Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS BOARD OF ORDINANCE APPEALS REGULAR MEETING MINUTES January 24, 2022 The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on January 24, 2022 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, Kathleen Martin, Mike Stickney and Jason Castor City Development Director Absent: Julie Windhorst Also in attendance: Dana Vietto Code Enforcement Coordinator 3. Report from Jason Castor, City Liaison following item from the consent agenda as it has been cleaned up prior to the meeting: G22-0006. 4. Removal of Consent Items to New Business a. Moved item 8 to New Business 9a. G22-0007 Khoshaba, Khoshaba 14171 Mary Grove Drive b. Moved item 9 to New Business 9b. G22-0008 Krisan, Andrea 41305 North Central Drive 5. Approval of Agenda Motion by Stickney, supported by Martin, to approve agenda. Yes: All. Absent: Windhorst. Motion carried. 6. Consent Agenda Moved by Stickney, supported by Martin, RESOLVED, to approve the Consent Agenda as amended. Yes: All Absent: Windhorst Motion carried. 1. Approval of the Minutes Regular Meeting December 13, 2021 2. G22-0001 Skelly, Jordan & Hinchey, Jennifer 39158 Helena Avenue RESOLVED, to declare that a public nuisance exists on the property commonly known as 39158 Helena Avenue 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. G22-0002 Sherfield, Larry 36757 Vine Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36757 Vine 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 January 24, 2022 Regular Meeting Page 2 4. G22-0003 Alloush, Maha 34884 Beaver Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34884 Beaver 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. G22-0004 Expo Properties LLC 11700 Fifteen Mile Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11700 Fifteen 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. 6. G22-0005 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. G22-0009 Van Sterling Property, LLC - 42300 Vandyke RESOLVED, to declare that a public nuisance exists on the property commonly known as 42300 Vandyke 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. G22-0010 Store Master Funding VII, LLC 33032 Dequindre Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33032 Dequindre 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. Public Hearing None 8. Old Business None 9. New Business a. G22-0007 Khoshaba, Khoshaba 14171 Mary Grove 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. Russell Nardi, 14183 Mary Grove, addressed the Board. He indicated understand the laws and way of doing things. His complaint is with their insurance company. He has called them three times to get them to make it look presentable. He explained how he had to stand the board back up in from of the garage, pick up debris, and has watched raccoons and birds go into the upper level which is open. He indicated their insurance company sent someone out but when they were there, they that is still in the backyard. Board of Ordinance Appeals January 24, 2022 Regular Meeting Page 3 Mr. Ervin asked if the homeowners have been to the property at all. Mr. Nardi indicated they just come and pick up the mail. He thinks even though there have been notices sent, company to do something. Mr. Ervin thanked him for coming to the meeting and explaining the situation. Ms. Martin asked if he has any rapport with the son. Mr. Nardi indicated he know where they currently live. Ms. Martin asked how the fire was started. Mr. Nardi explained it had started in the garage. Mr. Ervin asked Mr. Castor if any permits have been pulled. Mr. Castor stated there were none on file. Mr. Ervin asked the Board for any other questions. 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 14171 Mary Grove 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, Martin, Ervin, Mandl No: None Absent: Windhorst Motion carried. b. G22-0008 Krisan, Andrea 41305 North Central 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. She indicated the owner of the property sent an email about 6:00 p.m. and it stated the owner would not be able to attend the meeting due to inclement weather and that the oil stain would be removed when weather permits. Pictures were shown at this time. Mr. Ervin confirmed they received an email and no one was present at the meeting for this property. He indicated the email did not address the entire violation, just the oil stain. He asked if there were any other questions from Board members. Mr. Stickney indicated this is not the first time the property owner has been before the Board. He then stated the initial inspection was December 7th the trash and debris was not picked up. He feels there has been the opportunity to take care of the oil on the driveway and they just have not done it. He also made note that the Board received an email at 6:23 p.m. on the day of the meeting. There was no one present for public participation. Moved by Stickney, supported by Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 41305 North Central 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, Martin, Ervin, Mandl No: None Absent: Windhorst Motion carried. 10. Public Participation Board of Ordinance Appeals January 24, 2022 Regular Meeting Page 4 None. 11. Adjournment Motion by Stickney, supported by Martin, to adjourn the meeting. Yes: All. Absent: Windhorst Motion carried. The meeting was adjourned at 7:19 p.m. Respectfully submitted, Robert Ervin Chairman Mike Stickney Acting Secretary Board of Ordinance Appeals Board of Ordinance Appeals