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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
09/01/05
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, Jim Hoppus,
and Mark Kincaid
GUESTS: Marta Anaya (438 McLaughlin), Guadalupe Loera (497 Catawba),
Mark Ruegsegger (240 Mason), Maria Morales (775 Washington)
Meeting minutes: A motion was made by Nick Kroes and seconded by Jon Rolewicz
to approve the August 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.
Mark Kincaid updated board on properties that were tabled from the August meeting
located at 1869 Manz and 1160 Sanford were completed of all repairs and files
closed.
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DANGEROUS BUILDING NEW CASES:
EN-050104 – 497 Catawba – Guadalupe Loera, 497 Catawba, Muskegon, MI
49442
Guadalupe Loera was present to represent case.
Ms. Loera stated that most repairs were complete she was just waiting for electrician
to finish work and to get a final inspection. Mark Kincaid stated this case had been
before board twice 10/27/98 and 12/12/00 also had been before the commission to
concur with the HBA to declare structure dangerous. Don LaBrenz stated he rode by
today and it appears she has been working on it and he trust if she says she’s close to
completion he believes that to be the case.
Staff Recommendation: Table until October 2005 with owner to schedule final
inspection.
A motion was made by Randy Mackie 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 Shepherd
Ed Simmons
John Warner
Motion carried.
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03-51- 240 Mason – Mark Ruegsegger, 236 Mason, Muskegon, MI 49441
Mr. Ruegseggar stated major electrical work done and brick work on the front of the
structure. He mentioned some issues regarding his mother’s home which had
impeded his progress but those things had been resolved and he was now able to
devote time repairing his home. Mark Kincaid stated that both electrical and building
permits expired 10/31/03 and there had been no owner contact since that time. Mr.
Ruegseggar said he thought inspection would automatically take place after 90 days.
Greg Borgman clarified policy on calling for inspections and stated Mr. Ruegseggar
should schedule an inspection as soon as possible. Clara Shepherd stated board has
been dealing with case since 2003 and it’s now 2005. There are 22 violations listed.
She was concerned about exterior repairs not getting done because of winter months.
Ms Shepherd stated the owner needs to show some progress before November. Ms
Shepherd asked if the property was a rental. Mr. Ruegseggar stated his
granddaughter occupies one part and he lives in the other. Nick Kroes questioned
staff about why case was removed from agenda and from our radar two years ago.
Don LaBrenz stated when it was pulled from the agenda it was because owner was
working on the building. In the last two years there have been changes in the
Inspection Office and we are presently reviewing files that have fallen through the
cracks. Nick Kroes asked if there have been any changes in system so cases don’t
disappear for a long time period. Don LaBrenz stated that files are now being
reviewed once a week to see if we’re missing something and try to clean up the old
cases. Greg Borgman asked about the building adjacent to Mr. Ruegseggar property.
Henry Faltinowski stated the Inspection Department is only reviewing the home and
storage unit. Henry stated looking at timetable in connection with list of repairs that
the roofing and painting should be done first. Mr. Ruegseggar stated the roof was
fine. Henry Faltinowski asked why roof inspection had not been scheduled and owner
should provide access to it. Mr. Faltinowski said the mason work was done by
contractor and inspected.
Staff Recommendation: Table case until October 2005 amended from November
2005 to provide owner time to schedule inspections and provide a timeline to complete
repairs.
A motion was made by Randy Mackie and seconded by Jon Rolewicz to accept staff
recommendation.
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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-030115- 775 Washington-Maria Galindo Morales, 1873 Whitehall Rd, N.
Muskegon, MI 49445
Maria Morales and Francisco Galindo were present to represent case.
Mr. Galindo apologized for not keeping in contact with Inspections Department. He
mentioned he had been out of town but stated windows had been replaced and was
working on siding. Mr. Galindo showed updated photos of progress of work. Mark
Kincaid stated pictures in file were from February and there have been a lot of change
since then. Mr. Kincaid informed board that the building permit issued in April 2005
specified that monthly progress inspections were required and we haven’t been called
for any and the permit expires in October 2005 but there is significant progress that
has been made although there are also mechanical, electrical and plumbing permits
that need to be pulled. Jon Rolewicz asked what was the owner intent. Mr. Galindo
said he plans to occupy. Greg Borgman reminded owner how important it is to stay in
contact with Inspection Department. Jim Hoppus asked if the chimney was certified.
Mr. Galindo said plans were to get it certified.
Staff Recommendation: Table until November meeting 2005, provided interior
inspection be conducted by September 16, 2005 and all permits pulled by September
30, 2005 with a timetable to complete repairs.
Motion made by Jon Rolewicz and seconded by Nick Kroes to accept staff
recommendation.
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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.
03-25 – 438 McLaughlin – Anaya Marta, 4064 Evergreen Dr, Muskegon, MI 49441
Marta Anaya was present to represent case.
Ms Anaya had an interpreter to speak in her behalf. She speaks Spanish and very
little English. Mark Kincaid stated he had driven by the house and that many repairs
had been made even though permits have all expired. Mr. Kincaid showed pictures
from file. Don LaBrenz noted most repairs were interior. Clara Shepherd asked about
graffiti on garage which Ms. Anaya stated was still there. Ms Anaya stated that brush
on pictures has been cleaned up. Nick Kroes reminded Ms. Anaya that she has a
month to start to address items on list. Ms Shepherd stated that it was important that
staff follow case closely to make sure Ms. Anaya knows what’s needed to complete
repairs. Ms Shepherd stated that a Certificate of Compliance is needed to rent the
home. Jim Hoppus stated that since it is a rental that only licensed contractors can do
the work and he noticed on list the backflow on the boiler is a serious concern. Nick
Kroes stated since there is a language issue, have staff explain list. Ms Shepherd had
concerns about people living in home under bad conditions with no Certificate of
Compliance. Mark Kincaid assured board he would make sure housing inspector
would address the issues in the morning. Henry Faltinowski stated he had never been
to house and suggested that mechanical inspector go out immediately and if there are
serious concerns then the Fire Marshall can get involved if home needs to be shut
down.
Staff Recommendation: Table until October 2005 meeting and give owner time to
meet with Inspections and set up timetable to complete repairs.
Motion approved by Randy Mackie and seconded by John Warner to accept staff
recommendation.
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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-050096 – 915 W. Hackley – Silvesta/Sylvia Brown, 3020 Peck Apt#202,
Muskegon Heights, MI 49444
Mark Kincaid stated this case came before board at the July meeting. There was
concern about who had the mortgage and they agreed to call for an interior inspection
and secure the building. There has been no owner contact since that meeting.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
A motion was made by Jon Rolewicz 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
Clara Sheperd
Ed Simmons
John Warner
Motion carried.
EN-030083 – 209-211 Merrill –State of Michigan, 430 W. Allegan, Lansing, MI
48922
Mark Kincaid stated there are two homes on this property and they belong to the State
of Michigan. The cases were to come before HBA but were pulled from agenda
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because the City thought they could be rehabilitated but further inspection revealed
that they weren’t good for the CNS program.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
Motion made by Clara Shepherd 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 Shepherd
Ed Simmons
John Warner
Motion carried.
EN-040074 – 1786 Pine (Garage) – Rouwhorst Investments LLC, 1788 Terrace St,
Muskegon, MI 49442
No one was present to represent this case.
Mark Kincaid stated this is a case of a garage on a parcel with no house. The owner
stated they needed time to get their stuff out and would demolish themselves but there
has been no progress.
Staff Recommendation: Declare the building substandard, a public nuisance, and
dangerous building.
Motion made by Nick Kroes and seconded by Clara Shepherd to accept staff
recommendation.
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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-050084- 1174 Jefferson - Dean/Chaunel C. Witte, 550 W. Western Apt. #32,
Muskegon, MI 49440-1083
No one present to represent case.
Mark Kincaid stated property sat with no work being done due to a fire. We received a
response after notification of HBA meeting. Work is going on now with building,
electrical, mechanical and plumbing permits issued. The roof is on and great
progress has been made and the building permit does not expire until January. Don
LaBrenz stated the reason case was put on the agenda was because neighbors had
complained of lack of progress.
Staff Recommendation: Table case until the January 2006 meeting.
Motion made by Nick Kroes 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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03-64 – 283 W. Forest –Jonathon Blakeman – 2139 Kinsey, Muskegon, MI 49441
No one was present to represent case.
Don LaBrenz stated he spoke with Mr. Blakeman and he couldn’t be at the meeting
tonight. Mr. LaBrenz stated final electrical, plumbing, and mechanical inspections
have occurred since agenda was completed. He said Mr. Blakeman is asking for 30
days to finish up some trim work inside the building. Mark Kincaid reported to HBA
that upon riding by the building that it looks good.
Staff Recommendation: Table for 30 days.
Motion made by Jon Rolewicz 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
Clara Shepherd
Ed Simmons
John Warner
Motion carried.
OLD BUSINESS:
Clara Shepherd reported on 1223 Terrace where she was riding by and there was
garbage left on terrace with no stickers. Ms Shepherd helped remove trash. Tenant
said son was sick due to bacteria/mold from a flooded basement. Tenant called Ms
Shepherd later to say she had been evicted. Nick Kroes asked if building was
dangerous building. Don LaBrenz said the last contact we had was some renovations
done three years ago after a fire. He said files would have to be checked to see what
the status of the Certificate of Compliance. Nick Kroes said he believes we have to
come up with a way to inform tenants of their rights. Ms Shepherd stated there was a
booklet designed by a Housing Stock Committee that should be reviewed.
Motion made by Nick Kroes to revisit a list of tenant rights at the October 2005
meeting and seconded by Clara Shepherd.
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A 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.
NEW BUSINESS:
Greg Borgman expressed his concerns regarding the property Mr. Ruegseggar uses,
as a business looks really bad. Nick Kroes stated we have had two language issues
in the past three months and suggested we have one or two sentences in Spanish
included in our formal notices.
Motion made by Nick Kroes to include a Spanish statement in future notices stating “If
you have any problems understanding this notice it is your responsibility to contact
The City of Muskegon Inspection Department at 231 724-6715” and seconded by
John Warner.
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.
ADJOURNMENT: 6:52 P.M.
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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.
Gail Kundinger, City Clerk
933 Terrace Street
Muskegon, MI 49443
(616) 724-6705 or TDD (616) 724-6773
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