Board of Ordinance Appeals I

CITY OF STERLING HEIGHTS BOARD OF ORDINANCE APPEALS REGULAR MEETING MINUTES August 22, 2022 The Board of Ordinance Appeals held a public hearing at 7:00 p.m. on August 22, 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 Julie Windhorst Absent: None Also in attendance: Jason Castor City Development Director and 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: G22-0206, G22-0209, and G22-0210. 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G22-0205 Bazi, Iman & Nestoris 4215 Bieber Drive b. Moved item 4 to New Business 9b. G22-0207 Khalil, Nahla 34555 Giannetti Drive c. Moved item 9 to New Business 9c. G22-0212 Augustin, Aivan 33449 Clifton Drive d. Moved item 10 to New Business 9d. G22-0213 Rudzinski, Marilyn 36227 Lamarra Drive e. Moved item 12 to New Business 9e. G22-0215 Yaldo, R., Petrus, S. & Shamou, K. 2315 Michael Drive 5. Approval of Agenda Moved by Mr. Stickney, supported by Ms. Martin, to approve agenda. Yes: All Absent: None Motion carried. 6. Consent Agenda Moved by Mr. Stickney, supported by Ms. Martin, RESOLVED, to approve the Consent Agenda as amended. Yes: All Absent: None Motion carried. 1. Approval of the Minutes Regular Meeting August 8, 2022 2. G22-0208 Schmelzle, Jacqueline 34574 Greentrees Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 34574 Greentrees 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 August 22, 2022 Regular Meeting Page 2 3. G22-0211 Chowdhury, Abdur 3124 Alden Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3124 Alden 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. G22-0214 Yousif, Faik 2131 Logan Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2131 Logan 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. G22-0216 43130 Utica, LLC 43130 Utica Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 43130 Utica 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 a. G22-0203 Elias, Firas & Joseph-Jean, Hadeer 35105 Wright Circle house on a corner lot along Wright Circle no pool. Mr. Ervin stated no one was present for this case. He asked for a postponement. Moved by Stickney, supported by Martin, RESOLVED, to postpone case G22-0203 at 35105 Wright Circle to the next scheduled meeting. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. a. G22-0204 Mislivec, Michael 35550 Moravian Drive house on a corner lot along Hayes Road no pool Michael Mislivec, homeowner, addressed the Board. He indicated he has lived there for 18 years and always wanted to put a fence up along Hayes to block vehicle noise. His property is on the corner of Hayes and Moravian. Mr. Ervin asked if the proposed fence would run where the current two-rail fence is. Mr. Mislivec answered yes and stated he is going to put a shorter fence where there needs to be sight clearance. Mr. Ervin asked if the property line is where the two-rail fence is currently. Mr. Mislivec answered yes. Mr. Mislivec asked about the 25-foot sight clearance and if he would be able to get that reduced to a 10-foot sight clearance. Mr. Ervin explained there is a plan to eventually put a sidewalk along Hayes. He asked Mr. Castor to comment. Mr. Castor explained because there will be a sidewalk there, and if it was reduced it could potentially put future pedestrians at a disadvantage walking along that sidewalk. Mr. Ervin asked for any questions from the Board. Being none, he asked for public participation. Also being none, he asked for a motion. Board of Ordinance Appeals August 22, 2022 Regular Meeting Page 3 Moved by Stickney, supported by Martin, RESOLVED, to approve case G22-0204 at 35550 Moravian 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, and 4 Any violation of these conditions will render the variance void. Mr. Ervin asked for any comments from the Board. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion Carried. 8. Old Business None. 9. New Business a. G22-0205 Bazi, Iman & Nestoris 4215 Bieber 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. Iman Bazi, homeowner, addressed the Board. son explained they have taken down most of the structure and left the roof part because they are applying for a permit for an awning. They are working on cleaning up the debris. There was discussion regarding the fence separating the yard from the garden area. Mr. Castor explained they need a separate permit for a screening fence. He also indicated they need to maintain it and put in the top rails, etc. Mr. Ervin asked how much time they need to complete the cleanup. The son explained they can really only work at it on weekends and asked for about three weeks. Mr. Ervin asked for any questions from the Board. Mr. Stickney asked if they have a garage and can put any of the debris in there. The son answered yes and explained they are putting some things in there but are working on getting rid of other specific questions, for instance about the fence. Ms. Bazi indicated she did in the past and got a permit for the fence. Mr. Ervin asked for any further questions from the Board. Being none, asked for public participation. Also being none, he asked for a motion. Moved by Mr. Stickney, supported by Ms. Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 4215 Bieber 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 1, 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. Board of Ordinance Appeals August 22, 2022 Regular Meeting Page 4 Mr. Ervin asked for any comments from Board members. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. b. G22-0207 Khalil, Nahla 34555 Giannetti 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. Karim Sinanovic, tenant, addressed the Board. He explained they have been working on the issues. They have someone scheduled to do the painting on September 15th. He explained they will take care of the weeds. Mr. Ervin asked about the restoration of the lawn. He explained someone came and sprayed strong chemicals on the lawn. They tried to be remediated in those areas. Mr. Ervin suggested to remove some of the soil and put sod down. Mr. Ervin asked how much time he needed to clean up the weeds and restore the lawn areas. Mr. Sinanovic stated he could get the weeds cleaned up by the weekend but he will have to find out about the lawn. Mr. Stickney asked who owns the property. Mr. Sinanovic stated Nahla Khalil but she co maintenance. Mr. Sinanovic answered not for maintenance. Mr. Ervin asked for any other questions from the Board. Being none, asked for public participation. Also being none, he asked for a motion. Moved by Mr. Stickney, supported by Ms. Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34555 Giannetti Drive and to direct the Code Official to abate the violations identified in the attached staff reports which give rise to this finding: landscape maintenance by September 1, 2022 and painting the trim by September 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. Mr. Ervin asked for any comments from Board members. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. enalized again for that. Mr. Ervin indicated if he puts in sod in those areas, to give the inspector or the code enforcement department a call and they can come out and review it. c. G22-0212 Augustin, Aivan 33449 Clifton 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. Board of Ordinance Appeals August 22, 2022 Regular Meeting Page 5 Mr. Ervin stated the homeowner was not present but a neighbor wanted to speak about the property. Robert Kranson, 33461 Clifton, addressed the Board. He explained this property has been through a few renters over the past couple years. He has cut the grass a few times on his own and his kids have even done landscaping cleanup started to see critters come around and is concerned the house is unoccupiable. He understands the last renters left because there was a mold issue. He was in the house with the owner checking that out and he did not see any mold. The place has been sitting empty for about 10 months. He asked what the city might have in mind for the house. Mr. Ervin explained they just get the backup material for the property and asked Mr. Castor to comment. Mr. Castor explained handling the exterior of the property is easier for them to handle rather than getting into the home. They would need to track down ownership and have them let the city in the home for inspection or if there is no contact with the owner, they would have to go through court proceedings in order to get in the home. He indicated it is something they can look into. Mr. Kranson explained they have been good the last two weeks about cutting the lawn but he is concerned when winter comes it could bring on other problems if the home is unoccupied. They have dealt with a lot over the past five years. Mr. Ervin asked for a motion. Moved by Mr. Stickney, supported by Ms. Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33449 Clifton 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. Mr. Ervin asked for any comments from the Board. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. d. G22-0213 Rudzinski, Marilyn 36227 Lamarra 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. She indicated the homeowner was unable to attend the meeting but submitted a letter which outlined their plan for each item and they asked for a little more time. Pictures were shown at this time. Mr. Ervin explained the letter from the homeowner asked for a week extension to finish the cleanup. Mr. Ervin asked for public participation. Being none, he asked for a motion. Mr. Stickney pointed out that the initial inspection was March 18th. The email (letter) received from the owner was at 12:03 p.m. today. Moved by Mr. Stickney, supported by Ms. Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 36227 Lamarra 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 August 22, 2022 Regular Meeting Page 6 Mr. Ervin asked for any comments from the Board. Being none, he asked for a roll call vote. Yes: Stickney, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. e. G22-0215 Yaldo, R., Petrus, S. & Shamou, K. 2315 Michael 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. Ron Yaldo, homeowner, addressed the Board. He indicated he was confused about which tree, talked to inspectors, and will have a tree service schedule to cut down the tree. Mr. Ervin asked if he has a date from the tree company. Mr. Yaldo stated they were supposed to do it this Friday but is having problems with him. He is in the process of looking for another company. If Mr. Ervin asked how much time he needs to complete it. Mr. Yaldo asked for 10 to 14 days. Mr. Ervin asked for any further questions from the Board. Mr. Stickney asked about the trees. Mr. Yaldo explained he cut part of another one and dead tree. Mr. Yaldo said it had been like that inspectors were talking about. Mr. Ervin asked for any further questions. Being none, he asked for public participation. Also, being none, he asked for a motion. Moved by Mr. Stickney, supported by Ms. Martin, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2315 Michael 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 1, 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, Martin, Windhorst, Ervin, Mandl No: None Absent: None Motion carried. 10. Public Participation None 11. Adjournment Motion by Mr. Stickney, supported by Ms. Martin, to adjourn the meeting. Yes: All Absent: Windhorst 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