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 23, 2017 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. Secretary Sauger called the meeting to order at 3:00 pm 2. Roll Call: Derek B. D’Angelo – Chairman , Michael Sauger – Secretary, Brad Lukas (excused), Michael Stickney, Ryan Makowski, Paul Zdzieblowski, Denice Gerstenberg – City Development Director, Craig Serafino– 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 – G17- 0185, G17-0186, G17 -0187, G17-0190, G17-0195 & G17-0198 4. Removal of Consent Items to New Business- a. Moved item 9 to New Business 9a. G17-0188 Selman, Donald – 5395 Plymouth Street b. Moved item12to New Business 9b. G17-0191 Polish Army Vets Assoc Dist 6 – 13707 Clinton River Road c. Moved item15 to New Business 9c. G17-0194 Koski, James & Mary Kay – 40729 Irval Drive d. Moved item 17 toNew Business 9d. G17-0196 Sterling Manor/Casa Bella Property Mngt. Inc./Berishaj, Lule- 39417 Van Dyke e. Moved item 21 to New Business 9e. G17-0200 Asmar, Marwan & Marwa – 3436 Lancaster Drive 5. Approval of Agenda Motion by Stickney, supported by Zdzieblowski to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Zdzieblowski, 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 July 19, 2017, as presented. 2. G17-0181 7750 Metro, LLC – 7750 Metropolitan Parkway RESOLVED, to declare that a public nuisance exists on the property commonly known as 7750 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. 3. G17-0182 Elia, Nasser & Elia, Raymond – 2531 Cobden Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 2531 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. 4. G17-0183 Alsaigh, Lika – 43211 Coralbean Court RESOLVED, to declare that a public nuisance exists on the property commonly known as 43211 Coralbean 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 Ordinance Board of Appeals II August 23, 2017 Regular Meeting Page 2 amount of the cost of abatement incurred by the City, as permitted by the applicable city ordinance. 5. G17-0184 Gill, Sukhbir & Rajwinder – 40360 Denbigh Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 40360 Denbigh 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. G17-0189 Red Run II LLC c/o Broder & Sachse R.E. Services – 34851 Schoenherr Road RESOLVED, to declare that a public nuisance exists on the property commonly known as 34851 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. 7. G17-0192 Hollen, Mary & Margaret – 11672 De Clerck Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11672 De Clerck 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. G17-0193 O’Conner, Sean & Susan – 39350 Farmhill Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 39350 Farmhill 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. G17-0197 Starcher, Frederick & Mary – 11741 Chattman Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11741 Chattman 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. G17-0199 Kniga, B & Jerome J. & US Bank National Assoc. – 37865 Hanson Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 37865 Hanson 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. 11. G17-0201 Lok, Jason – 38830 Sutton Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 38830 Sutton 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 Ordinance Board of Appeals II August 23, 2017 Regular Meeting Page 3 8. Old Business 9. New Business a. G17-0188 Selman, Donald – 5395 Plymouth Street Code Enforcement Officer, Craig Serafino, stated as of today there have been some changes. Pictures were shown at this time. Donal Selman, owner, was present. Mr. Selman stated that he is working on removing the tree and it should be down this weekend. Mr. Zdzieblowski asked if one week is enough time. Mr. Selman stated that two weeks would be good. Moved by Zdieblowski supported by Makowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 5395 Plymouth Street and to direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after September 6, 2017. 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, Makowski, Sauger, Stickney, Zdzieblowski No: None. Absent: Lukas. Motion carried. b. G17-0191 Polish Army Vets Assoc Dist 6 – 13707 Clinton River Road Code Enforcement Officer, Craig Serafino, stated as of today there have been some changes. The back-up includes the letter and hazardous tree report. Pictures were shown at this time. Jerry Rozewski, representative, was present. Mr. Rozewski stated that two letters were sent to the City answering the issues. Everything has been taken care of except the tree. The tree is on the property line and the other property owner will be buying some of the land. Mr. Rozewski stated that the inspector only gave them 7 days. The tree will be cut by veterans or property owner. Gregory Zoljeck, representative, was present. Mr. Makowski asked if the roof was repaired. Mr. Zoljeck stated they are working with a contractor to fix the roof. Mr. D’Angelo asked how long it will take to remove the tree. Mr. Zoljeck stated it will be 60 days at least depending on the purchase of the property. Mr. D’Angelo stated that it is too long it needs to be removed sooner. Mr. Zoljeck stated he needs 30 days. Mr. Serafino stated that he was at the property this morning and they did fix the front trim but the side trim needs to be fixed. Mr. Zoljeck stated that he doesn’t understand what needs to be trimmed up. The Board went through the pictures with him. Mr. D’Angelo stated that the inspector has been out there six times. Mr. Sauger stated that the letter from the attorney says that they want to save the tree. The tree is a hazard and needs to be removed. Mr. Zoljeck stated that he understood. Mr. D’Angelo asked if in two months everything could be done. Mr. Zoljeck stated, “Yes.” Ms. Gerstenberg asked if the building is being used. Mr. Zoljeck stated that it is being used for offices. Mr. Zdzieblowski asked what the name of the roofing contractor is. Mr. Zoljeck stated he doesn’t know the name but they work as a subcontractor of Hanson roofing. Mr. Boik, neighbor, was present. Mr. Boik stated that the tree is an imminent danger to his house and family. He stated that the commander came over and talked to him and he was belligerent with him. He hasn’t heard anything about a purchase agreement with the property. He offered to buy 50 feet and has not heard back. The commander said it doesn’t need to be removed. Mr. Boik doesn’t believe this tree should be removed by amateurs and it should be removed by professionals because it’s a danger to his property and family. Mr. Sauger asked if Mr. Boik was the person on the purchase agreement. Mr. Boik stated, “No.” Moved by Sauger supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13707 Clinton River Road and to Ordinance Board of Appeals II August 23, 2017 Regular Meeting Page 4 direct the Code Official to abate the violations identified in the attached staff reports, which give rise to this finding after August 30, 2017 for the nuisance growth and the dangerous tree and after September 20, 2017 for the roof and trim. 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, Makowski, Sauger, Stickney, Zdzieblowski No: None. Absent: Lukas. Motion carried. c. G17-0194 Koski, James & Mary Kay – 40729 Irval Drive Code Enforcement Officer, Craig Serafino, stated as of today there have been no changes. Add refrigerator stored outside to agenda statement. Pictures were shown at this time. Mary Kay Koski, owner, was present. Ms. Koski stated that DTE will be picking up the fridge. Mr. D’Angelo stated that the fridge should be put in the garage until then. Ms. Koski stated that she sprayed the nuisance growth and needs to do it again. They are working on getting the garden removed. The daughter stated that she just came back from Mexico. Mr. Makowski asked how long it would take to get the family together and get it done. Ms. Koski stated that they can get it done in a week. Ms. Gerstenberg stated that it is great that she has been working on it. The neighbors have been complaining and it needs to be cleaned all up. Moved by Sauger supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 40729 Irval 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 6, 2017. 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, Makowski, Sauger, Stickney, Zdzieblowski No: None. Absent: Lukas. Motion carried. d. G17-0196 Sterling Manor/Casa Bella Property Mngt. Inc./Berishaj, Lule – 39417 Van Dyke Code Enforcement Officer, Craig Serafino, stated as of today there have been no changes. Pictures were shown at this time. Ms. Gerstenberg stated that this condo complex has been in front of the Board before. It is in bad shape. The City had all the building inspectors out to the property to inspect. The City Council approved that the City take this property to circuit court to force them to clean up and seek reimbursement from our clean ups. Frank Fisher, property owner, was present. Mr. Fisher stated that the maintenance of the entire place is falling short. The fire department put notices on fire extinguishers six weeks ago. It has been four years before they were checked previous to that. The management company doesn’t respond and he would appreciate any effort the City can give them. Carol Johnson, property owner, was present. Ms. Johnson stated that there are BBQ’s on the balconies. They don’t have homeowner meetings. There are security issues there. They pay $1400.00 a month for a maintenance supervisor that does nothing. The homeowners association doesn’t go by the by laws. The people don’t understand what to do. It looks like Detroit. John Mitchel, property owner, was present. Mr. Mitchell stated that his family has been a resident since 1986. There have been no meetings, minutes or financials in 10 years. People do not understand what to do. People are illegally dumping. Casa Bella isn’t going to do anything. Ms. Gerstenberg stated that we do not have a Court date yet it just went in front of Council for approval. Mr. Fisher asked if the property owners will be notified of the Court date. Ms. Gerstenberg stated, “No.” They can call the City for any information. Moved by Zdzieblowski, supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 39417 Van Dyke 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 Ordinance Board of Appeals II August 23, 2017 Regular Meeting Page 5 City, as permitted by the applicable city ordinance. Yes: D’Angelo, Makowski, Sauger, Stickney, Zdzieblowski No: None. Absent: Lukas. Motion carried. e. G17-0200 Asmar, Marwan & Marwa – 3436 Lancaster Drive Code Enforcement Officer, Craig Serafino, stated as of today there have been some changes. Pictures were shown at this time. Marwa Asmar, owner, was present. Mr. Asmar stated that everything in the backyard has been cleaned up. They only received one letter and were on vacation. They hope to have everything done in one week. Mr. Zdzieblowski stated that they need to trim all grass in driveway cracks. Mr. Asmar stated that it is all done. Mr. Serafino stated that the code enforcement officer was at the property today and there is still work to be done. Moved by Sauger supported by Zdzieblowski, RESOLVED, to declare that a public nuisance exists on the property commonly known as 3436 Lancaster 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 30, 2017. 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, Makowski, Sauger, Stickney, Zdzieblowski No: None. Absent: Lukas. Motion carried. 10. Public Participation 11. Adjournment Motion by Sauger, supported by Zdzieblowski to adjourn the meeting. Yes: All. Motion carried. The meeting was adjourned at 4:12 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