Housing Board of Appeals Minutes 05-05-2005

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                               CITY OF MUSKEGON
                       MUSKEGON HOUSING BOARD OF APPEALS
                               MEETING MINUTES
                                    05/05/05
                                     5:30PM



ATTENDANCE:                 Randy Mackie, Greg Borgman, Nick Kroes, Jon Rolewicz,
                            Ed Simmons, John Warner, Clara Shepherd

ABSENT:

EXCUSED:


STAFF:                      Henry Faltinowski, Carmen Smith, Don LaBrenz, Anthony
                            Kleibecker, Kevin Stier, Major Metcalf,

GUESTS:                     Victor Rockafellow (765 Washington) Bryon Mazade, John
                            Schrier, Dollie Hippchen (Nelson Neighborhood Assoc.)



Meeting minutes: A motion was made by John Warner and seconded by Jon
Rolewicz to approve the April minutes. Anthony Kleibecker noted correction that
should be made on May Agenda regarding interior inspection for 765 Washington
dated 05/28/05 should be 05/28/04.

A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Sheperd
Ed Simmons
John Warner

Motion carried.




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DANGEROUS BUILDING NEW CASES:

Removed from Agenda – 2174 Blodgett (Garage Only) – Virginia M. Gray,
2174 Blodgett St., Muskegon, MI 49441

EN-050100 –765/769 Washington – Victor Rockafellow, 1450 Leahy,
Muskegon, MI 49442

Victor Rockafellow was present to represent this case.

Mr. Rockafellow had disagreements with the Inspection Department on electrical
issues and housing inspection. He stated he had put in a new foundation and
purchased new windows and was unaware that permits had expired. He said his
plan was to install vinyl siding this summer but all repairs would take about a year
because of limited time and resources. Greg Borgman reviewed pictures. Clara
Shepherd asked about land contract, when purchased, how long did it take for
property to get in the shape it’s in now and if purchased for rental property. Mr.
Rockafellow stated property was purchased on land contract in 1996 and that
renters caused $5000.00 damage within two years. Henry Faltinowski stated only
one inspection had been done and there had been no contact with owner since
that time and added a timeline should have been set to complete repairs.
Anthony Kleibecker clarified the difference between a Certificate of Compliance
and Certificate of Occupancy and why the structure was put on the dangerous
building list.

Staff Recommendation: Table for 30 days pending inspection and establish
timeline for repairs at HBA June 2005.


A motion was made by Nick Kroes and seconded by John Warner to accept staff
recommendation.

A roll call vote was taken:

AYES:                       NAYES:                      EXCUSED:                    ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Sheperd
Ed Simmons
John Warner

Motion carried.


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DANGEROUS BUILDING NEW CASES:


EN-050091 – 2355 Lincoln – Joseph L. Hock, 1949 Mill Iron Rd, Muskegon,
MI 49442

No one was present to represent this case.

Anthony Kleibecker showed pictures stating there had been a fire at the property
early this year. Henry Faltinowski stated an inspection had been conducted on
04/27/05 at which time the owner stated his plans to save half the home.

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

A motion was 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
Clara Sheperd
Ed Simmons
John Warner

Motion carried.



OLD BUSINESS:


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Nick Kroes asked about 243 W. Southern, which was declared by HBA but
noticed new paint job to cover damage. Nick also reported 214 Catherine, 246
E. Isabella and 1900 McIlwraith abandoned and in bad shape. Clara Shepherd
mentioned “fearsome four” would be looking at Area 12 May 10, 2005. Ms
Shepherd asked about property next to St. Joseph Tot Lot where she observed
work being done without a permit and home still boarded up. Ms Shepherd also
asked about structure on Muskegon Ave between Sixth and Fifth that has a tag
with no work being done. Ms Shepherd also reported on Sixth St between
Webster and Muskegon Ave., which appears to be an abandoned structure with
electrical box open with wires torn out.

NEW BUSINESS:

Board wanted to present ideas that could possibly be used to prevent structures
from falling into disrepair. City Manager, Bryon Mazade made comments to
reinforce city policies and remind board of their responsibility to remain an
independent and impartial body. The board presented ideas regarding point of
sale inspections, licensing landlords and issuing more civil infractions. Dollie
Hippchen asked about how often the Padlock ordinance had been used to
pressure absentee landlords. Anthony Kleibecker stated letters are sent on a
monthly basis and have been done for 3 years and have yet to have a second
violation. Mrs. Hippchen asked if there is language that would address code
violations. Anthony Kleibecker stated law addresses only prostitution and drug
use. The HBA, the City Manager, and City Attorney concluded that education of
public through reaching out to new homeowners, landlords and tenants letting
them know about resources we have available to them also the City wants to
work with owners but inform them of our strong expectations. Anthony
Kleibecker stated that building relationships between neighborhood associations
and landlord association and improvements in communication with Inspection
Department would be an effective tool in fighting blight.

ADJOURNMENT:                         6:50 P.M.


                                        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.


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




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