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 August 20, 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 (excused), 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 – G14-0200, G14-0201, G14-0205, G14-0208 & G14-0209 4. Removal of Consent Items to New Business a. Moved item 3 to New Business 9a. G14-0198 Chand, Naresh & Sunita – 2567 Metropolitan Parkway b. Moved item 7 to New Business 9b. G14-0202 JP Morgan Chase Bank, N.A. – 41825 Marold Drive c. Moved item 8 to New Business 9c. G14-0203 Clarin, Manuel & Librada – 5150 Franklin Park Drive d. Moved item11 to New Business 9d. G14-0206 Azus, Samir – 39646 University Drive 5. Approval of Agenda Motion by Kollmorgen, supported by Sauger to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Palmeri, supported by Kollmorgen, RESOLVED, to approve the Consent Agenda as amended: 1. To approve the minutes of the regular meeting of July 23, 2014, as presented. 2. G14-0197 Bae, Sun Hee – 2626 Cobden Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2626 Cobden 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. G14-0199 Tolentino, Melita D. – 2514 Michael Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2514 Michael 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. G14-0204 Saffo, Sid & Jiddou, Lena – 14261 Lacavera Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14261 Lacavera 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. 5. G14-0207 PHH Mortgage Corporation – 35407 Mustang Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 35407 Mustang 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. Ordinance Board of Appeals II August 20, 2014 Regular Meeting Page 2 6. G14-0211 Marcus Plaza, LLC. - 33120 Ryan Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 33120 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. Public Hearings 8. Old Business 9. New Business a. G14-0198 Chand, Naresh & Sunita – 2567 Metropolitan Parkway Code Enforcement Officer, Horst Hrinciuc, stated as of today there have been some changes. Pictures were shown at this time. Naresh Chand, owner, was present. Mr. Chand stated that two days after he received the violation the property was cleaned up. Mr. Hrinciuc stated as of today there are still violations on the property. Mr. Hrinciuc showed Mr. Chand the pictures of what violations still exist. Mr. Sauger asked Mr. Chand if the property is currently occupied. Mr. Chand said, “Yes.” Mr. Kremhelmer stated that Mr. Chand is the property owner and he is responsible for the property. Mr. Chand stated that he needs a week to clean up the property. Moved by Sauger supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2567 Metropolitan Parkway and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 27, 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: Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: D’Angelo. Motion carried. b. G14-0202 JP Morgan Chase Bank, N.A. – 41825 Marold Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there have been no changes. The front door is boarded and needs to be painted and added to the agenda statement. Pictures were shown at this time. No property owner was present. Patricia Sawicki, neighbor, was present. Ms. Sawicki stated that the property has been vacant for about three years. The property was purchased by a young gentleman about three years ago. After he owned the property for about six months there was mold growing out of the carpet. The house was such a health hazard he was told to leave and not take anything with him. Since then it has been vacant and nothing has been done to the inside or the outside of the property. Ms. Sawicki stated that she is unable to sell her home because of the property next door. Ms. Sawicki stated that she maintains the grass next door to try to sell her house. William Ede, neighbor, was present. Mr. Ede stated that he spoke to the homeowner and there are so many different kinds of molds in the house that he was advised to tear it down and rebuild the house. Ted Kuchon, real estate agent, was present. Mr. Kuchon stated that there is a lock box on the home, so someone must be coming to the home. Mitch Bialczak, neighbor, was present. Mr. Bialczak stated the he worked for the city for over 25 years and retired from the city. Everyone he has spoken to has told him it will get taken care of and nothing has happened. This property is terrible. The concrete was busted up and the grass never gets cut unless the owner is threatened or the neighbors cut it. He is concerned about the damage the mold might cause the children in the area. Mr. Bialczak stated that they just want what is right and someone here must know who to contact to get something done. Ms. Gerstenberg stated that the city does not get involved with the inside of a property. The city can take care of the outside of the property. This is the first time she has been told of a possible mold issue in the home. Ms. Gerstenberg stated that the city is going to try to find Ordinance Board of Appeals II August 20, 2014 Regular Meeting Page 3 someone at Chase to contact. So far Chase has not responded to our letters. If the Board votes for an immediate abatement then the code enforcement officer will fill out a work order and send it to the city contractor. The city contractor will be out at the property within the next ten days to complete the work on the exterior of the property. Moved by Sauger supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 41825 Marold 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: Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: D’Angelo. Motion carried. c. G14-0203 Clarin, Manuel & Librada – 5150 Franklin Park Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there have been no changes. Nuisance growth needs to be added to the agenda statement. Pictures were shown at this time. Liberty Cole, daughter of owner, was present. Ms. Cole stated that she assumes that her father will take care of the property when he gets back into town in late September. Mr. Kremhelmer stated that the first violation was in April and in July the homeowner stated that the work would be done in a week. Ms. Cole stated that the renters told her that the roofers never showed up. Mr. Kremhelmer asked Ms. Cole if she has the authority to get the work done. Ms. Cole stated, “Yes.” Ms. Cole stated that she does not have the funds to get the work done. Ms. Cole stated that she has a hard time contacting her parents but she could probably try to get a hold of a family member over there. Mr. Kremhelmer asked Ms. Cole if she could get the property cleaned up within two weeks. Ms. Cole stated that she could probably only get the garage roof done and not the landscaping or the house roof. Moved by Sauger supported by Palmeri, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5150 Franklin Park 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: Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: D’Angelo. Motion carried. d. G14-0206 Azus, Samir – 39646 University Drive Code Enforcement Officer, Horst Hrinciuc, stated as of today there have been no changes. Pictures were shown at this time. Samir Azus, owner, was present. Mr. Azus stated that some changes have been done. He just got back into town on the fourteenth. Mr. Azus stated that he does not agree with the refinishing of his deck. The house was vacant for about three or four years before he bought the home. Mr. Sauger asked Mr. Azus when he could have the property cleaned up. Mr. Azus stated that after his vacation, which is planned for the first two weeks in September. Moved by Sauger supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39646 University Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after September 3, 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: Kollmorgen, Kremhelmer, Palmeri, Sauger No: None. Absent: D’Angelo. Motion carried. 10. Public Participation – None Ordinance Board of Appeals II August 20, 2014 Regular Meeting Page 4 11. Adjournment Motion by Sauger, supported by Palmeri to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:52 pm Respectfully submitted. Bruce Kremhelmer Michael Sauger Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II