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 October 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 (excused), 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 – G14-0288, G14-0289, G14-0290, G14-0292, G14-0297, G14-0298, G14-0302 & G14-0304. 4. Removal of Consent Items to New Business- a Moved item 24 to New Business 9a. G14-0306 Schuster, Mathias – 11198 Canal Road 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 D’Angelo, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. To approve the minutes of the regular meeting of September 17, 2014, as presented. 2. G14-0284 Shwi, Clara & Clodia – 33573 Richard O Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33573 Richard O 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. G14-0285 Swack, Jonathan M. – 34064 Viceroy Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34064 Viceroy 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. G14-0286 HSBC Bank USA, N.A. – 2332 Winston Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2332 Winston 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. G14-0287 Younan, Damon – 39638 Crystal Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39638 Crystal 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 October 15, 2014 Regular Meeting Page 2 6. G14-0291 Stefani, Paul – 34070 Coachwood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34070 Coachwood 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. 7. G14-0293 Gray, Carl L. Jr. & Donna R. – 5368 Kreger Street RESOLVED, to declare that a public nuisance exists on the property commonly known as 5368 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. 8. G14-0294 Adams, Erica N. – 33537 Twickingham Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 33537 Twickingham 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. 9. G14-0295 Jacobi Housing LLC – 34124 Tyler Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 34124 Tyler 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. 10. G14-0296 Danial, John – 14107 Wedgewood Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 14107 Wedgewood 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. 11. G14-0299 Thomas, Shirley Cherian – 41842 Cardamon Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 41842 Cardamon 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. 12. G14-0300 Bettinger, Michael & Melanie – 14590 Hope Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 14590 Hope 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. 13. G14-0301 Hepp, Gregory & Michelle – 42103 Utah Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42103 Utah 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. 14. G14-0303 Moceri, William & Sharlene – 40305 Republic Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40305 Republic 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. Ordinance Board of Appeals II October 15, 2014 Regular Meeting Page 3 15. G14-0305 Shakir, Hana – 2121 Lindell Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 2121 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. 7. Public Hearings 8. Old Business 9. New Business a. G14-0306 Schuster, Mathias – 11198 Canal Road Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Sandra Wolf, daughter of owner, was present. Elizabeth Wolf, grand-daughter of owner, was present. Elizabeth Wolf lives at the residence. Ms. Wolf stated that a lot of work was completed today. She stated that she still needs to take care of the nuisance growth. Mr. Sauger asked Ms. Wolf if the blocks have been taken care of. Ms. Wolf stated the blocks are still there and she will be using them to build a patio. Mr. D’Angelo asked Ms. Wolf when the patio will be started and how long the blocks have been there. Ms. Wolf stated she will probably have the patio built in about three weeks and the blocks have been there for about a year. Mr. Kremhelmer stated that they all agree that progress has been made on the property. Mr. Geiger went through the pictures again to clarify what has been completed on the property. Mr. Kollmorgen stated that he would be in favor of giving two weeks to finish the property, since she has done a lot of work in a short amount of time. Moved by D’Angelo supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 11198 Canal Road and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 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, Sauger No: None. Absent: Palmeri. Motion carried. 10. Public Participation a. Jennifer Swack, owner of property address 34064 Viceroy Drive, was present. She was late coming into the meeting. Mr. Kremhelmer stated that the Board can’t hear her case now. It states on the agenda that it is absolutely imperative that you are here by 3:00p.m. if you intend to speak about a property. He recommended that she speak to her code enforcement officer after the meeting. 11. Adjournment Motion by Sauger, supported by Kollmorgen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:20 pm Respectfully submitted. Bruce Kremhelmer Michael Sauger Bruce Kremhelmer, Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II