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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
02/03/11
5:30PM
ATTENDANCE: Randy Mackie, Ed Simmons, William Krick, Chris Carter, Jon Rolewicz
ABSENT: Greg Borgman, Kirk Kolberg
EXCUSED:
STAFF: Carmen Smith, Henry Faltinowski, Don LaBrenz II, Anthony Kleibecker,
GUESTS: David Wotli (1190 Kenneth)
Meeting minutes: A motion was made by Randy Mackie and seconded by Chris Carter to
approve the January 2011 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
ELECTION OF OFFICERS
A motion was made by Chris Carter and seconded by Randy Mackie to re-elect Greg
Borgman, Chairman and Jon Rolewicz, Vice-chairman.
A roll call vote was taken:
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AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
PROPERTY MAINTENANCE CODE APPEAL
1190 Kenneth – David Wotli – 1724 Beidler St., - Muskegon, MI 49441
Mr. Wotli was present to represent case.
Mike Cameron, Code Enforcement Coordinator stated inspectors found multiple extension
cords running to neighbor’s house because renters had no heat. A 24 hour utility interruption
letter was sent to Mr. Wotli. Mr. Cameron said he spoke with Mr. Wotli informing him that
ordinance states all occupied dwellings require electricity be supplied. He said Mr. Wotli stated
he had contract which shows tenant responsible for electricity. Mr. Cameron stated the City of
Muskegon is not party to that contract so the responsibility rest with property owner under the
ordinance. He stated Mr. Wotli did turn the utilities back on but wanted to appeal. Jon
Rolewicz stated report shows no current certificate and asked had property been re-inspected.
Chris Carter asked if property was occupied. Mr. Wolti stated a writ to evict notice was given
tenant to vacate premises in 24 hours. Jon Rolewicz stated Mr. Cameron acted within the
boundaries of the code and since electricity had been restored didn’t understand reason for
appeal. Mr. Wolti said his contention was that the City was dealing with the wrong person. He
gave copy of lease and handout from the State of Michigan saying responsible party is to be
stated and landlord is not responsible for tenant caused issues. Jon Rolewicz stated board
follows ordinance but does not address civil issues. City of Muskegon is responsible for safety
issues and building code states landlord has to provide a safe dwelling. Don LaBrenz II stated
the city can’t enforce a civil document that the City has no party to. It’s up to the landlord to
enforce his own contract. Mr. Wolti said he still didn’t understand why he was responsible and
felt board should deal with party that had not fulfilled their obligation. Mr. Krick tried explaining
that as landowner and business owner Mr. Wolti bears responsibility for maintaining his own
properties. Chris Carter stated once tenants had the power cut off they broke lease and at that
point owner should have taken action. Once terms were broken it would fall upon the landlord
to make sure power was restored. He stated in reviewing pamphlet distributed that it was not
Michigan law but information showing tenant rights and responsibilities. Mr. Wolti reviewed
eviction process and stated it normally takes about 2 months to complete. He asked if there is
a way to shorten process to condemn and evict in 3 days. He said he was being penalized
when he didn’t cause the issue. He said he’s providing utilities for 2 months because of
situation. Anthony Kleibecker said shortening the process is a civil process. He further
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explained that once a contract was entered with another party that now puts him in a civil
arena where the City has no jurisdiction or standing. The City can’t enact ordinances that deal
with a civil contract and that’s where the courts comes into play. Chris Carter stated situation
is a pitfall of being a landlord. Mr. Wolti said he would like to get the laws changed.
Chris Carter made motion to deny appeal and was seconded by William Krick.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
DANGEROUS BUILDING NEW CASES
EN-100207-28 DELAWARE – TINA ENGLAND, 1062 E. FOREST, MUSKEGON, MI 49442
No one was present to represent property.
Anthony Kleibecker stated a call was received by listed property owner to Inspection
Department indicating she felt she was being harassed by legal notices. Information that staff
has indicates owner was awarded property as result of divorce decree.
Staff Recommendation: Declare the structure substandard, dangerous and a public nuisance.
Randy Mackie made motion to accept staff recommendation and was seconded by Chris
Carter
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
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Ed Simmons
Kirk Kolberg
Motion carried.
EN-100208 (Garage) – 1597 Park – Mary Goings, 1597 Park, Muskegon, MI 49441
No one was present to represent case.
Anthony Kleibecker stated letter was distributed to board that was received from Mercantile
Bank indicating a change of ownership. The bank is asking for 120 days to allow time to repair
garage.
Staff Recommendation: Table case until the June 2011 meeting with owner to secure the
building immediately.
Randy Mackie made a motion to accept staff recommendation and was seconded by Chris
Carter.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
OLD BUSINESS:
NEW BUSINESS:
ADJOURNMENT: 5:55 PM
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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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