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 22, 2016 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, 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 – G16- 0080, G16-0082, G16 -0087, G16-0089 & G16-0091 b. Please move case number G16-0092 to new business, the city received a letter regarding this property. 4. Removal of Consent Items to New Business- a. Moved item 3 to New Business 9a. G16-0081 Alkasmikha, Sevan – 3257 Barkway Drive b. Moved item 6 to New Business 9b. G16-0084 Mikow, Arkan Y. – 40224 Kraft Drive c. Moved item 7 to New Business 9c. G16-0085 Samona, Manhaal – 42331 Locklin Drive d. Moved item 14 to New Business 9d. G16-0092 Quayle, Dennis L. & Jacalyn-Trust – 15032 Rohan Drive e. Moved item 16 to New Business 9e. G16-0094 Razzaq, Nathon – 13321 Westminister Drive 5. Approval of Agenda Motion by Stickney, supported by Kollmorgen to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Kollmorgen, supported by Sauger, RESOLVED, to approve the Consent Agenda as amended: Yes: All. Motion carried. 1. To approve the minutes of the regular meeting of May 11, 2016, as presented. 2. G16-0083 Mikhaiel, S & Kelyana, I. – 3025 Kipling Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 3025 Kipling 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. G16-0086 Alba, Arthur & Mina – 5277 Peekskill Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 5277 Peekskill 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. G16-0088 Hollewa, Frank S. & Flora – 39435 Byers Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39435 Byers 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 June 22, 2016 Regular Meeting Page 2 5. G16-0090 Dede, Elisaveta L. – 4641 Franklin Park Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4641 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. 6. G16-0093 Elias, Akhnoukh S. – 4663 Chadbourne Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 4663 Chadbourne 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. G16-0095 Powers, Irene – 13371 Westminister Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 13371 Westminister 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. G16-0081 Alkasmikha, Sevan – 3257 Barkway Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Seven Alkasmikha, owner, was present. Ms. Alkasmikha stated that she trimmed the bushes. She did not know that she needed to trim all of them. She rents the house out and doesn’t receive the mail. Mr. Kollmorgen asked how long she needs. She stated that she needs one week. Mr. D’Angelo stated that she should go to the assessing department and change the mailing address. Ms. Gerstenberg stated that a notice of violation was sent to the mailing address on file. It is the homeowners’ responsibility to make sure the address we have on file is correct. When there is no contact from the homeowner regarding the violations the property can be sent immediately to the Ordinance Board of Appeals. Moved by Sauger, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3257 Barkway 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 29, 2016. 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, Sauger, Stickney No: None. Absent: None. Motion carried. b. G16-0084 Mikow, Arkan Y. – 40224 Kraft Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Need to add indoor furniture on front porch to the agenda statement. Pictures were shown at this time. Arkan Mikow, owner, was present. Mr. Mikow stated that there still is some that need to be taken care of. Mr. D’Angelo asked Mr. Mikow if he is aware of what needs to be done. They went over pictures. Mr. Mikow stated that the flowerbeds are not weeds. Mr. Geiger told Mr. Mikow that all weeds need to be removed. Ms. Gerstenberg stated Ordinance Board of Appeals II June 22, 2016 Regular Meeting Page 3 that indoor furniture is not allowed outside and needs to be removed. Mr. D’Angelo stated that the hose needs to be put on a holder. Mr. Mikow stated he will take care of it. Moved by Kollmorgen, supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40224 Kraft 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 29, 2016. 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, Sauger, Stickney No: None. Absent: None. Motion carried. c. G16-0085 Samona, Manhaal – 42331 Locklin Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Manhaal Samona, owner, was present. Owners’ daughter was present also. Ms. Samona stated that there was a fire at the property and they have been working on the inside of the property. Mr. D’Angelo asked if all the heavy equipment is done. Ms. Samona stated, “Yes.” Ms. Gerstenberg stated that the fire was two years ago. The neighbors have been complaining. It has been a long time. Mr. Sauger stated that two months ago the code enforcement officer talked to the contractor and told him what needed to be done. Mr. Sauger agrees with Ms. Gerstenberg it needs to be done right away. Moved by Sauger, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 42331 Locklin 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 6, 2016. 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, Sauger, Stickney No: None. Absent: None. Motion carried. d. G16-0092 Quayle, Dennis L. & Jacalyn-Trust – 15032 Rohan Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Jacalyn Quayle, owner, was present. Ms. Quayle stated a lot of progress has been done. She is having the ash tree removed today. The back deck is manicured and has grape leaves around it. Ms. Quayle stated that she does all the work herself. She is getting ready to sell the other car. Pictures were shown of the work that needs to be done and how full of stuff the van is. Mr. Stickney stated that she was notified on April 18, 2016 of the violations. Mr. D’Angelo stated that there is a lot of work to be done. Mr. Kollmorgen stated that the property owner has been in front of the Board six times. Mr. Geiger stated that there is a lot of nuisance and a lot of debris around the yard. Ms. Quayle stated that she is aware of how it needs to look now. Moved by Sauger, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 15032 Rohan 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: D’Angelo, Kollmorgen, Sauger, Stickney No: None. Absent: None. Motion carried. Ordinance Board of Appeals II June 22, 2016 Regular Meeting Page 4 e. G16-0094 Razzaq, Nathon – 13321 Westminister Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Nathon Razzaq, owner, was present. Mr. Razzaq stated that timing and communication and not being home is the reason his property is not done. He is a single father and works a lot. He needs some more time. Moved by Sauger, supported by Kollmorgen, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13321 Westminister 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 6, 2016. 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, Sauger, Stickney No: None. Absent: None. Motion carried. 10. Public Participation 11. Adjournment Motion by Kollmorgen, supported by Sauger to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:50 pm Respectfully submitted. Derek D’Angelo Michael Sauger Acting Chairman Michael Sauger, Secretary Ordinance Board of Appeals II Ordinance Board of Appeals II