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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
08/04/05
5:30PM
ATTENDANCE: Randy Mackie, Greg Borgman, Nick Kroes, Jon Rolewicz, Ed
Simmons
ABSENT:
EXCUSED: John Warner, Clara Shepherd
STAFF: Henry Faltinowski, Carmen Smith, Don LaBrenz, Major Metcalf,
Mark Kincaid, Kevin Stier
GUESTS: Andrew Johnson, JR Developers LLC (1160 Sanford),
William/Gail Anderson (442 W. Muskegon)
Meeting minutes: A motion was made by Nick Kroes and seconded by Jon Rolewicz
to approve the July minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Shepherd
Ed Simmons
John Warner
Motion carried.
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DANGEROUS BUILDING NEW CASES:
EN-050103 –442 W. Muskegon – William/Gail Anderson, 845 Catherine,
Muskegon, MI 49442
William and Gail Anderson was present to represent this case.
Greg Borgman reviewed case. Mr. Anderson asked if initial inspection was an exterior
inspection and asked where notice was mailed. Staff responded the notice & order
was sent to 1920 Fifth Street, the address on the tax records but the notice for this
meeting was sent to 845 Catherine. Mr. Anderson said he was at the 442 W.
Muskegon address prior to June cutting bushes and left them piled up and city
removed and sent invoice for brush removal which he paid. Nick Kroes clarified that
the Environmental Department would be concerned about removal of lawn waste the
Housing Board of Appeals is concerned about structure of building. Mr. Kroes asked if
Mr. Anderson had seen the exterior inspection report which Mr. Anderson responded
no he had not seen the report. Mr. Anderson said the notice was posted on the white
part of the house and went unnoticed for about week. Mr. Anderson stated windows,
doors and part of siding was stolen and the insurance company assessed damage
and he showed pictures he took. He stated Clara Shepherd brought them the notice
informally and they informed her to notify Inspections that they were improperly
notified. Mr. Kincaid stated the Catherine address was acquired from the water billing
department because the tax assessment rolls still showed 1920 Fifth Street as the
owners address. Mrs. Anderson said they had been to court regarding an
environmental issue and it was brought to the courts attention that they lived at 845
Catherine. Mr. Kincaid stated the structure is always posted to ensure notification if
the Inspections Department don’t have the correct address. Nick Kroes asked about
intentions for the house. Greg Borgman reviewed inspection report. Mr. Anderson
said intention is to sell the house and there had been a buyer on land contract that but
the deal fell through. Mr. Anderson said he plans to sell the property “as is” whatever
condition that is when the buyer comes by. Mr. Anderson stated he has started
working on the outside first because he wanted the property to look good. He stated
the house has a new roof and said he had someone to finish the shingles hanging off
the edge. He said he didn’t plan to pull permits for work inside because he’s selling
house “as is” but said he would fix inside if it doesn’t sell right away. Mr. Anderson
said he’s put in new windows in garage and its been scraped an painted, the siding
has been replaced and new storm windows and doors have been replaced on home.
Staff was asked by board what permits should have been pulled. Staff stated permits
should have been obtained for roofing and no permit was issued. Mr. Anderson stated
he didn’t know a permit was required. Henry Faltinowski stated the reason he and
Fire Marshall Metcalf were brought to property initially was because children living
upstairs in a bedroom without enough egress and stairs were in an unstable condition.
Nick Kroes stated in situations like this the board would ask that an interior inspection
be allowed so board and Inspection Department can know what we’re dealing with
and asked if Mr. Anderson would be willing to submit to an interior inspection. Mr.
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Faltinowski said an interior inspection that was done was based on a complaint that a
family was living in dangerous conditions. Mr. Anderson asked if a property is sold “as
is” does it require inspection. Don LaBrenz stated no you can sell, but issues don’t go
away, new owner assumes problem. Nick Kroes asked if board would table if Mr.
Anderson would be willing to submit to interior inspection so board would know if there
are any issues they should know about.
Staff Recommendation: Table until October 2005 with owner to schedule an interior
inspection.
A motion was made by Nick Kroes 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 Shepherd
Ed Simmons John Warner
Motion carried.
DANGEROUS BUILDING REVIEW CASES:
EN-040043-1160 Sanford –JR Developers LLC, 1556 Dykstra Rd, Muskegon, MI
49445
Andrew Johnson was present to represent case.
Mr. Johnson brought pictures to show condition at the beginning of repairs and the
progress made. He stated repairs are almost finish and Henry Faltinowski had been
there to conduct an inspection on July 5, 2005. Permit was pulled on May 30th and 36
days later a lot of progress has been made. They are now re-roofing porch roof. Greg
Borgman stated this property is not new to board. Mr. Johnson said he wasn’t aware
when purchasing that it was on dangerous building list. Greg Borgman stated
previous owners appeared before board and thought it would be easy to fix up. Mr.
Kincaid stated much progress has been made and even though the permits have
expired staff would recommend case be tabled until September HBA meeting.
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Staff Recommendation: Table case until September 2005 to provide owner time to
complete repairs and schedule inspections agreeable to owner and Inspections
Department.
A 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:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Sheperd
Ed Simmons
John Warner
Motion carried.
EN-030070- 1869 Manz – Tiffany Haueisen, 1869 Manz, Muskegon, MI 49442
No one was present to represent this case.
Mark Kincaid stated owners are making good progress they did make contact with
Inspections and couldn’t attend meeting.
Staff Recommendation: Table case until September 2005.
Motion made by Nick Kroes and seconded by Randy Mackie to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
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Clara Shepherd
Ed Simmons
John Warner
Motion carried
DANGEROUS BUILDING NEW CASES:
.EN-050097- 856 Fork – Tammie Robinson, 856 Fork, Muskegon, MI 49442
No one was present to represent case.
Mark Kincaid stated the case was a fire damaged home and has been on the
Inspections department radar for quite some time and have received complaints from
neighbors. Permits have expired and no progress being made.
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
Clara Shepherd
Ed Simmons
John Warner
Motion carried.
EN-050094 – 235 Monroe – Steven R./Amy S. Kelly, P.O. Box 84, Fruitport, MI
49415
No one was present to represent case.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
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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
Clara Shepherd
Ed Simmons
John Warner
Motion carried
OLD BUSINESS:
Mark Kincaid updated the board on 915 W. Hackley, a case brought before the board
last month, where a question on who had the mortgage on the property. There has
been no owner contact since that meeting. The case was tabled for 30 days which
went beyond the August meeting so it will be on next months agenda.
A motion was made by Jon Rolewicz and second by Randy Mackie that the case at
915 W. Hackley be brought back on the September 2005 agenda.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Shepherd
Ed Simmons
John Warner
Motion carried
There was discussion amongst board members and staff regarding new owners, land
contracts and properties being sold “as is”. Ed Simmons asked about property at
Marquette and Getty. Don LaBrenz stated an apartment complex is being built there.
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NEW BUSINESS:
ADJOURNMENT: 6:30 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.
Gail Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49443
(616) 724-6705 or TDD (616) 724-6773
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