Housing Board of Appeals Minutes 08-06-2015

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                                CITY OF MUSKEGON
                                 MEETING MINUTES
                                   August 6, 2015

Chairman G. Borgman called the meeting to order at 5:30 p.m.

ATTENDANCE:           G. Borgman, B. Arthur, W. Krick, R. Mackie, E. Simmons, B. Turnquist

ABSENT:               K. Kolberg

STAFF:                H. Mitchell; J. Lewis, Public Safety Director; K. Briggs, SAFEbuilt; D.

OTHERS:               L. Stewart, ; M. Rick, Muskegon County Equalization

Meeting Minutes:

A motion to approve the regular meeting minutes of June 4, 2015 was made by R. Mackie,
supported by W. Krick and unanimously approved.

Old Business:

EN150273 – 1280 Sanford – JM Diamond, LLC, 13721 West 59th Ave, Arvado, CO 80004.
This case was originally heard at the April meeting where it was tabled in order to give the
applicant time to come up with a reasonable timeline with cost estimates for repairs. This case
was tabled for a second time at the May meeting to give the owner or agent 30 more days to
obtain SAFEbuilt’s approval on the estimate and timeline. The applicant contacted SAFEbuilt
just prior to the June meeting with an acceptable timeline; K. Briggs then requested that staff be
allowed to monitor compliance with the timeline and refer the case back to the HBA board if
necessary. According to the timeline supplied, the roof, windows, doors, scraping & painting,
etc. were to be completed by 6/22/15. By 7/6/15 the electrical work was to be completed,
including rewiring of the house. As of the date of this meeting, no permits had been applied for
and no progress had been made on the repairs. As of 7/30/15, the 2014 Winter taxes were still

K. Briggs met with the applicant before today’s meeting and they stated that they knew they
were way behind schedule on the repairs. A motion to declare the structure substandard,
dangerous and a public nuisance was made by R. Mackie, supported by E. Simmons and
unanimously approved.


EN155588 – 1291 4th (garage) – Larry & Wanda Matsey, 1291 4th, Muskegon, MI 49441. This
property is located in the blight fight area. A Notice & Order was sent on 7/2/15 for the detached
garage only. An inspection was scheduled for 7/14/15 which was performed by K. Briggs
(SAFEbuilt). His inspection found the following defects: 1) The garage is leaning to the left, 2)
The garage will need a new roof and roof boards, 3) The garage will need new rafters, 4) The

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garage will need a new garage door, 5) The back wall is bowing out, and 6) Many of the studs
are broken or rotted. The 2013 & 2014 taxes are delinquent.

H. Mitchell informed the board that Ms. Matsey had contacted her today. Ms. Matsey stated that
she had spoken with a couple of contractors who had advised her that the garage was not worth
salvaging, so she would be arranging to have the garage demolished.

A motion to declare the structure substandard, dangerous and a public nuisance was made by
E. Simmons, supported by B. Arthur and was unanimously approved.

EN155691 – 1506 Park (garage) – Bennie Bankhead, 864 Spring St. Apt. 603, Muskegon, MI
49441. This property is in the blight fight area. The Notice & Order was posted on 7/2/15. Staff
spoke with Jackie from Field Asset Services, who stated that the bank is in the process of fore-
closing on the home. She verified that this case only pertained to the garage, and stated that
she had put an order into the bank to obtain bids to demolish it. She is aware this will still
continue through the process to have it declared as a dangerous building, and the associated
timelines. She will update staff when she has more information. She did agree that, based on
the pictures supplied, the bank should be giving their approval to have it demolished. There are
no taxes owed on this property.

No one appeared at the meeting on behalf of the property owner. A motion to declare the
structure substandard, dangerous and a public nuisance was made by B. Arthur, supported by
E. Simmons and unanimously approved.

EN155690 – 235 W Larch (garage) – Leslie Stewart, 235 W Larch, Muskegon, MI 49441. This
property is in the blight fight area. The Notice & Order was posted on 7/2/15. The owner came in
on 7/22/15 to speak with staff. She stated that she had the garage inspected but hadn’t gotten a
defect list from that inspection. She wanted to know what to do next; she wished to fix the
garage rather than having it demolished. Staff advised her to get the defect list from SAFEbuilt
and to write up a timeline for completing the repairs, including cost estimates. Staff advised her
that she would also need to attend the HBA meeting to discuss her plans and see if the timeline
was acceptable. The inspection performed on 7/14/15 by K. Briggs (SAFEbuilt) found the
following defects: 1) There is junk piled up on the right side of the garage that must be removed,
2) The back wall has been hit by a car and pushed out; this must be repaired, 3) The broken
windows must be fixed, 4) The roof bows down in the center; it must be jacked up and fixed;
and 5) The garage door must be replaced. The 2013 & 2014 taxes are delinquent.

L. Stewart owned the property and stated that she did not want to tear the garage down. She
was exploring ways to get the debris removed and the repairs done. She stated that it would
take some time to correct all the defects, since she was on a fixed income. W. Krick pointed out
that the taxes were delinquent from 2013, and the property could be seized by the County in
another year or so. M. Rice stated that the building could be foreclosed on after 2015 if the
taxes were not paid. L. Stewart stated that although the taxes were late, she would pay them
before the foreclosure date. G. Borgman advised her that she must get rid of the debris piled
next to the garage, and get the building back on the foundation. K. Briggs asked Ms. Stewart if
she had someone to help her. She stated that she would have to get family and friends to help.
She also stated that she planned to get a Dumpster by the 12th of the month. G. Borgman asked
K. Briggs to explain the other repairs needed. K. Briggs showed the photos to Ms. Stewart and
explained the extensive structural issues. He estimated that the cost would be $600 to $1,000

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and asked if she was prepared to spend the amount necessary to fix the garage. L. Stewart
stated that she would not be able to pay for it within a month, but could possibly do it in two
months. K. Briggs asked her if she would be able to come back before the board in 60 days,
prepared to explain the progress she was making on the clean-up and repairs. L. Stewart stated
that she would do her best. K. Briggs advised her to start by getting a Dumpster and cleaning up
the debris, and to find a contractor to provide a repair estimate. B. Turnquist suggested that she
contact the City’s CNS department for possible assistance in finding a group who may be able
to help her. Staff and board members offered suggestions on other places she could contact for

A motion to table this case until the October 2015 meeting was made by R. Mackie, supported
by W. Krick and unanimously approved.

M. Rice (Muskegon County Equalization/Assessing Department) advised Ms. Stewart to check
with the County Treasurer regarding a hardship exemption that may assist her with future tax

There being no further business, the meeting was adjourned at 5:57 p.m.

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