Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS BOARD OF ORDINANCE APPEALS REGULAR MEETING MINUTES December 13, 2021 The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on December 13, 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 from 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, Justin Smith, Mike Stickney, Julie Windhorst and Jason Castor City Development Director Absent: Kathleen Martin 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: G21-0297, G21-0298, and G21-0303. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G21-0296 Sadou, Firas 39502 Augusta Avenue b. Moved item 7 to New Business 9b. G21-0301 Yee, Thomas W. -36737 Lanigan Drive c. Moved item 8 to New Business 9c. G21-0302 Dickerson Jr., Kent 34828 Campus Drive d. Moved item 17 to New Business 9d. G21-0311 Skibinski, Edward S. 44233 Donley Drive e. Moved item 18 to New Business 9e. G21-0312 H & S Singh Sunny Square Inc 37180 37246 Dequindre Road 5. Approval of Agenda Motion by Stickney, supported by Windhorst, to approve agenda. Yes: All. Absent: Martin. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Windhorst, RESOLVED, to approve the Consent Agenda as amended. Yes: All. Absent: Martin. Motion carried. 1. Approval of the Minutes Regular Meeting November 15, 2021 2. G21-0299 Daly, Christopher J. 8974 Independence Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8974 Independence 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 December 13, 2021 Regular Meeting Page 2 3. G21-0300 Schwalm, Allan -11972 Kontiki Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11972 Kontiki 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. G21-0304 Ho, Hinh Van & Le, Kin Lien Thi - 33180 Glengary Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 33180 Glengary 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. G21-0305 Zaitouna, Ashley 5456 Northlawn Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5456 Northlawn 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. G21-0306 PC Sterling Heights, LLC 44615/44645 Mound Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 44615/44645 Mound 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. G21-0307 Nquyen, Anna 34652 San Paulo Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34652 San Paulo 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. G21-0308 Bouldas, George P. -Trust 5476 Paris Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5476 Paris 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. 9. G21-0309 Hayes, Joseph 8820 Hamilton East Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 8820 Hamilton East 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. G21-0310 Hill, Lance E. 42811 Pheasant Run Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42811 Pheasant Run 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 Board of Ordinance Appeals December 13, 2021 Regular Meeting Page 3 8. Old Business None 9. New Business a. G21-0296 Sadou, Firas 39502 Augusta Avenue 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. Firas Sadou addressed the Board. He indicated he called and left messages about four understand what the issue was. He moved to this property about seven years ago and , inspector, talked to Mr. Sa what needs to be done. Mr. Sadou explained he called three to four landscaping companies then had a landscaper come out and they fixed a few things and is not sure what else needs to be done. He indicated the shed has been there since he moved there. He is refacing the backyard and has a company coming in February. He has blue prints and pictures of what will be done. Mr. Ervin asked Ms. Vietto to show the photos. Mr. Ervin explained the picture of the landscaping that needs to be addressed. Mr. Sadou indicated that was an old picture and he has everything done. He showed pictures from his phone. Ms. Vietto displayed the photos taken today from the inspector and explained they seem to be of a different area. Mr. Sadou indicated that is the back area that he is having redone in about February or March. Mr. Ervin asked him to explain what he means by refacing. Mr. Sadou said they will be taking everything out of his backyard and redo it. Mr. Ervin and Mr. Castor addressed the shed and what requirements are needed to keep it. Mr. Sadou indicated he will get rid of the shed and fix the remaining landscaping. He said he will get everything taken care of and asked how much time he has. Mr. Ervin asked how much time is he requesting. Mr. Sadou stated he would clean everything up and wait to remove the shed when his backyard gets done. Mr. Ervin explained going to take it down. After further discussion, Mr. Sadou asked for two weeks. Mr. Ervin asked the Board for any questions. Being none, Mr. Ervin asked for public participation. Also 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 39502 Augusta Avenue and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by December 31, 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, Smith No: None Absent: Martin. Motion Carried. b. G21-0301 Yee, Thomas W. -36737 Lanigan 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. Thomas Yee addressed the Board. He indicated he called the inspector in the morning. He had a contractor scheduled and the job was rescheduled because of the wind storm. Board of Ordinance Appeals December 13, 2021 Regular Meeting Page 4 The contractor was supposed to come this morning but they sent him the wrong size gable vent. The size he needs is on back order. Mr. Ervin asked about the trim which needs to be painted. Mr. Yee indicated he painted a Ms. Vietto displayed a picture and explained any paint which is peeling or chipped off, needs to be painted. Mr. Ervin asked how much time he needs to finish it. Mr. Yee asked to give him until the end of the month. Mr. Ervin asked if there were any other questions from Board members. Mr. Stickney indicated the gutter looks like it needs a cap. Mr. Yee explained when the contractor comes to replace the gable vent, he is going to fix the gutter. Mr. Ervin asked for any 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 36737 Lanigan Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding by December 31, 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, Smith No: None Absent: Martin Motion Carried. c. G21-0302 Dickerson Jr., Kent 34828 Campus 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. Kent Dickerson addressed the Board. He explained he filled out a permit but did not receive it. He was waiting for a formal letter but then received the violation notice. Mr. Horst (inspector) explained he would need a fence variance but Mr. Dickerson one because he was already coming before the Board. Mr. Castor explained currently in front of the Board, they have the violation of the fence being installed incorrectly (backwards). Fences for variance, would be if they were going to install a fence which was not in compliance with setback rules, it has not applied to a fence being installed incorrectly. Mr. Dickerson explained none of his neighbors have complained about which way the fence boards are facing. He also indicated the neighbor has stuff along the fence and three big dogs, one of which is vicious. They put up the fence because of safety for his children. against a cyclone fence. He also explained it has to be turned around so the finished side faces the neighbor and also have an area under the fence to get in a weed whacker to maintain the nuisance growth. Mr. Ervin asked what they plan to do and the timeframe he needs to get it done. Mr. Dickerson explained he plans to put in a shed and would like to put in a white vinyl fence and asked if he could have until the spring. Mr. Ervin asked if there were any questions from Board members. Ms. Windhorst indicated ed. He explained he recently got married and they are making other changes also and would like to do everything together. Mr. Castor asked if they plan on pulling a permit for a new fence. Mr. Dickerson replied yes. Mr. Castor indicated if he pulled the permit, it could help the case for the existing fence. Mr. Ervin indicated he needs to consider removing the cyclone fence when the new fence goes in. Mr. Ervin asked for any public participation. Being none, he asked for a motion. Board of Ordinance Appeals December 13, 2021 Regular Meeting Page 5 Moved by Stickney, supported by Windhorst, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34828 Campus Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding as follows: property owner to apply for a new fence permit by December 27, 2021 and to have the fence installed by March 15, 2022. 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, Smith No: None Absent: Martin Motion Carried. d. G21-0311 Skibinski, Edward S. 44233 Donley 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. Lorraine Starnes addressed the Board. She explained, from a letter of 2019, the Board asked her to fix the trim on the garage, gutters, and trim on the house. She contacted a company to come in to do the trim and the gutters. That contractor said she needed a new roof on the garage too. She hired them and it cost $12,900. Then last year she received a letter which said she needed to paint the garage. The contractor painted the garage in March but power washed it first which put spots (holes) where you could see right into the garage. In the summer, her son patched the side of the garage and the wood filler is what is showing. which would be safe for dogs. Mr. Ervin indicated there should be some kind of ground cover but that area needs to be cleaned up and mowed. Mr. Ervin indicated the backyard Mr. Ervin asked if there were any questions from Board members. Mr. Stickney asked if she owns the property. Ms. Starnes indicated that her mother and father, in their will, left the house to her, her daughter and her two sons. Mr. Stickney asked how much time she needs to take care of the problems. She asked for a week to move the stuff to the garage. She was unsure about the weeds. Mr. Ervin asked for any 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 44233 Donley 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: Stickney, Windhorst, Ervin, Mandl, Smith No: None Absent: Martin Motion Carried. e. G21-0312 H & S Singh Sunny Square Inc 37180 37246 Dequindre Road Code Enforcement Coordinator, Dana Vietto, stated as of today there has been contact with the owner and there have been changes to the property. She indicated they are asking for a standing order for this property. This property has been sent to this Board two times this year, one time in 2018, and four times in 2016. Over the last six years, we have had 31 enforcement cases at this property. Twenty-five of them were for trash and debris. This property has a constant problem with loose trash, overflowing dumpsters and trash being left around the dumpsters. This property is subject to ongoing monitoring by Code Enforcement due to the frequency of violations and complaints we receive. Since 2016, the City has billed the property owner well over $5,000 for code related issues. The owner of this property has been contacted several times regarding the abundance of trash and debris constantly at this property. Board of Ordinance Appeals December 13, 2021 Regular Meeting Page 6 Residents and business owners 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. We 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 that the Board can use, if it chooses to do so, in time. That language has been handed out to each of you tonight for your 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. Ryan Kattoo, 31000 Northwestern Hwy., Suite 200, Farmington Hills, addressed the Board. Mr. Kattoo explained he has not been involved with the property since 2016, he is now the property manager who has recently been hired to take over for Sunny Square. He just came from the property and a lot of the garage is gone. They have a sweeping company, which they pay $600 a month, to sweep the property and have people to come once in a while to clean the center. He indicated with a busy center garbage exists and they will do extra steps to do what they can to remediate it. The ownership feels they are under the a neighbor or someone who is constantly monitoring them. He indicated he visited other centers and they have just as much garbage and it seems they are continually getting violations. He stated the dumpsters are being serviced six days a week. He has informed the tenants they cannot leave garbage by their back doors. They have identified one of the tenants who are not breaking down their boxes and they promised they will do that now. He has been hired to monitor the center and elevate the problem. He indicated they service over 100 shopping centers in Metro Detroit and wanted to share photos of what he saw today at other centers. Mr. Ervin indicated they can only discuss his case and he would have to take it up with the city during regular business hours. He asked Mr. Kattoo when he started managing this found out the sweeping company was taking care of the front of the center but not the back so he will start doing the back also. They have talked with the tenants and told them they will take action against them if they are causing the problem. They are also looking into a compactor to help with the problem. They are open to suggestions and are willing to work with the city to get this resolved. Mr. Ervin asked if there were any questions from Board members. Mr. Castor asked Mr. Kattoo if additional dumpsters have been considered. Mr. Kattoo explained he feels a around. He then indicated an additional dumpster is a possibility. Mr. Castor explained that if they did get another dumpster, it would have to be in a dumpster enclosure. Ms. Vietto displayed a photo of the dumpster area. Mr. Kattoo asked about adding another dumpster and widening the enclosure area. Mr. Castor indicated he would have to submit a plan of what they would like to do. Mr. Kattoo indicated he will also make sure the address is up on the sign and the garbage issue will be taken care of. Mr. Ervin asked for any further questions from the Board. Being none, he asked for any public participation. 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 37180 37246 Dequindre Road and to direct the Code Official to abate the violations 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 year to address such conditions in order to ensure a safe and compliant site. The cost of remediating the frequent violations has exceeded $1,228.00. Board of Ordinance Appeals December 13, 2021 Regular Meeting Page 7 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 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. Mr. Ervin asked if there were any comments from Board members. Being none, he asked for a roll call vote. Yes: Windhorst, Stickney, Ervin, Mandl, Smith No: None Absent: Martin Motion Carried. 10. Public Participation None. 11. Adjournment Motion by Stickney, supported by Windhorst, to adjourn the meeting. Yes: All. Absent: Martin Motion carried. The meeting was adjourned at 8:12 p.m. Respectfully submitted, Robert Ervin Chairman Julie Windhorst Secretary Board of Ordinance Appeals Board of Ordinance Appeals