Housing Board of Appeals Minutes 08-02-2007

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                                  CITY OF MUSKEGON
                          MUSKEGON HOUSING BOARD OF APPEALS
                                  MEETING MINUTES
                                       08/02/07
                                        5:30PM



ATTENDANCE:                 Randy Mackie, Jon Rolewicz, Kirk Kolberg, Ed Simmons

ABSENT:                     Chris Carter, Nick Kroes

EXCUSED:                    Greg Borgman

STAFF:                      Mark Kincaid, Jim Hoppus, Carmen, Don LaBrenz, Ken Murar,
                            Henry Faltinowski, Major Metcalf

GUESTS:                     Tim Chipman (1476 Beidler-Garage), Jasper Love (1850 Park),
                            Selma Bryant (450 W. Southern), Keenan Sims (1969 Wood)

Meeting minutes: A motion was made by Randy Mackie and seconded by Ed
Simmons to approve the June 2007 minutes.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:           ABSTENTION:
                                               Greg Borgman
Randy Mackie
Jon Rolewicz
                                                                           Nick Kroes
                                                                           Chris Carter

Ed Simmons
Kirk Kolberg

Motion carried.

Mark Kincaid stated 387 W. Grand was removed from agenda because
permit was issued and the garage has been demolished by owner.


DANGEREROUS BUILDING REVIEW CASES:

EN-070041 – 1476 Beidler – Garage – Edna Imbault, 5685 Ridge Pine Ct., Cedar
Springs, MI 49319

Tim Chipman, tenant at 1476 Beidler was present to represent case.
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Jon Rolewicz stated from agenda that case was before the HBA board in June 2007
and no permits have been issued and no contact from owner. Mr. Chipman stated he
hasn’t talked to the building inspector but an inspection was conducted to check the
shoring of the garage and he said Mr. Embault couldn’t be present at the meeting
because of an emergency on a septic system. Mr. Chipman said Mr. Imbault would
like to pull a permit in another week and put roof on garage. Mr. Kincaid said building
has supposedly had some shoring done but showed pictures that work was
inadequate for load they are trying to hold. Jon Rolewicz explained process of HBA
decision. Mr. Chipman stated shoring may not be proper now but was braced
temporarily because the whole roof will have to come off and be lowered for trusses.

Staff Recommendation: Declare the building substandard, a public nuisance, and a
dangerous building.


Motion made by Randy Mackie and seconded by Kirk Kolberg to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:            ABSTENTION:

                                               Greg Borgman
Randy Mackie
Jon Rolewicz
                                                                           Nick Kroes
                                                                           Chris Carter

Ed Simmons
Kirk Kolberg


Motion carried.

EN-070048 -1850 Park – Jasper Love, 1850 Park St., Muskegon, MI 49441

Jasper Love was present to represent property.

Jon Rolewicz said the engineering study was suppose to be presented at this meeting.
Mr. Love stated his engineer had a death in his family and was off for two weeks, so
he had to reschedule his appointment for him to get in and take measurements and
he’s working on drawings right now. Jon Rolewicz asked when would the drawings be
finished. Mr. Love said they would be finished in about two weeks.



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Staff Recommendation: Declare the building substandard, a public nuisance, and a
dangerous building.


Motion made by Randy Mackie and seconded by Ed Simmons to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:            ABSTENTION:

                                               Greg Borgman
Randy Mackie
Jon Rolewicz
                                                                           Nick Kroes
                                                                           Chris Carter

Ed Simmons
Kirk Kolberg


Motion carried.

DANGEREROUS BUILDING NEW CASES:


EN-70090 – 450 W. Southern Ave(Garage) – Gertha Walker, 450 W. Southern
Ave., Muskegon, MI 49441

Selma Bryant, niece to owner was present to represent case.

Ms Bryant stated her aunt is a senior citizen in her eighties and she has called the
Inspections Department to let them know her aunt is saving money to have the garage
demolished but is on a fixed income and does not have all the money yet to get a
contractor and is asking on her behalf for more time. They have gotten some quotes
in the $800 - $1000 range. Mark Kincaid said that a dumpster is in the driveway and it
appears some demolition work has already been done. Ms. Bryant said her aunt went
against her better judgement and had someone start taking the siding off and then got
a dumpster and had another person start taking some of the wood. Ms Bryant said
she informed her aunt that she needed a permit and was told the gentleman would get
the permit. Ms Bryant said her aunt wanted to avoid having the city demolish the
garage because she is already struggling to pay taxes. Don LaBrenz asked if person
hired to demolish was a contractor and Ms. Bryant said no. Don LaBrenz stated that
only a licensed contractor could pull the permit. Mark Kincaid said only a licensed
contractor or the homeowner could apply for the permit. Ms. Bryant asked how long
would her aunt have since there was a time limit on the dumpster and she didn’t know

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how trustworthy this person will be. Henry Faltinowski suggested that payment not be
made until job is completed. Randy Mackie suggested Ms Bryant check to see if aunt
would quality for tax exemption.

Staff Recommendation: Declare the building substandard, a public nuisance, and a
dangerous building.

Motion made by Randy Mackie and supported by Kirk Kolberg to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:            ABSTENTION:

                                               Greg Borgman
Randy Mackie
Jon Rolewicz
                                                                           Nick Kroes
                                                                           Chris Carter

Ed Simmons
Kirk Kolberg


Motion carried.

EN-070098 – 1969 Wood – Annie B. Rudd – 1969 Wood, Muskegon, MI 49442

Keenan Sims, grandson to owner who is deceased was present to represent case.

Mr. Sims stated he has obtained a lawyer to go thru probate to become representative
to his grandmother’s estate. He said he’s on a fixed income and would need some
help to do the repairs and has contacted Community Neighborhood Services for help
with the roof and was told he was eligible for funds. Jon Rolewicz asked if Mr. Sims
knew how long it would take to go thru probate and Mr. Sims stated the lawyer said it
would take about 4 to 6 months to get property in his name but if he can be appointed
the representative then things would go faster. Ed Simmons asked if someone was
living in house which Mr. Sims said no. Randy Mackie asked if this property was an
estate and Mr. Sims stated grandmother passed and house was given to his mother
but she moved out and didn’t want it, so he stepped in and paid property off but now
has to go thru probate to get house in his name. Mark Kincaid said the house is in a
fairly decent neighborhood and is a blight on the neighborhood. Jon Rolewicz said he
doesn’t think roof will last the winter. Ed Simmons asked if intent is to move in and Mr.
Keenan said yes. Ed Simmons asked if yard was being kept up and Mr. Sims said he
was making sure grass was mowed regularly.


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Staff Recommendation: Table case until the November 2007 HBA meeting.

Motion made by Randy Mackie and supported by Kirk Kolberg to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:            ABSTENTION:

                                               Greg Borgman
Randy Mackie
Jon Rolewicz
                                                                           Nick Kroes
                                                                           Chris Carter

Ed Simmons
Kirk Kolberg


Motion carried.

EN-070067 – 1497 Division – Anthony Gomez, 165 Hickory St., Spring Lake, MI
49456

EN-070025 – 740 Wesley – Romana Medrano – 740 Wesley, Muskegon, MI 49442

EN-070107 – 222 E. Forest – Nationstar Mortgage LLC, 350 Higland Dr.,
Lewisville, TX 75067

EN-070106 – 1519 Terrace – (Shed/Shanties) – Teresa/Allen Slater – 1519
Terrace, Muskegon, MI 49442

No one was present to represent the above cases.

Staff Recommendation: Declare the buildings substandard, a public nuisance, and a
dangerous building.

Motion made by Ed Simmons and supported by Randy Mackie to accept staff
recommendation.


A roll call vote was taken:




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AYES:                       NAYES:             EXCUSED:                    ABSENT:            ABSTENTION:

                                               Greg Borgman
Randy Mackie
Jon Rolewicz
                                                                           Nick Kroes
                                                                           Chris Carter

Ed Simmons
Kirk Kolberg


Motion carried.

OLD BUSINESS:

Kirk Kolberg asked about 1752 Beach. Mark Kincaid said they are working with owner
and informed him that permits have to be issued within two weeks or case it will go
before the City Commission. Jon Rolewicz ask about 790 Terrace and Mark Kincaid
said the City Commission voted not to concur with the Housing Board so nothing has
happened, no progress has been made.

NEW BUSINESS:



ADJOURNMENT:                         5:55 PM


                                            CITY OF MUSKEGON

 AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES.

The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audiotapes of printed materials being
considered at the meeting, upon twenty-four hours notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City
of Muskegon by writing or calling the following.

                                        Ann Becker, City Clerk
                                          933 Terrace Street
                                         Muskegon, MI 49443
                                (231) 724-6705 or TDD (231) 724-6773




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