explained they just bought the house and are trying to clean it up. She asked if there is a way she can just cover the wood because in the summer they use it for bonfires. Mr. Ervin explained to store firewood it has to be cut and on a rack. Ms. Martin explained it is a fire hazard and she probably should get rid of it. Ms. Bahnam asked if she could have until the middle of October to get it cleaned up. Mr. Ervin asked for any other 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 5577 Paris Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 4, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. e. G21-0222 Williams, Cindy 11855 Lewlund Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and the realtor today and there have been no changes to the property. Pictures were shown at this time. Ms. Vietto indicated the homeowner could not be present at the meeting and asked for three weeks to hire someone to address the issues. She is in the military, out of town on leave, and has the house up for sale. Board of Ordinance Appeals September 27, 2021 Regular Meeting Page 6 Mr. Ervin indicated the Board received a letter from the homeowner. He summarized it and indicated she is currently located in Seward, Alaska and attempting to get a P.O. Box so she can receive notices. She found out about the violation from the realtor through the man who cuts the grass. She asked for three weeks to address the issues. Mr. Ervin confirmed with Ms. Vietto the property is up for sale. She answered it is. 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 11855 Lewlund Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 18, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. f. G21-0226 Sunderhaus, P. & Riggs, J. 11089 Windmill Court 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. Patricia Sunderhaus, homeowner, addressed the Board. She explained she moved to Sterling Heights three years ago. She has put a lot of money into the exterior of the home. She explained she had a contract for the cement work to be done on May 27th and because of the weather and the pandemic they did not complete it until August 9th. She also has a landscape contract dated June 6th She further explained all the landscaping will be redone. They are now supposed to start Wednesday (Sept. 29th). Mr. Ervin explained that even with the improvements to the home, she is there (at the meeting) because of the landscape beds. He asked how much time she would need to rectify the situation. Ms. Sunderhaus said the landscaper is supposed to come Wednesday the weather will be a factor and asked for two weeks. Mr. Ervin asked for any further 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 11089 Windmill Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 4, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. g. G21-0228 Le, Johnny P. 33596 Lamparter Drive Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact from the owner and there have been some changes to the property. Pictures were shown at this time. Johnny Le, homeowner, addressed the Board. He indicated he cleaned most everything up but still needs to finish some weeds. He asked for a couple days. Board of Ordinance Appeals September 27, 2021 Regular Meeting Page 7 Mr. Ervin asked for any questions from the Board. Mr. Stickney asked what Mr. Le cleaned up and when. Mr. Le indicated he cleaned up all the debris just a couple hours before the meeting. Mr. Ervin asked for any other 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 33596 Lamparter Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 1, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. h. G21-0233 Al-Shammeree, Tony & Mahdi, Wardah- 38983 Trawick Court Code Enforcement Coordinator, Dana Vietto, stated as of today there has been no contact from the owner but there have been some changes to the property. Pictures were shown at this time. Tony Al-Shammeree, homeowner, addressed the Board. what the notices were talking about. He now understands by the pictures shown at the meeting. He explained it is not trash in the bags, it is little rocks from the front yard they will be using in the back. Mr. Ervin explained there is no provision for outdoor storage. He asked how much time he needs to get things cleaned up. Mr. Shammeree asked for a week or two. Mr. Ervin asked for any questions from the Board. Mr. Stickney indicated if there was something he was confused about, he should have called the City. Mr. Shammeree agreed. Mr. Ervin asked for any other questions from the Board. There was no public present for participation. 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 38983 Trawick Court and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by October 4, 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, Martin, Windhorst, Ervin, Mandl 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 8:13 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals