Housing Board of Appeals Minutes 06-02-2005

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                                  CITY OF MUSKEGON
                          MUSKEGON HOUSING BOARD OF APPEALS
                                  MEETING MINUTES
                                       06/02/05
                                        5:30PM



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

ABSENT:

EXCUSED:                    Ed Simmons


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

GUESTS:                     Jorge Gonzalez (1063 First),Victor Rockafellow (765
                            Washington), Guadalupe Loera (497 Catawba), Larry
                            Simonson(216 W. Grand)



Meeting minutes: A motion was made by John Warner and seconded by Nick Kroes to
approve the May 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:

Removed from Agenda – EN-040041 -1144 Sanford (Garage Only) – Jay Horton,
1144 Sanford, Muskegon, MI 49441

Removed from Agenda –EN-050091 – 205 Washington (Garage Only) – William
Grimm, 7850 West Lake Rd, Twin Lake, MI 49457

DANGEROUS BUILDING REVIEW CASES:

EN-040035 – 565 Adams – Baymark Homes LLC, 5479 Pine Bluff Lane,
Muskegon, MI 49441

No one was present to represent this case.

Anthony Kleibecker stated work is in progress with some exterior work still needing to
be completed, photos dated 06/02/05 were shown to board. Mr. Kleibecker stated
owner is requesting a 10-day extension to complete repairs.

Staff Recommendation: Table for 30 days to allow owner to complete repairs and
schedule inspections.


A motion was made by Randy Mackie and seconded by Clara Shepherd 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.




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EN-030162 – 1063 First – Jorge/Maria Gonzalez, 27 Spanish Ct. SE, Wyoming, MI
49548

Jorge Gonzalez was present to represent case.

Mr. Gonzalez stated the board gave him 5 months to complete repairs and he went to
Mexico, before leaving he hired electrician but company was not allowed to pull
permits. Mr. Gonzalez said he started working on framing but was told electrical had
to be done first. Greg Borgman mentioned neighbors are not happy with lack of
progress and asked for input from staff. Don LaBrenz stated someone came in to
Inspections Department to secure a permit that was not the homeowner and he was
not a licensed contractor so he was denied. Mr. Gonzalez stated he had some
financial problems but could get financial help from a relative if the board would extend
time for him to complete repairs. Jon Rolewicz stated there are no current permits and
homeowner has promised to repair and has not lived up to any of the arrangement in
past five months. Henry Faltinowski stated staff would have been willing to give
extension but Mr. Gonzalez failed to call for inspections and he quit working on the
project and there has been no contact since January of this year. Clara Shepherd
stated her concerns that the homeowner doesn’t understand what is expected
because of language barrier.

A motion was made by Randy Mackie and seconded by Jon Rolewicz to declare,
dangerous and substandard. After some discussion a motion was made by Clara
Shepherd and seconded by John Warner to table for 60 days per 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 failed due to a tie vote.

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First motion rescinded. A motion made by Nick Kroes and seconded by Jon Rolewicz
to declare this building substandard, a public nuisance, and dangerous building with a
delay of 60 days before staff submits to City Commission and also to provide a
interpreter when meeting with staff so owner is clear on all requirements.

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-050089-216 W. Grand – Countrywide Home Loans, 400 Countrywide Way
SV35, Simi Valley, CA 93065-6298

Larry Simonson representing Countrywide Home Loans was here to represent case.

Anthony Kleibecker stated Inspections Department had received a letter today from
Countrywide requesting a hold for 100 days. A contractor has been lined up.

Mr. Simonson stated insurance is covering fire damage, permits will be requested and
timeline has been submitted.

Staff Recommendation: Table for 100 days.

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


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                                                        Ed Simmons

John Warner

Motion carried

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

Victor Rockafellow was present to represent this case.

Henry Faltinowski stated all three trade inspectors went out 05/12/05 and an report
was sent out of all repairs needed. He stated Mr. Rockafellow needs to provide a
timeline if he wants to invest the money because repairs are extensive. Nick Kroes
asked based on the inspection report how long would it take to resolve these issues.
Mr. Rockafellow stated it would take about 1 year, he could get the exterior done this
summer and he’s trying to line up a plummer.

Staff Recommendation: Declare this building substandard, a public nuisance, and
dangerous building with delay of 30 days before staff sends to Commission.

Motion made by Nick Kroes and seconded by John Warner to accept staff
recommendation.

Roll call vote was taken:


AYES:                       NAYES:                      EXCUSED: ABSENT:                      ABSTENTION:
Greg Borgman
                                                                                              Randy Mackie
Jon Rolewicz
Nick Kroes
Clara Shepherd
                                                        Ed Simmons

John Warner

Motion carried


EN-050104- 497 Catawba – Guadalupe Loera, 497 Catawba, Muskegon, MI 49442

Guadalupe Loera was present to represent case.

Ms. Loera stated she was almost finish with repairs, all electricity and plumbing done
by licensed contractors. Greg Borgman asked what happened to inspections. Henry

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Faltinowski stated what brought case back is because a fire was reported upstairs and
review of the case showed the case had never been closed. A progress interior
inspection was conducted 05/27/05. Mr. Faltinowski stated Ms Loera said her intent
was to pull the necessary permits to complete the job and get a certificate of
occupancy. He stated there had been several complaints from neighbors saying
persons living in the house without a certificate of occupancy. Greg Borgman listed
deficiencies from the last inspection. Anthony Kleibecker asked about the permit
status. Don LaBrenz stated there are no current permits. Nick Kroes asked how long
would it take to complete repairs. Clara Shepherd asked when fire occurred was the
building occupied. Fire Marshall Metcalf stated the building showed evidence that
someone was living in the home and with the physical fire hazard no one should be
occupying the home. Clara Shepherd asked that either the house be posted “Do Not
Occupy” or have it boarded up. Fire Marshall Metcalf said he would secure and post
house “Do Not Occupy”.

Staff Recommendation: Table for 60 days to allow owner time to complete repairs.

Motion 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




OLD BUSINESS:

Jon Rolewicz asked about 391 W. Forest where fire occurred. Anthony Kleibecker
stated house will be completely torn down by Wednesday, June 8, 2005. Clara asked
about updates on the following addresses: 1194 Sixth Street, Don LaBrenz stated
property will come before HDC next meeting. Ms Shepherd asked about 250 Strong
and 350 Allen and it was reported these cases were added to dangerous building list
and would come before the board in July. Ms Shepherd also asked about 1095 First
and 398 Monroe environmental tall grass complaints. Nick Kroes asked about rental
property on corner of Forest and Elwood windows out, back door wide open. Greg

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Borgman clarified the responsibility of board to report cases to Commissioner
Shepherd as liason to Housing Board. Ms. Shepherd asked about 349 Mason and it
was reported that it was coming before commission in July. Ms. Shepherd asked
about fire at Fourth and Monroe it was reported that the first floor was secured.
Greg Borgman asked about progress at 1121 Third. Don LaBrenz reported an interior
inspection was just completed and owner indicates interest to repair and we are
waiting for owner to provide a timeline to repair.

NEW BUSINESS:


ADJOURNMENT:                         6:45 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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