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 September 20, 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. Chairman called the meeting to order at 3:00 pm 2. Roll Call: Derek B. D’Angelo – Chairman , Michael Sauger – Secretary, Brad Lukas, Ryan Makowski, Michael Stickney, Jason Castor – City Development Director, Paul Geiger – Code Enforcement Officer, Dana Vietto – Recording Secretary 3. Report from City Liaison – Jason Castor 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- 0230, G17-0235 & G17 -0236 4. Removal of Consent Items to New Business- a. Moved item 3 to New Business 9a. G17-0231 Lombardi, John A. – 13470 Clinton River Road b. Moved item 4 to New Business 9b. G17-0232 Darragh, Jordan – 43446 Deborah Drive c. Moved item 6 to New Business 9c. G17-0234 Shamo, Sarmad – 37336 Agar Drive 5. Approval of Agenda Motion by Sauger, supported by Stickney to approve agenda. Yes: All. Motion carried. 6. Consent Agenda Moved by Stickney, 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 August 23, 2017, as presented. 2. G17-0233 Burlingame, C. & K. Trust & First Citizens Bank & Trust Company – 11287 Saar Drive RESOLVED, to declare that a public nuisance exists on the property commonly known as 11287 Saar 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. G17-0231 Lombardi, John A. – 13470 Clinton River Road Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. John Lombardi, owner, was present. Mr. Lombardi stated that he has a use for the container. He has spoken to Denice about it in the past and it will be gone in a few weeks. He stated that the address the container is on is 13480 Clinton River Road. Mr. Makowski asked Mr. Lombardi what he is waiting for to move it. Mr. Lombardi stated that he uses it to secure stuff from theft. He stated that it is on four acres and it is on his property and it doesn’t bother anyone. Mr. D’Angelo stated that he drives by that location and has noticed it and just because someone complains doesn’t mean it’s not in violation. Mr. D’Angelo asked how long he needs to remove it. Mr. Lombardi stated he needs a few weeks. He stated that it is a complaint because someone doesn’t like to see it and there are several in the City that are not removed. Mr. Makowski stated that just because something isn’t violated doesn’t mean it’s not in violation. Ordinance Board of Appeals II September 20, 2017 Regular Meeting Page 2 Moved by Sauger supported by Lukas, RESOLVED, to declare that a public nuisance exists on the property commonly known as 13470 Clinton River 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 4, 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, Lukas, Makowski, Sauger, Stickney No: None. Absent: None. Motion carried. b. G17-0232 Darragh, Jordan – 43446 Deborah Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been some changes. Pictures were shown at this time. Jordan Darragh, owner, was present. Mr. Darragh stated that the larger pieces of wood and furniture need to be removed and he didn’t know about the door. Mr. D’Angelo asked if it will be done in 2 weeks. Moved by Stickney supported by Sauger, RESOLVED, to declare that a public nuisance exists on the property commonly known as 43446 Deborah 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 4, 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, Lukas, Makowski, Sauger, Stickney No: None. Absent: None. Motion carried. c. G17-0234 Shamo, Sarmad – 37336 Agar Drive Code Enforcement Officer, Paul Geiger, stated as of today there have been no changes. Pictures were shown at this time. Jason Gerges, owners’ nephew, was present. Mr. Gerges stated that they have been fighting with the insurance company for three months now. He has contacted a friend and they will do it in ten days. Mr. Makowski asked Mr. Gerges if he will be using the contractor he has a quote from and if they will replace the whole roof. Mr. Gerges stated, “Yes.” Moved by Sauger supported by Stickney, RESOLVED, to declare that a public nuisance exists on the property commonly known as 37336 Agar 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 4, 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, Lukas, Makowski, Sauger, Stickney No: None. Absent: None. 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 3:20 pm Respectfully submitted. Michael Stickney Michael Sauger Chairman Secretary Michael Sauger Ordinance Board of Appeals II Ordinance Board of Appeals II