Housing Board of Appeals Minutes 07-06-2006

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                                  CITY OF MUSKEGON
                          MUSKEGON HOUSING BOARD OF APPEALS
                                  MEETING MINUTES
                                       07/06/06
                                        5:30PM



ATTENDANCE:                 Randy Mackie, Jon Rolewicz, Ed Simmons, Kirk Kolberg, Greg
                            Borgman, Chris Carter

ABSENT:


EXCUSED:                    Nick Kroes

STAFF:                      Carmen Smith, Don LaBrenz, Mark Kincaid, Major Metcalf, Henry
                            Faltinowski

GUESTS:                     Belia Garza (1927 Brunswick), Francisco/Maria Galindo(775
                            Washington), Pat Lamadline(1705 Ruddiman), Jeff Vetter(1663
                            Park-Garage)


Meeting minutes: A motion was made by Jon Rolewicz and seconded by Chris Carter
to approve the June 2006 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.




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DANGEREROUS BUILDING NEW CASES:

EN-060041 – 1927 Brunswick St. – Belia Garza, 1441 Mosedale Ave., Muskegon,
M I 49442

Belia Garza was present to represent case.

Mark Kincaid stated that the house had a fire and has two issues to address after fire
investigation was conducted. 1). The roof was not properly supported and 2).
Problems with the electrical service. Greg Borgman asked was Ms Garza living in the
house and Chris Carter asked if it was the primary residence. Ms Garza said she
wasn’t living there but relatives are. Mark Kincaid stated no one should be allowed to
live in the home at this time. Ms Garza said she doesn’t think she will have the funds
to repair the house, there was no insurance on property. Chris Carter stated Ms
Garza should first get an inspection to see what you’re up against and then access the
situation after that.

Staff Recommendation: Table case until the September 2006 meeting to allow owner
time to obtain permits and provide timeline for repairs and schedule an interior
inspection.

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

A roll call vote was taken:

AYES:                       NAYES:     EXCUSED:                            ABSENT:
                            Greg Borgman
Randy Mackie
                            Jon Rolewicz
                                               Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg


Motion carried.




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DANGEROUS BUILDING REVIEW CASES:

EN-030115 – 775 Washington – Maria/Francisco Galindo – 1873 W. Whitehall
Rd., N. Muskegon, MI 49445

Maria/Francisco Galindo was present to represent case.

Francisco Galindo stated he has worked on the house but now stuck on furnace
because he has bought house next door. Henry Faltinowski stated that he conducted
monthly progress inspections and has made progress on framing board but needs to
get on mechanical, electrical, & plumbing permits. Francisco Galindo said he has
done the plumbing but hasn’t called for inspection yet. He also said he’s worked on
wiring but not finish. Don LaBrenz stated there hasn’t been much progress of late
because Mr. Galindo has focused attention on other projects and this property has
fallen by the wayside. Mr. Galindo stated he took on projects he shouldn’t have and is
thinking about refinancing to complete repairs. Mark Kincaid stated this case has
been ongoing for two years without much progress but if Mr. Galindo should make
progress, renew permits, provide timeline they would delay sending it to City
Commission.

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


Motion made by Chris Carter and seconded by Jon Rolewicz to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
                                               Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg


Motion carried.

PROPERTY MAINTENANCE CODE APPEAL CASES:

1705 Ruddiman - Patricia Lamadline, 1705 Ruddiman, Muskegon, MI 49441


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Patricia Lamadline was present to represent the case.

Ms Lamadline stated she was trying to get a home equity loan and needed more time
to complete repairs.

Staff Recommendation: Grant extension until August 30, 2006 to secure financing
and complete repairs.

Motion made by Randy Mackie and seconded by Chris Carter to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:

Greg Borgman
Randy Mackie
Jon Rolewicz
                                                        Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.

DANGEROUS BUILDING NEW CASES:

EN-060044 – 1663 Park(Garage) – Jeff Vetter, 1663 Park, Muskegon, MI 49441

Jeff Vetter was present to represent case.

Mr. Vetter said he would like extra time to tear it down himself in a couple of weeks.
Ed Simmons asked if Mr. Vetter was aware he needed to obtain permits.

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

Motion made by Jon Rolewicz and seconded by Chris Carter to accept staff
recommendation.




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A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
                                                        Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.

PROPERTY MAINTENANCE CODE APPEAL CASES:

1759 Jefferson – Diane Ostermann, 2936 Orshal Rd, Muskegon, MI 49445

No one was present to represent case.


Staff Recommendation: Grant extension until August 15, 2006 to complete repairs

Motion made by Randy Mackie and seconded by Chris Carter to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:

Greg Borgman
Randy Mackie
Jon Rolewicz
                                               Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.


1845 Kinsey – Sean Mullally, 850 Victor, N. Muskegon, MI 49445

No one was present to represent case.

Mark Kincaid presented letter written by Mr. Mullally for board to review. Mr. Kincaid
said reqarding Item #1, if drain line trap is not sufficient staff would be willing to have

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Mechanical Inspector to take a look at it. Item #2 it was dry when inspected but has
been wet before because it’s stated in letter groundwater has caused small puddles.
The citations of the property maintenance codes states that it has to be water tight and
there are citations in the property maintenance code regarding the drain. Chris Carter
asked if we knew that the City was not the cause of the problem with the groundwater
and have we checked to make sure we’re not the cause. Mark Kincaid said Mr.
Mullally has admitted that there were problems before. Chris Carter asked how long it
would take to check. Mark Kincaid said that upon the customer request DPW could
take a look. Henry Faltinowski said Mr. Mullally is blaming the city sewer
infrastructure for other problems he’s having not what Roxi Wever, housing inspector
found around the foundation wall, the only thing the city can verify is if the city is
responsible for sewage backup we can’t verify if that water is coming in from his
foundation. Chris Carter said it’s important that we’re sure there is no confusion
between sewer and water. Mark Kincaid said we have two issues going on water
coming in from the foundation and the other is a sewer backup, which he trusts the
inspector should clearly know the difference. Mark Kincaid said on items 3 & 4 if the
house was owner occupied it wouldn’t be a problem but because it’s a rental the
support system has to support the floors and currently it does not. It’s a
joist/foundation issue. Henry Faltinowski stated the joist system has been overtly cut,
notched and is starting to fail and even if the home is owner occupied, if joist starts to
fail at any time it should be sistered or re-supported whether you own the home or it’s
a rental it could throw someone into a dangerous building situation.


Staff Recommendation: Deny items #1, #3, #4 and #5 and table Item #2 until next
meeting.

Motion made by Jon Rolewicz and seconded by Chris Carter to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
                                               Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.




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DANGEROUS BUILDING NEW CASES:

EN-060035 – 644 Catherine (Garage) – Yolanda Terrel, 644 Catherine, Muskegon,
MI 49442

No one was present to represent property.


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

Motion made by Randy Mackie and seconded by Jon Rolewicz to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:

Greg Borgman
Randy Mackie
Jon Rolewicz
                                               Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.

EN-060036 –1114 E. Dale Ave – Every/Dawn Tyler, 3765 Michillinda Rd, Twin
Lake, MI 49457

No one was present to represent case.

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

Motion made by Chris Carter and seconded by Randy Mackie to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:             EXCUSED:                    ABSENT:

Greg Borgman

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Randy Mackie
Jon Rolewicz
                                               Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg

Motion carried.



OLD BUSINESS:

Mark Kincaid we had movement on 1271 Eighth that was declared by HBA in March
2006 but new owner came in and permits issued and hopefully will soon come off the
list. Greg Borgman asked about Marshall Redder properties and asked about the
property next to Bolt Hardware. Henry Faltinowski said they are in the process of
writing up Bolt Hardware because of no progress.

NEW BUSINESS:


ADJOURNMENT:                         6:30 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.

                                       Gail Kundinger, City Clerk
                                          933 Terrace Street
                                         Muskegon, MI 49443
                                (616) 724-6705 or TDD (616) 724-6773




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