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 June 18, 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 (excused), Michael Viazanko – Building Official, Paul Geiger- Code Enforcement Officer, Dana Vietto - Recording Secretary 3. Report from City Liaison – Michael Viazanko – Building Official 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 – G14-0087, G14-0091 & G14-0093 4. Removal of Consent Items to New Business a. Moved item 2 to New Business 9a. G14-0085 Mroczkowski, Antoni & Halina–34207 Wilke Drive b. Moved item 5 to New Business 9b. G14-0088 Zaidi, Abid. – 2156 Lindell Road c. Moved item 9 to New Business 9c. G14-0092 Bahri, Jalal & Nazhat – 5533 Paris Drive 5. Approval of Agenda Motion by Kollmorgen, supported by Sauger 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 May 21, 2014, as presented. 2. G14-0086 Bann, Thomas J. – 39360 Durand Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39360 Durand 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. G14-0089 Wosik, Christopher – 33094 Mc Coy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33094 Mc Coy 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. G14-0090 Nationwide Advantage Mortgage Co. – 34407 Preston Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34407 Preston 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. 7. Public Hearings - None 8. Old Business Ordinance Board of Appeals II June 18, 2014 Regular Meeting Page 2 9. New Business a. G14-0085 Mroczkowski, Antoni & Halina – 34207 Wilke Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Antoni Mroczkowski, owner, was present. His son was his interpreter. Mr. D’Angelo stated that work has been done to the property, but there is still a lot of work to be done. Mr. Mroczkowski stated that it has taken him longer than expected and he needs ten to fourteen more days to get it all done. Mr. Kremhelmer asked if the awning enclosure is illegal and should it be removed. Mr. Viazanko stated that the homeowner needs to obtain a permit and not let the permit expire. Mr. Mroczkowski stated that two years ago he applied for a shed permit but did not know it would expire. Mr. Kremhelmer stated that this has been going on for a long time and what makes him think he can complete this in ten days by himself. Mr. Mroczkowski said he will need more time. Mr. Kremhelmer stated that this has gone on too long and he has ignored the city. Moved by Sauger, supported by Kremhelmer, RESOLVED, to declare that a public nuisance exists on the property commonly known as 34207 Wilke Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 2, 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: None. Absent: Palmeri. Motion carried. b. G14-0088 Zaidi, Abid. – 2156 Lindell Road Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Mr. Geiger read the building inspectors report about the garage. Pictures were shown at this time. Abid Zaidi, owner, was present. Mr. Zaidi stated that the presentation was accurate. He bought the house as is and after time it has gotten worse. The code enforcement officer gave him until May to take care of it. Mr. Zaidi stated that he does not have the money to demolish it and is trying to sell the house. Moved by D’Angelo, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2156 Lindell 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. Yes: D’Angelo, Kollmorgen, Kremhelmer, Sauger No: None. Absent: Palmeri. Motion carried. c. G14-0092 Bahri, Jalal & Nazhat – 5533 Paris Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Mr. Geiger added the shed needs to be repaired and painted. Pictures were shown at this time. Nazhat Bahri, owner, was present. Ms. Bahri does not live in the property, her cousin lives there. She stated she was not aware of violations until her cousin told her the sign was posted in the front yard. Mr. D’Angelo asked about the shed that looks like a privacy fence. Ms. Bahri stated that it is not a shed it is a well. Mr. Kremhelmer asked her if she takes water out of the well and drinks it. She stated, “Yes.” Mr. Kremhelmer told her she should have the water tested if it is safe to be drinking. Ms. Bahri stated that they do not drink the water that they use it for watering outside. Ms. Bahri stated that her uncle will be here in August to help her do everything around the property. Mr. D’Angelo stated that most of the violations can be done now. Ms. Bahri said she wants to clean up the yard. Mr. D’Angelo stated that the fence around the yard can be used for a garden but not to enclose the yard. Mr. Viazianko stated that the fence needs to comply with the ordinance and be properly installed. The well pump is categorized as a detached accessory structure and the ordinance is Ordinance Board of Appeals II June 18, 2014 Regular Meeting Page 3 clear. If it is less than fifty square feet it will not require a permit. It still has to comply with setbacks and property maintenance items. What we just saw is a structure that is in need of allot of repair and paint. It needs to be cleaned up and addressed. Moved by D’Angelo, supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5533 Paris Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after July 2, 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: None. Absent: Palmeri. Motion carried. 10. 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 3:52 pm Respectfully submitted. Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II