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 July 20, 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. Chairman D’Angelo called the meeting to order at 3:00 pm 2. Roll Call: Derek B. D’Angelo – Chairman, Michael Sauger – Secretary (excused), 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- 0132, G16-0133, G16 -0134, G16-0135, G16-0138 & G16-0143 4. Removal of Consent Items to New Business- a. Moved item 6 to New Business 9a. G16-0136 Foster, Winfield, Jr. -Trust – 38967 Lowell Court b. Moved item 7 to New Business 9b. G16-0137 Williamsen, James E. – 38264 Warwickshire Drive c. Moved item 10 to New Business 9c. G16-0140 Andreopoulos, Vasiliki & Lambros – 33255 Richard O Drive d. Moved item 11 to New Business 9d. G16-0141 Jones, Traci – 3249 Albany Drive e. Moved item 14 to New Business 9e. G16-0144 Kakos, Salah – 38935 Trawick Court 5. Approval of Agenda Motion by Kollmorgen, supported by Stickney to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Kollmorgen, 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 June 22, 2016, as presented. 2. G16-0139 Shabani, Labinot – 4482 Osmond Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 4482 Osmond Court 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. G16-0142 Salvino & Sons, LLC – 7843 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 7843 Metropolitan Parkway 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. G16-0136 Foster, Winfield, Jr. -Trust – 38967 Lowell Court Code Enforcement Officer, Paul Geiger, stated as of today there have been no Ordinance Board of Appeals II July 20, 2016 Regular Meeting Page 2 changes. Pictures were shown at this time. Winfield Foster Jr., owner, was present. Mr. Foster stated that he is taking care of two houses and things are rough right now. Mr. D’Angelo asked Mr. Foster when he could have it completed. Mr. Foster stated he could have it completed right away. Moved by Kollmorgen supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38967 Lowell Court 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, Stickney No: None. Absent: Sauger. Motion carried. b. G16-0137 Williamsen, James E. – 38264 Warwickshire Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. James E. Williamsen, owner, was present. Mr. Williamsen stated that he had a severe stroke about twenty years ago. This morning he just found out the easement is his. He is going to pave it. Mr. D’Angelo stated that Mr. Williamsen can’t pave the easement it is City property. Mr. Williamsen stated the City took a tree out and sodded it twice. Mr. D’Angelo stated that the right of way needs to be grassed and property needs to be weeded. Mr. Williamsen stated that he will do it. Mr. Kollmorgen asked Mr. Williamsen how long he needs. Mr. Williamsen stated that he needs about two weeks. Moved by Kollmorgen, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38264 Warwickshire Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 3, 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, Stickney No: None. Absent: Sauger. Motion carried. c. G16-0140 Andreopoulos, Vasiliki & Lambros – 33255 Richard O Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Constantine Andreopoulos, owner, was present. Mr. Andreopoulos stated that the shed is partially painted and he is slowly clipping away at the tree so he can paint the rest of the shed. There is an infestation of rats in the area. Mr. D’Angelo stated that he encourages him to contact the City about the rat properties near him. Mr. Andreopoulos stated that the house is a rental and he will put round up on the weeds. He needs until the end of August. Mr. D’Angelo stated that they can’t give him until the end of August. Moved by Kollmorgen, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 33255 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 after August 3, 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, Stickney No: None. Absent: Sauger. Motion carried. Ordinance Board of Appeals II July 20, 2016 Regular Meeting Page 3 d. G16-0141 Jones, Traci – 3249 Albany Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Traci Pettway, owner, was present. Ms. Pettway stated that she cleaned up the weeds and cut the grass. They fixed the fence twice now and her husband is working on fixing the fence. They are having the same person come out and fix it again. Mr. Kollmorgen asked why there was no response from the owner. Ms. Pettway stated that she didn’t contact anyone. She was trying to take care of it until it got to this point. Moved by Kollmorgen, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3249 Albany Drive and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 3, 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, Stickney No: None. Absent: Sauger. Motion carried. e. G16-0144 Kakos, Salah – 38935 Trawick Court Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Salah Kakos, owner, was present. Salah Kakos, sister, was present. Ms. Salah stated that most of the property is cleaned up. The code enforcement officer explained this morning what still needs to be done. Mr. D’Angelo asked Ms. Kakos if they understand what still needs to be done and how much time they need. Ms. Kakos stated that they understand and need a month. Mr. Kollmorgen stated that this has been going on for months and he would only be fine with a week. Moved by Kollmorgen, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 38935 Trawick Court and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 3, 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, Stickney No: None. Absent: Sauger. Motion carried. 10. Public Participation a. G16-0142 Salvino & Sons, LLC – 7843 Metropolitan Parkway A representative for the property showed up to talk about the property. She was late and the case was put on consent agenda. The judgement is an immediate abatement. Mr. D’Angelo explained that to her. The representative stated that this is a landlord- tenant issue. She wanted a time frame as to when they would receive an invoice. Ms. Gerstenberg stated that at the end of today a work order will be given to the City Contractor. The City Contractor has ten days to complete the work and then they follow up with an invoice within about three to six weeks after the work is done. 11. Adjournment Motion by Stickney, supported by Kollmorgen to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 3:43 pm Respectfully submitted. Derek D’Angelo Michael Sauger Chairman Derek D’Angelo Secretary Michael Sauger Ordinance Board of Appeals II Ordinance Board of Appeals II