Board of Ordinance Appeals II

CITY OF STERLING HEIGHTS NOTICE OF PUBLIC HEARING The Ordinance Board of Appeals II held a public hearing at 3:00 p.m. on Wednesday January 15, 2014 at the 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. Chairman Kremhelmer called the meeting to order at 3:00 pm 2. Roll Call: Bruce Kremhelmer - Chairman, Derek B. D’Angelo – Vice- Chairman, Michael Sauger - Secretary, Al L. Kollmorgen, Paul Palmeri, Denice Gerstenberg - City Development Manager, Horst Hrinciuc - Code Enforcement Officer, Dana Vietto - Recording Secretary 3. Report from City Liaison – Denice Gerstenberg a. All petitioners were notified by first class mail about today’s meeting. Remove the following items from the consent agenda as they have been cleaned up prior to the meeting – G14-0006 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G14-0001 Engel, Gary & Sandra – 11763 Dart Drive b. Moved item 7 to New Business 9b. G14-0007 Kassab, Remon – 38658 Tristram Drive 5. Approval of Agenda Motion by D’Angelo, supported by Kollmorgen to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Kollmorgen, supported by Sauger, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of December 18, 2013, as presented. 2. G14-0002 Dibble, David – 11111 Plumbrook Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 11111 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. 3. G14-0004 Suwais, Kaeis & Suwais, Nasma – 38418 Warwickshire Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38418 Warwickshire Drive 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. G14-0005 Savewo, LLC – 37484 Dundee Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 37484 Dundee 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. 5. G14-0008 Renock, Nicholas & Kimberly & Federal Nat. Mort. Assoc. – 5191 Kreger Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 5191 Kreger 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. 6. G14-0009 Gavrila, Aurel & Elena – 33102 Mc Coy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33102 Mc Coy Drive 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 Ordinance Board of Appeals II January 15, 2014 Regular Meeting Page 2 incurred by the City, as permitted by the applicable city ordinance. 7. Public Hearings - None 8. Old Business 9. New Business a. G14-0001 Engel, Gary & Sandra – 11763 Dart Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there has been some contact with the owner requesting more time. Pictures were shown at this time. Secure overhead garage door was added to the agenda statement. Sandra Engel, owner, was present. Ms. Engel stated that this rental property has had the same tenants for thirteen years. Ms. Engel stated that she overlooked the violation notices because she has been fighting the flu. She would like more time to fix the garage door and the shed but everything else she can get done now. Ms. Engel stated that she has been doing this for 35 years and does not check on her properties unless the tenant calls and needs something. Mr. Kremhelmer stated that he is not in favor of letting this wait until spring. Moved by D’Angelo, supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11763 Dart Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after January 29, 2014. 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: D’Angelo, Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: None. Motion carried. b. G14-0007 Kassab, Remon – 38658 Tristram Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there has been some contact with the owner. Some changes have been made. Pictures were shown at this time. Remon Kassab, owner, was present. Mr. Kassab stated that he needs more time to replace the fence due to the weather. Mr. Hrinciuc stated that the owner will need to pull a permit and the board can give him more time due to the weather. Moved by Sauger, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38658 Tristram Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after March 1, 2014 as long as the permit is pulled by January 22, 2014. 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: D’Angelo, Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: None. Motion carried. 10. Public Participation - None 11. Adjournment Motion by D’Angelo, supported by Kollmorgen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:31 pm Respectfully submitted. Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II