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 May 21, 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 3:07 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, Paul Geiger- 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 – G14-0062 4. Removal of Consent Items to New Business a. Moved item 5 to New Business 9a. G14-0063 Wilhelm, Glenn & Gertrude – 8247 San Marco Blvd b. Moved item 7 to New Business 9b. G14-0065 Simmons, Michael S. – 44200 Gibson Drive 5. Approval of Agenda Motion by Kollmorgen, supported by D’Angelo to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by D’Angelo, supported by Kollmorgen, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of April 16, 2014, as presented. 2. G14-0060 Fifth Third Bank – 35000 Moravian Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35000 Moravian 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. 3. G14-0061 Parsons, Michael & Michelle – 37445 Dodge Park Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 37445 Dodge Park 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. 4. G14-0064 Federal National Mortgage Assoc. – 8717 San Marco Blvd RESOLVED, to declare that a public nuisance exists on the property commonly known as 8717 San Marco Blvd 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 Hearings - None 8. Old Business 1. G14-0038 Folz, Marty & Beth – 40360 Ryan Road Code Enforcement Officer, Paul Geiger, stated that there were new photos taken and that the City arborists report stated that the tree should be removed. Pictures were unable to be shown at this time. Marty Folz, owner, was present. Mr. Kremhelmer stated that at the last meeting we postponed this case to ask the City arborist to revisit the tree that was in dispute. The arborist has provided another letter. Mr. D’Angelo stated that the risk of other trees getting infected from this tree is high. Mr. Folz stated that the tree is not a hazard to people and that he would address the issue if the other trees got infected. He stated that the tree should go through its normal process. Mr. Geiger was able to show pictures at this time. Mr. D’Angelo stated that the resident has stated it is his choice to keep the tree but there are ordinances and this tree should be removed. Mr. Sauger stated that the tree is a decaying tree with fungus and all of his questions have been answered by the City arborist and should be removed. Mr. Kremhelmer pointed out that the ordinance that we are addressing today is in the city code 51-16, diseased or dangerous trees must be removed. We have an Ordinance Board of Appeals II May 21, 2014 Regular Meeting Page 2 arborist report that states that the tree should be removed. Moved by Sauger, supported by D’Angelo, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40360 Ryan Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after June 4, 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. 9. New Business a. G14-0063 Wilhelm, Glenn & Gertrude – 8247 San Marco Blvd Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Gertrude Wilhelm, owner, was present. Ms. Wilhelm stated that her son is working on the house and they are putting the house up for sale. Mr. Kollmorgen asked how long the gutters have been down. Ms. Wilhelm stated the gutters were taken down when the home was resided about a year ago. Moved by D’Angelo, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 8247 San Marco Blvd and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after June 4, 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, Sauger No: Palmeri. Absent: None. Motion carried. b. G14-0065 Simmons, Michael S. – 44200 Gibson Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Michael Simmons, owner was present, this property is a vacant rental property. Mr. Simmons stated that some of the landscaping issues are being taken care of today. Mr. Sauger asked Mr. Simmons how long it will take to fix all of the other violations on the property. Mr. Simmons stated about a week or two. Mr. Kremhelmer asked Mr. Geiger to explain to Mr. Simmons what needs to be done on his property. Mr. Geiger stated that the siding on house and garage needs repairs and all landscaping and weeds/brush needs to be taken care of. The trees next to the building need to be removed also. Moved by Kollmorgen, supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 44200 Gibson Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after June 4, 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. 8. Public Participation – None 11. Adjournment Motion by D’Angelo, supported by Sauger to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:40 pm Respectfully submitted. Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II