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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
10/4/07
5:30PM
ATTENDANCE: Randy Mackie, Ed Simmons, Greg Borgman, Nick Kroes, Chris
Carter,
ABSENT: Jon Rolewicz
EXCUSED: Kirk Kolberg
STAFF: Mark Kincaid, Jim Hoppus, Laura Hichue, Don LaBrenz, Henry
Faltinowski, Scott Vanderwier, Scott Houghtaling
GUESTS: Eugene LeRoux(381 Forest/1021 Washington), Chaunel
Phillips/Eric Gibson (1174 Jefferson), Suleyman Cotal (4 W.
Webster), Christina Anderson (555 Amity)
Meeting minutes: A motion was made by Randy Mackie and seconded by Nick Kroes
to approve the September 2007 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter(late)
Ed Simmons
Kirk Kolberg
Motion carried.
Property Maintenance Code Appeal Case: 487 W. Webster, Gregory Smith, 157
E. 89th 3RW, New York, NY 10128 was removed from agenda
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PROPERTY MAINTENANCE CODE APPEAL CASE:
381 W. Forest, Eugene LeRoux, 3558 Mohawk Dr. Muskegon, MI 49441
Mr. LeRoux was present to represent case.
Mr. LeRoux stated the inspection items on report are not numbered. Mr. LeRoux
mentioned item #7, the most important, is regarding the electrical service which he
says has been in place for 75 years and haven’t had any problems with it. Greg
Borgman asked if house was a rental property which Mr. LeRoux said yes. Don
LaBrenz said he spoke with Ken Murar who conducted the inspection and he was
there at the request of Scott Houghtaling, the housing inspector. Mr. LaBrenz said Mr.
Murar noted the service was deteriorating to point that it needed to be replaced. Mr.
LeRoux asked what was meant by deteriorated since there had been no problems.
Mr. LaBrenz said we are trying to keep you from having problems because when
service fails, it fails catastrophically, they start fires. Mr. LeRoux says he’s appealing
because there has been no problems and doesn’t feel it needs to be replaced. Greg
Borgman said that fires that burn from electrical issues are not a problem until the fire
happens and when it’s a rental things can’t be a grandfathered. Randy Mackie said a
fire would hurt the renter more than you the landlord. Mr. Kleibecker asked if the
inspectors report was deterioration in the wiring or the service. Don LaBrenz said one
of the services has multiple fuse boxes and the other one apparently when the box
was opened everything began to fall out. Mr. LeRoux said the box where everything
fell out is not occupied and said the face panel was removed and some of the
breakers fell out. Don LaBrenz said when that happens indicative that they don’t stay
stabbed into panel board anymore. Mr. Simmons asked if Mr. LeRoux was a
homeowner and took the panel off and something fell out would you still feel safe. Mr.
LeRoux said he’s been working many hours over there and had not taken the panel
apart and sees no reason to because there has been no problems. Ed Simmons
asked if a renter had a curious 15 year old and open it up and something falls out are
they still safe. Mr. LeRoux agreed he would be willing to change the service at that
box but doesn’t see need to change the other. Greg Borgman said since property is a
rental and has to meet code he can’t pick options it isn’t a multiple choice. Mr.
LeRoux asked how many times has home been inspected in 50 years and no one has
written out electrical issues before. There was some discussion among board as to
whether a first hand report needs to be given from the electrical inspector who
conducted the inspection. Don LaBrenz said last month Mr. LeRoux spoke at length
with electrical inspector during the HBA meeting. Mr. LeRoux said the other item was
shingles missing off a roof which he says is part of a tear off. Mr. LaBrenz said in his
discussion with Mr. LeRoux during the meeting last month that he only needed to
schedule an inspection to verify that this was truly the case. Mr. LaBrenz in referring
back to the electrical issues said focus has been put on the one panel board but it
should be realized that the function of that cover is not to hold those breakers in and it
tells us they are not making a adequate connection on that bust and when you start to
load those it will in time fail and burn. Mr. LaBrenz added regarding the other panel
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boards he understood the problem was there was little fuse boxes added over the
years instead of adding a new service. Greg Borgman asked when the last time it was
inspected and Mr. LaBrenz stated about 4 years ago but he can’t tell whether
inspector took the cover off or not. Ed Simmons asked if it was a different inspector
who conducted the inspection 4 years ago and if that’s the case should we appreciate
the new inspector did a better job. Mr. Kleibecker said from what he has learned about
the case that there is no in between ground and if the service is that bad even though
not occupied at this time if in the future wants to rent it comes down to a life safety
issue.
Staff Recommendation: Deny appeal
Motion was made by Randy Mackie and seconded by Nick Kroes 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.
1021 Washington – Eugene LeRoux, 3558 Mohawk Dr., Muskegon, MI 49441
Mr. LeRoux stated he wanted to discuss the light switch in the shower and he’s owned
house for 30 years and now new inspector wants it moved. He said if it does have to
be moved it can he moved to the left so it’s out of the tub area. Scott Houghtaling,
housing inspector said when standing in the shower you can touch the light switch and
if you close curtain and the switch is outside of curtain or shower wall it would be ok.
Ed Simmons asked if there are waterproof switches. Don LaBrenz answered yes, but
the issue is not the switch but there is energized equipment that water can be poured
on and if the ground fails at any time now I have an enclosed switch sitting at 110 volts
with my ankles in water. Ed Simmons asked if the switch is moved a foot is there still
some waterproofing that would be required. Mr. LaBrenz said if it’s outside the
shower area it is not considered a wet location any longer. Mr. LeRoux said if switch
was put behind the other door it wouldn’t work it seems best location would be to the
left outside of the shower. Nick Kroes said specifics should be worked out with
Inspections. Mr. LeRoux said the reason he’s appealing because he’s had the house
for 30 years and the switch has always been there and I’ve had about 6 inspections
and no one has ever written it up. Greg Borgman said doesn’t it make sense that it
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was wrote up even though it wasn’t in the past doesn’t make it right. Don LaBrenz
recalled item #5 regarding waterproof material. Mr. LeRoux said he doesn’t have a
problem with that the thing he wants most at this property is more time to fix issues.
Mr. Kleibecker said a time schedule can be worked out.
Staff Recommendation: Deny appeal
Motion made by Randy Mackie and seconded by Nick Kroes 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.
1942 Nevada, Sean Mullally, 850 Victor, N. Muskegon, MI 49445
No one was present to represent case.
Don LaBrenz stated reason case was brought back was a procedural reason. The
appeal was denied at the last meeting but in the motion no reasons were provided for
denial. Motion was held until after other cases were heard.
DANGEROUS BUILDING REVIEW CASES
EN-050084 – 1174 Jefferson – Chaunel Phillips, 1168 Jefferson St., Muskegon,
MI 49441
Chaunel Phillips/Gibson was present to represent case.
Mrs Phillips/Gibson stated a orange sticker/notice was put the on door of her house
stating they couldn’t enter to do any work about month and half ago. She stated all of
her contractors quit and they have been working on the house themselves and when
sticker was put on door she came to the Inspections Department to find out what was
required to do her own work. She said all her rough-in inspections had passed before
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notice was posted and Inspections Department told her the work that needed to be
completed could be done by the homeowner and not have licensed contractors. She
contacted Inspections after house was posted and was told by Inspections that she
could do work but needed to pull another permit and she doesn’t understand why she
has to apply for another permit when permits were pulled by contractors and she’s just
finishing what they started. Don LaBrenz stated no stop work has ever been issued to
that property but the orange posting issued was a “No Occupancy” at the request of
the State of Michigan. Mr. LaBrenz said he instructed Mrs. Phillips/Gibson she
needed to obtain permits because permits are non transferable and when contractor
quits that permit becomes inactive, and if someone new wants to work on that project
a new permit has to be issued because the last contractor can’t be held responsible
for work done after he left. Mrs. Phillips/Gibson said she was told as a homeowner
she could do the work and doesn’t see why she needs a permit to work on her own
house to hang drywall and paint. Mr. LaBrenz stated permits are required of everyone
who does work in a building in the State of Michigan even a homeowner of which the
Housing Board of Appeals has no jurisdiction. Nick Kroes asked where she was in the
project and Mrs Phillips/Gibson stated she has gotten a lot done, she has electricity,
walls, cabinets, floors and doesn’t know why she’s here. Mr. Carter stated the reason
she’s here is because she needs to pull permits.
EN-070105 – 904 Scott /555 Amity – Christina Anderson – P.O. Box 262, Twin
Lake, MI 49457
Christina Anderson was present to represent case.
Greg Borgman reviewed case.
Ms. Anderson said she’s waiting on the insurance company it took 2 ½ months for
them to send her paperwork to fill out and her claims worker has been on vacation
and she hasn’t been given a timetable. She stated it was a vacant house until her
vindictive ex-boyfriend destroyed the house and she would like more time to rattle
cage of insurance company and move forward. Don LaBrenz said property has been
in front of the board before which Ms. Anderson objected saying years ago what
happened at property had no relevance why case is before board today. Mr.
Kleibecker stated the reason Ms. Anderson is here to provide a sensible timeline for
repairs that need to be completed. Ms Anderson said she speculates it would take her
6 months after permit is issued. Nick Kroes asked if home was secured and Ms
Anderson responded she boarded up herself. Mr. Kroes suggested that Ms Anderson
submit a detail plan so there could be some checkpoints on progress, and be realistic
about time it will take.
Motion made by Chris Carter that permits be issued by November 5th and allow 6
months to complete repairs with monthly inspections seconded by Nick Kroes.
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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-050084 – 1174 Jefferson – Chaunel Phillips, 1168 Jefferson St., Muskegon,
MI 49441
Mr. Kleibecker asked that board go back to case for 1174 Jefferson because no
motion was made. Chris Carter asked Ms Phillips/Gibson how long it would take for
her to pull a permit and Mrs. Phillips/Gibson said she could get permit the next day.
Mr. Kleibecker said all permits, building, plumbing, mechanical, and electrical have to
be applied for.
Motion was made by Chris Carter for all permits to be issued by October 15, 2007 and
seconded by Randy Mackie.
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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EN-070151 – 4 W. Webster, Suleyman Cotal, 390 W. Muskegon, Michigan 49440
Mr. Cotal was present to represent case.
Mr. Kleibecker reviewed case stating it’s a commercial property and has been through
numerous contractors with little progress. The last permit was issued September 18,
2007.
Mr. Cotal stated he doesn’t know why he’s before board and has a permit and he said
the problem now is he got a notice posted on window and electrical, plumbing, and
mechanical contractors will not give him estimates because they say building is
condemned. He said if notice was removed he could find contractors and his current
carpenter says work will be done next Tuesday and hopes he keeps his promise.
Henry Faltinowski said he only conducted a partial rough-in inspection for soffit and
footings only. Mr. Cotal asked how long will the posting remain and Mr. Kleibecker
said they will get report from Fire Marshall regarding posting.
Motion was made by Chris Carter to table case for 30 days to allow time to get report
from Fire Marshall.
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-070161 – 1111 Emerson – United States of America, 5312 Bolsa Ave; Suite 200,
Huntington Beach, CA 92649
No one was present to represent case.
Mr. Kleibecker reviewed case and showed photos.
Motion made by Nick Kroes to declare the building substandard, a public nuisance,
and dangerous building and seconded by Randy Mackie
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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-070144 -499 W. Muskegon – Dianisha Willis, 19402 Costlin Ave. Carson, CA
90746
No one was present to represent case.
Mr. Kleibecker reviewed case and showed photos.
A motion was made by Nick Kroes to declare the building substandard, a public
nuisance, and dangerous building and seconded by Randy Mackie.
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-070163 – 1553 Pine St – United States of America, 5312 Bolsa Ave., Ste 200,
Huntington Beach, CA 92649
No one was present to represent case.
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Mr. Kleibecker reviewed case and showed photos stating area is a high narcotic area
that police is working on with neighborhood.
Motion made by Randy Mackie to declare the building substandard, a public nuisance,
and dangerous building and seconded by Chris Carter.
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.
Property Maintenance Code Appeal Case
1942 Nevada, Sean Mullally, 850 Victor, N. Muskegon, MI 49445
The board turned attention back to this case to determine reasons it was denied.
Don LaBrenz stated regarding item #1 outlet not grounded Mr. Mullally is claiming
loose ground wire on outside of house. Mr. LaBrenz said test conducted is continuity
between plug and the circuit box all within the house. The item #2 globe missing, Mr.
LaBrenz concedes that language is not in property maintenance code but national
electrical code requires light fixtures be used as manufactured and listed. Item 3 & 4 it
appears Mr. Mullally is not contesting the findings of inspector but that no one else
called it out before now. Nick Kroes asked what verbiage is being asked for. Don
LaBrenz said Mr. Mullally wants specific reasons for denial. Ed Simmons asked if Mr.
Mullally had been present for meeting and if he’s willing to work with Inspections which
Mr. LaBrenz said he believes he works second shift.
Motion made by Randy Mackie to deny all four items because of not being in
compliance with property maintenance code and seconded by Chris Carter.
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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.
OLD BUSINESS:
Nick Kroes reported it has been 180 days since 143 Southern was board up. Greg
Borgman reported the appreciation shown by Heritage Association towards the
Inspection Department regarding the Sieradzki house and he has proposed a
committee to be set up to profile homes to be saved. Scott Vandewier suggested
liaison be between neighborhood associations and Heritage Association.
NEW BUSINESS:
ADJOURNMENT: 6:47 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.
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Ann Becker, City Clerk
933 Terrace Street
Muskegon, MI 49443
(231) 724-6705 or TDD (231) 724-6773
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