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 14, 2015 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. Acting Chairman D’Angelo called the meeting to order at 3:00 pm 2. Roll Call: Derek B. D’Angelo – Vice-Chairman, Michael Sauger – Secretary, Al L. Kollmorgen, (excused), Paul Palmeri, Michael Stickney, Denice Gerstenberg – City Development Director, 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 – G15- 0279, G15-0280, G15-282, G15-285, G15-0288, G15-0290, G15-0292, G15-0298 & G15- 0300 4. Removal of Consent Items to New Business- a. Moved item 10 to New Business 9a. G15-0287 Sieh, Larry – 38769 Fairfield Drive b. Moved item 17 to New Business 9b. G15-0294 Polis, Fareed & Khalil, Isam – 40058 Capitol Drive c. Moved item 18 to New Business 9c. G15-0295 Penalosa, Josephine & Erwin – 39034 Ironstone Drive d. Moved item 22 to New Business 9d. G15-0299 Hanna, Zinah & Fadi – 2882 Belcher Drive 5. Approval of Agenda Motion by Sauger, supported by Stickney to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Sauger, supported by Stickney, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. To approve the minutes of the regular meeting of September 23, 2015, as presented. 2. G15-0281 Wells Fargo Bank, N.A. – 36443 Idaho Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 36443 Idaho 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. G15-0283 The Huntington National Bank – 39627 Dorian Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39627 Dorian 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. G15-0284 Bazi, Ashorina – 4215 Bieber Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4215 Bieber 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. 5. G15-0286 Schmitt, Michael J. – 11166 Forrer Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11166 Forrer 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 14, 2015 Regular Meeting Page 2 6. G15-0289 Colorado Investor’s Group, LLC – 13023 Kinlock Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13023 Kinlock 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. G15-0291 MI Schools & Government Credit Union – 42767 Buckingham Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 42767 Buckingham 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. 8. G15-0293 Agmistar Investments, LLC – 40321 Brentwood Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40321 Brentwood 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. 9. G15-0296 Entensity, LLC – 11256 Plumridge Boulevard RESOLVED, to declare that a public nuisance exists on the property commonly known as 11256 Plumridge Boulevard 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. G15-0297 Nottingham Commercial, LLC – 43761 Schoenherr Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 43761 Schoenherr 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. G15-0301 Chmielewski, Paul – 2141 Newell Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2141 Newell 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. Public Hearing 8. Old Business 9. New Business a. G15-0287 Sieh, Larry – 38769 Fairfield Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Larry Sieh, owner, was present. Mr. Sieh stated that he did some trimming and will do more. Mr. Geiger stated that work has been done to the property but more work still needs to be done. Mr. D’Angelo stated that the homeowner should contact the code enforcement officer and he will tell him what is expected. Ms. Gerstenberg told the homeowner that the code enforcement officer is in the office right now. Mr. Sieh stated that he has to leave and he will call him later. Ordinance Board of Appeals II October 14, 2015 Regular Meeting Page 3 Moved by Sauger, supported by Palmeri, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38769 Fairfield Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 28, 2015. 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, Palmeri, Sauger, Stickney No: None. Absent: Kollmorgen. Motion carried. b. G15-0294 Polis, Fareed & Khalil, Isam – 40058 Capitol Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Bricks on side of house need to be added to the agenda statement. Pictures were shown at this time. Yvette Polis, wife of owner, was present. Ms. Polis stated that they have been working so hard on the inside of the house and they don’t have time for the outside. She is trying to find a company to fix the grass but it is too expensive. The bricks are from the inside of the house. Mr. D’Angelo stated that the property can be cleaned up on a Saturday. Moved by Sauger, supported by Palmeri, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40058 Capitol Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 28, 2015. 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, Palmeri, Sauger, Stickney No: None. Absent: Kollmorgen. Motion carried. c. G15-0295 Penalosa, Josephine & Erwin – 39034 Ironstone Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Erwin Penalosa, owner, was present. Mr. Penalosa stated that he got divorced on Monday and a friend from Canada is coming to do the work. He wants to do it in good weather so the paint doesn’t buckle. Mr. Sauger stated that the homeowner has had since 7-31-15 to fix the property. The nuisance can’t go throughout the winter. He would only be in support of a two week extension. Mr. D’Angelo stated that he understands that the homeowner is busy but everyone is busy and it has to get done. Mr. D’Angelo recommended he fix the property soon or pay someone to fix the property. Moved by Sauger, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39034 Ironstone Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 28, 2015. 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, Palmeri, Sauger, Stickney No: None. Absent: Kollmorgen. Motion carried. d. G15-0299 Hanna, Zinah & Fadi – 2882 Belcher Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Some violations need to be added to the agenda. Interior chairs on porch. Garbage stored incorrectly. Mulch in bags on the front lawn. Downspout needs to be reattached. Pictures were shown at this time. Zinah Hanna, owner, was present. Mr. Hanna stated that he could not do the grass or Ordinance Board of Appeals II October 14, 2015 Regular Meeting Page 4 weeds because his mom and him were in the hospital. They need more time. Mr. Palmeri asked Mr. Hanna if two weeks would be enough time. Mr. Hanna stated, “Yes.” Moved by Palmeri, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 2882 Belcher Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after October 28, 2015. 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, Palmeri, Sauger, Stickney No: None. Absent: Kollmorgen. Motion carried. 10. Public Participation 11. Adjournment Motion by Sauger, supported by Stickney to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:33 pm Respectfully submitted. Derek D’Angelo Michael Sauger Acting Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II