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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
11/03/11
5:45 PM
ATTENDANCE: Randy Mackie, William Krick, Greg Borgman, Chris Carter, Ed Simmons,
Kirk Kolberg
ABSENT:
EXCUSED: Jon Rolewicz
STAFF: Carmen Smith, Jim Hoppus, Don LaBrenz II, Henry Faltinowski
GUESTS: Shannon Woodley(1597 Park), Gary Crain(1675 Pine St. Garage)
Meeting minutes: A motion was made by Randy Mackie and seconded by Ed Simmons to
approve the September 2011 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick(late)
Chris Carter(late)
Ed Simmons
Kirk Kolberg
Motion carried.
DANGEROUS BUILDING NEW CASES
EN-110128 – 1597 Park(Home & Garage) – Shannon Woodley, 09169 57th St. Grand
Junction, MI 49056.
Mr. Shannon Woodley was present to represent property. Mr. Woodley stated his plan is to
repair structure. He noticed on agenda that he had not pulled permits. He said he was told
during inspection that as homeowner he didn’t need to obtain a permit except electrical and
heating. He said new basement windows are in and porch has been removed. Don LaBrenz
asked what home was going to be used for. Mr. Woodley stated he planned to rent out. Mr.
LaBrenz stated there is nothing that doesn’t require permits. The electrical and
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mechanical/plumbing require licensed contractors. Mr. Woodley said he must of
misunderstood. Henry Faltinowski stated that any demo requires a permit. Mr. LaBrenz stated
there had been no contact and since structure is on dangerous building program a timeline of
repairs is required from owner. Greg Borgman made recommendation to get business card
and set up meeting with inspector and come up with schedule of repairs. Mr. Woodley asked if
a permit was required to demolish the garage and he was told yes.
Motion was made by Randy Mackie to table case until the December meeting and was
seconded by Chris Carter.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-110144-(Garage) – 1675 Pine St. – Gary/Mary Crain Trust – 1423 Marcoux, Muskegon,
MI 49442
Gary Crain was present to represent property.
Mr. Crain stated this case is complicated because he filed chapter 7 bankruptcy which was
granted back in April. He said he has record of federal judge discharging home from him. He
said the property belongs to Huntington Bank who has changed locks and posted no
trespassing sign. He said he doesn’t have legal rights to enter home much less to tear down.
He stated that the problem is Huntington Bank has kept his name on deed. He stated he
contacted bank to say he would sign any paperwork to relinguish his right. He said his position
is that ownership is defined as the entity that has changed locks and posted no trespassing
signs. He said he doesn’t care if the City tears the structure down he just doesn’t want the bill
to come to him. Randy Mackie said he talked with Treasurer and if his name is still on the
deed he would be billed for demolition thru collection agency. Mr. Krick made
recommendation to write letter to clarify ownership status. Mr. Carter made suggestion that
Mr. Crain speak with judge who handled bankruptcy to take name off deed. The treasurer can
only go by what’s on the record. Mr. Carter asked about lien process. Bryon Mazade stated
that this board is restricted to concerns about the structure itself. Mr. Crain stated he has
spent a lot of money following the rules and wanted to know how it is determined who the real
owner is. He said if the City sends him the bill and goes thru a collection process it will mar his
name and undo all the legal processes he’s tried to put in place. Mr. Crain asked if process
could be delayed while he tries to correct matters regarding ownership. Mr. Labrenz stated
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there would be some time that passes before structure would be demolished. Mr. Crain said
he just wants it to be on record he doesn’t agree with us tearing down structure and billing him
when he doesn’t own it.
Motion made by Chris Carter to declare the structure substandard, dangerous and a public
nuisance and was seconded by Ed Simmons.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-110157-2226 CONTINENTAL – WILLIAM SPRINGSTEAD – 271 CATAWBA,
MUSKEGON, MI
No one was present to represent property.
Motion made by Randy Mackie to declare the structure substandard, dangerous and a public
nuisance and was seconded by Kirk Kolberg.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
William Krick
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
OLD BUSINESS:
Greg Borgman asked about status of filling position of Director of Public Safety. Bryon
Mazade said position hopefully would be filled by end of year. William Krick asked about
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condition of neighborhoods and who complaints should be directed to. There was discussion
amongst board about code enforcement process and neighborhood block clubs involvement.
NEW BUSINESS:
ADJOURNMENT: 6:15 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.
Ann Cummings, City Clerk
933 Terrace Street
Muskegon, MI 49443
(231) 724-6705 or TDD (231) 724-6773
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