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CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 27, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
AGENDA
□ CALL TO ORDER:
□ PRAYER:
□ PLEDGE OF ALLEGIANCE:
□ ROLL CALL:
□ HONORS AND AWARDS:
□ INTRODUCTIONS/PRESENTATION:
□ CITY MANAGER’S REPORT:
□ CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
B. MetroPCS First Amendment to the Tower Lease Agreement. PUBLIC
WORKS
C. Amendment to the Zoning Ordinance. PLANNING & ECONOMIC
DEVELOPMENT
□ PUBLIC HEARINGS:
□ COMMUNICATIONS:
□ UNFINISHED BUSINESS:
□ NEW BUSINESS:
A. Increase Fire Staffing Levels (Fire Fighter). PUBLIC SAFETY
B. Concurrence with the Housing Board of Appeals Notice and Order to
Demolish the Following: PUBLIC SAFETY
1073 Williams Street
324 W. Larch Avenue
448 E. Isabella Avenue
619 Amity Avenue
□ ANY OTHER BUSINESS:
□ PUBLIC PARTICIPATION:
► Reminder: Individuals who would like to address the City Commission shall do the following:
► Fill out a request to speak form attached to the agenda or located in the back of the room.
► Submit the form to the City Clerk.
► Be recognized by the Chair.
► Step forward to the microphone.
► State name and address.
► Limit of 3 minutes to address the Commission.
► (Speaker representing a group may be allowed 10 minutes if previously registered with City Clerk.)
□ CLOSED SESSION:
□ ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS
WHO WANT TO ATTEND THE MEETING UPON TWENTY-FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE
CONTACT ANN MARIE CUMMINGS, CITY CLERK, 933 TERRACE STREET, MUSKEGON, MI 49440 OR BY CALLING (231)
724-6705 OR TTY/TDD DIAL 7-1-1- TO REQUEST A REPRESENTATIVE TO DIAL (231) 724-6705.
Date: January 27, 2015
To: Honorable Mayor and City Commissioners
From: Ann Marie Cummings, City Clerk
RE: Approval of Minutes
SUMMARY OF REQUEST: To approve minutes of the January 12th
Commission Worksession Meeting, and the January 13th City
Commission Meeting.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
City of Muskegon
City Commission Worksession
January 12, 2015
City Commission Chambers
5:30 PM
MINUTES
2015-1
Present: Commissioners German, Hood, Rinsema-Sybenga, Gawron, Johnson, Turnquist, and
Spataro.
Absent: None.
Digital Spectrum Enterprises.
Since May 2005, the City has contracted with Digital Spectrum Enterprises (DSE) for
management of the City’s government access channel. In exchange for these management
rights, DSE broadcasts City Commission meetings at no direct cost to the City. The current
agreement with DSE dates from January 2012 through December 2014.
Proposed is a three year agreement renewal with DSE. Terms of the agreement are the same as
before.
Anne Bratsburg gave an overview of how the programming works. DSE receives no revenues
from the City.
This item has been placed on the January 13, 2015 Commission Meeting for consideration by the
Commission.
Section 10-351 Registration of Rental Dwellings Ordinance Amendment.
The Director of Public Safety requests the City Commission review and authorize the proposed
amendment to Chapter 10 Buildings, Article VI, Division 2, subdivision III “Rental Property”, of
the City of Muskegon Ordinances as it relates to; subsection (F) Dwelling Fire Insurance 1.
Minimum coverage; use of insurance proceeds 2. Property owners to provide city with insurance
information.
This amendment requests that property owner(s) who lease for occupancy have fire insurance in
order to restore and/or demolish a structure in the event of a fire. Further, the property owner(s)
provide information and/or fire insurance policy to the city during the rental registration process.
A violation of this amended section shall result in the suspension of the registration certificate.
This will relieve the City of Muskegon from bearing the expense to demolish uninsured rental
properties that are damaged during a working fire.
This item has been placed on the January 13, 2015 Commission Meeting for consideration by the
Commission.
Adjournment.
Motion by Commissioner Hood, seconded by Vice Mayor Spataro to adjourn at 5:56 p.m.
MOTION PASSES
____________________________
Ann Marie Cummings, MMC
City Clerk
CITY OF MUSKEGON
CITY COMMISSION MEETING
JANUARY 13, 2015
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall,
933 Terrace Street, Muskegon, MI at 5:30 p.m., Tuesday, January 13, 2015.
Mayor Gawron opened the meeting with prayer from Pastor Tim Cross from the
Living Word Church of Muskegon after which the Commission and public recited
the Pledge of Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
Present: Mayor Stephen Gawron, Vice Mayor Lawrence Spataro,
Commissioners Willie German, Dan Rinsema-Sybenga, Byron Turnquist, Ken
Johnson, and Eric Hood, City Manager Franklin Peterson, City Attorney John
Schrier, and City Clerk Ann Marie Cummings.
2015-02 HONORS AND AWARDS:
A. Muskegon Big Reds.
B. Muskegon Catholic Central Crusaders.
Mayor Gawron and Commission presented the Muskegon Big Reds and
Muskegon Catholic Central Crusaders with a Certificate of Recognition for their
successful football season.
2015-03 INTRODUCTIONS/PRESENTATION:
A. Year-In-Review. CITY MANAGER
City Manager Franklin Peterson highlighted some of the accomplishments from
the last 12 months.
2015-04 CONSENT AGENDA:
A. Approval of Minutes. CITY CLERK
SUMMARY OF REQUEST: To approve minutes of the December 8th Commission
Worksession Meeting, and the December 9th City Commission Meeting.
FINANCIAL IMPACT: None.
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BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
B. Liquor License Request – Racquets, 446 W. Western Avenue. PUBLIC
SAFETY
SUMMARY OF REQUEST: The Muskegon Police Department has received an
Application for Temporary Authorization from Downtown Pinnacle Properties
(dba Racquets Downtown Grill) for a charity volleyball event scheduled for
January 30, 2015, to January 31, 2015. The liquor license request is to include the
volleyball court area which will be located on Western Avenue between 3rd and
4th Street on January 31, 2015.
The State of Michigan Liquor Control Commission is asking for local commission
approval, for use of the city street, before the license is issued. This is a repeat
event, and the Muskegon Police Department find no reason to deny this
request.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the request.
D. Approval of Extension for Realtor Procurement Contract for CNS.
COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To extend the Procurement Contract to December 31,
2015, for Greenridge Realty to be used by the City of Muskegon Community and
Neighborhood Services office. By granting the extension, the expiration date will
coincide with the other procurement contracts.
FINANCIAL IMPACT: The awards for the realtor will be paid through the sale of
homes originally established under HOME.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the extension of the Procurement
Contracts to Greenridge Realty for the Community and Neighborhood Services
office.
E. Rezoning Request for the Property Located at 916 W. Laketon Avenue.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone the property at 916 W. Laketon Ave.
from R-1, Single Family Residential to B-4, General Business by Lakeshore Animal
Hospital.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the rezoning.
2
COMMITTEE RECOMMENDATION: The Planning Commission unanimously
recommended approval of the request at their December 11, 2014, meeting.
G. Low-Boy Trailer. PUBLIC WORKS
SUMMARY OF REQUEST: The Equipment Division has been looking for a gently
used trailer for approximately a year now and we have finally found what we
need for a price that we find acceptable. Greg Smith Farms has a trailer for
$21,000 in very nice condition and we are requesting permission to proceed with
this purchase.
FINANCIAL IMPACT: $21,000.
BUDGET ACTION REQUIRED: None, this is the amount budgeted for.
STAFF RECOMMENDATION: Authorize staff to purchase one Low-Boy Trailer from
Greg Smith Farms of Belding, MI for $21,000.
H. Agreement – Digital Spectrum Enterprises. FINANCE
SUMMARY OF REQUEST: Since May, 2005, the City has contracted with Digital
Spectrum Enterprises (DSE) for management of the City’s government access
channel. In exchange for these management rights, DSE broadcasts City
Commission meetings at no direct cost to the City. The current agreement with
DSE dates from January, 2012 through December, 2014.
Proposed is a three-year agreement renewal with DSE. Terms of the agreement
are the same as before.
FINANCIAL IMPACT: This contract entails no direct cost to the City. The City
benefits by having City Commission meetings broadcast at no cost.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of a three-year contract with DSE for
management of the government access channel.
Motion by Vice Mayor Spataro, second by Commissioner Rinsema-Sybenga to
approve the Consent Agenda as read with the exception of items C, F, and I.
ROLL VOTE: Ayes: German, Rinsema-Sybenga, Turnquist, Johnson, Gawron,
Hood, and Spataro
Nays: None
MOTION PASSES
2015-05 ITEMS REMOVED FROM THE CONSENT AGENDA:
C. Ground Lease for Nims Neighborhood Playground/Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: The City Commission approved a lease with Nims
Neighborhood for the property at the former Nims School, on October 28, 2014.
3
When Transnation Title started work on the Title Commitment, they found that
there are some issues with the formerly vacated east west alley abutting Lot 9 of
Block 493. To simplify the issue and move the process along as quickly as
possible, Nims Neighborhood and City staff agreed to modify the Lease to
include language that any improvements placed in this alley may have to be
relocated in the future.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the “Ground Lease” and authorize the
Vice-Mayor’s and City Clerk’s signatures.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the Ground Lease and authorize the Vice-Mayor’s and City Clerk’s signatures.
ROLL VOTE: Ayes: Spataro, German, Rinsema-Sybenga, Turnquist, Johnson,
Gawron, and Hood
Nays: None
MOTION PASSES
F. Request for a Permanent Stage at Hackley Park. PLANNING &
ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Parties in the Park, Inc. has proposed to donate a
permanent stage for Hackley Park that will replace the temporary stage. They
will be conducting a fundraising campaign to raise the money.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approval of the stage and the
resolution.
COMMITTEE RECOMMENDATION: The Historic District Commission unanimously
approved the request for the permanent stage at their January 6, 2015,
meeting.
Motion by Commissioner Johnson, second by Vice Mayor Spataro to approve
the installation of a permanent stage at Hackley Park.
ROLL VOTE: Ayes: Turnquist, Johnson, Gawron, Hood, Spataro, German and
Rinsema-Sybenga
Nays: None
MOTION PASSES
I. Community Relations Committee Recommendations for Various City
Boards and Committees. CITY CLERK
4
SUMMARY OF REQUEST: Accept the recommendations from the Community
Relations Committee.
Appoint to the Board of Review, Bryon Mazade, Ralph Burr, and Sandra Boone-
Thomas; to the Citizen’s Police Review Board, Carlos Flores, Nicholas Archer, Ann
Craig, William Muhammad, and Ellouise Hieftje; to the Citizen’s District Council,
Rosalind Yvonne Ford, Addie Sanders-Randall, Kim Burr, Emma Torresen and
Chris Carter; to the Civil Service Commission, David Wendtland; to the
Construction Code Board of Appeals, Matt Tighe, Victoria Luthy and Wade
Vandenbosch; to the Downtown Development Authority, Martha Bottomley, Jay
Wallace and Jessica Cook; to the Election Commission, John Bronsema; to the
Historic District Commission, Jackie Hilt and Linda Wood; to the Housing Code of
Appeals Kirk Kolberg, and Randy Macki; to the Housing Commission, Derrick
Smith and Jerry Lottie; to the Income Tax Board of Review, Dona Bonnette; to
the Local Development Finance Authority, Faye Redmond; to the Local Officer’s
Compensation Commission, Paul Edbrook; to the Planning Commission, Joe
Doyle, Timothy Michalski and Bill Larson; and to Zoning Board of Appeals,
Raymond Hilt and Bill Larson.
Accept the resignation of Katrina Hansen from the Housing Commission.
Accept the reinstatement of the Equal Opportunity Committee to the CRC
Index with language amendments.
To permanently move the Community Relations Committee meeting from the
first Monday of each month to the Monday preceding the 1st Commission
Meeting following the Commission Worksession.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval.
Motion by Commissioner German, second by Commissioner Rinsema-Sybenga
to approve the recommendations of the Community Relations Committee.
ROLL VOTE: Ayes: Hood, Spataro, German, Rinsema-Sybenga, Turnquist,
Johnson, and Gawron
Nays: None
MOTION PASSES
2015-06 NEW BUSINESS:
A. Section 10-351 Registration of Rental Dwellings Ordinance Amendment.
PUBLIC SAFETY
SUMMARY OF REQUEST: The Director of Public Safety requests that the City
Commission review and authorize the proposed amendment to Chapter 10
Buildings, Article VI, Division 2, subdivision III “Rental Property”, of the City of
5
Muskegon Ordinance as it relates to; subsection (F.) Dwelling Fire Insurance 1.
Minimum coverage; use of insurance proceeds 2. Property owners to provide
City with insurance information.
This amendment requests that property owner(s) who lease for occupancy have
fire insurance in order to restore and/or demolish a structure in the event of a
fire. Further that the property owner(s) provide information and/or fire insurance
policy to the City during the rental registration process. A violation of this
amended section shall result in the suspension of the registration certificate.
FINANCIAL IMPACT: Relieve the City of Muskegon from bearing the expense to
demolish uninsured rental properties that are damaged during a working fire.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends approving this ordinance
amendment as written.
Motion by Vice Mayor Spataro, second by Commissioner German to approve
the ordinance amendment as written.
ROLL VOTE: Ayes: Johnson, Gawron, Hood, Spataro, German, Rinsema-
Sybenga, and Turnquist
Nays: None
MOTION PASSES
ANY OTHER BUSINESS: Back corner of the building on the corner of Wood and
Marquette has collapsed.
ADJOURNMENT: The City Commission Meeting adjourned at 6:30 p.m.
Respectfully submitted,
Ann Marie Cummings, MMC
City Clerk
6
Commission Meeting Date: January 27, 2015
Date: January 21, 2015
To: Honorable Mayor and City Commissioners
From: Planning & Economic Development
RE: Amendment to the Zoning Ordinance
SUMMARY OF REQUEST:
Request to amend the zoning ordinance to allow crematories as a special land use
permitted in B-4, General Business districts, by Sytsema Properties, LLC.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the zoning ordinance amendment.
COMMITTEE RECOMMENDATION:
The Planning Commission unanimously recommended approval of the request at their
January meeting.
Staff Report (EXCERPT)
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
Hearing, Case 2015-01: Request to amend the zoning ordinance to allow crematories as a special land use
permitted in B-4, General Business districts, by Sytsema Properties, LLC.
STAFF OBSERVATIONS
1. Crematories are currently only allowed in I-1, Light Industrial and I-2, General Industrial districts as
a use by right.
2. The Sytsema Funeral Home would like to utilize a crematory at their location at 737 E Apple, which
is zoned B-4, General Business District.
3. If the ordinance is amended to allow crematories as a special land use in B-4 districts, then all
crematory applicants located in B-4 districts would need to apply for a special land use permit and
have a public hearing.
4. Staff has researched crematories and found that it has been a somewhat controversial subject in many
areas around the county. Cremations are much more common than in the past and the growing
demand is causing the need for more crematories. Some cities have allowed them to be located in
residential areas and some have denied these types of requests. The main concerns most people have
are over the potential for pollutants and odors.
5. There are currently two crematories in the Muskegon area. One at Ever Rest at 1783 E Keating in
Muskegon and one at Phoenix Crematory Services at 525 W Hume Ave in Muskegon Heights.
6. All crematories in Michigan are required to get a license from the Michigan Department of Licensing
and Regulatory Affairs.
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
SECTION 1301: SPECIAL LAND USES PERMITTED
10. Taxi/Limousine Services [amended 5/04]
11. Craft Shops [amended 5/08]
12. Crematories
13. Wind Turbine Facilities [amended 10/09].
14. Accessory uses and accessory buildings customarily incidental to the above Special Land
Uses Permitted.
15. Uses similar to the above Special Land Uses Permitted.
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO._____
An ordinance to amend Section 1301 of the Zoning Ordinance to allow crematories as a special land
use permitted in B-4, General Business districts.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
NEW LANGUAGE
Deletions are crossed out and additions are in bold:
SECTION 1301: SPECIAL LAND USES PERMITTED
10. Taxi/Limousine Services [amended 5/04]
11. Craft Shops [amended 5/08]
12. Crematories
13. Wind Turbine Facilities [amended 10/09].
14. Accessory uses and accessory buildings customarily incidental to the above Special Land Uses
Permitted.
15. Uses similar to the above Special Land Uses Permitted.
This ordinance adopted:
Ayes:______________________________________________________________
Nayes:_____________________________________________________________
Adoption Date:
Effective Date:
First Reading:
Second Reading:
CITY OF MUSKEGON
By: _________________________________
Ann Cummings, MMC, City Clerk
CERTIFICATE
The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted
by the City Commission of the City of Muskegon, at a regular meeting of the City Commission on the
27th day of January, 2015, at which meeting a quorum was present and remained throughout, and that
the original of said ordinance is on file in the records of the City of Muskegon. I further certify that
the meeting was conducted and public notice was given pursuant to and in full compliance with the
Michigan Zoning Enabling Act, Public Acts of Michigan No. 33 of 2008, and that minutes were kept
and will be or have been made available as required thereby.
DATED: ___________________, 2015. __________________________________________
Ann Cummings, MMC
Clerk, City of Muskegon
Publish: Notice of Adoption to be published once within ten (10) days of final adoption.
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on January 27, 2015, the City Commission of the City of Muskegon
adopted an ordinance to amend Section 1301 of the Zoning Ordinance to allow crematories as a
special land use permitted in B-4, General Business districts. Copies of the ordinance may be
viewed and purchased at reasonable cost at the Office of the City Clerk in the City Hall, 933
Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published ____________________, 2015. CITY OF MUSKEGON
By _________________________________
Ann Cummings, MMC
City Clerk
---------------------------------------------------------------------------------------------------------------------
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.
Account No. 101-80400-5354
5
Date: January 27th, 2015
To: Honorable Mayor and City Commissioners
From: Director of Public Safety Jeffrey Lewis
RE: Increase Fire Staffing Levels (Fire Fighter)
SUMMARY OF REQUEST:
The Director of Public Safety requests that the City Commission review and authorize
the increase of fire staffing from the current level of thirty (30) fire fighters to an
authorized strength level of thirty-three (33). This would allow eleven (11) fire fighters
per shift which would compliment our career staff and significantly reduce our current
over-time cost(s).
The department dissolved the part-time fire fighter program in December 2014, after
noting the impact had no real significant impact on the department as many of the
part- timers (12) were lost to full time departments after basic field training. The part-
time fire fighters were costly to equip & training and did not positively affect the over-
time budget as anticipated. Our goal is to replace the eighteen (18) authorized part
time staffing levels with nine (9) careers sometime in the future, understanding this
must be a cost neutral move with the idea of quality over quantity. The department
currently has a hiring list that includes several of the past part-time fire fighters that
received field training at the Muskegon Fire Department.
FINANCIAL IMPACT:
This is a cost neutral program, reallocate the “contract service” line item into
“salaries & benefit” to compensate for the added staffing. Achieve positive
effects on “over-time” line item to offset expenditures now occuring.
BUDGET ACTION REQUIRED:
Reallocate budgeted contract funds – note Union contract adjustments.
STAFF RECOMMENDATION:
Staff recommends approval of the additional staffing positions.
COMMISSION MEETING DATE: 01/27/2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order
to Demolish. Dangerous Building Case #: EN145739
SUMMARY OF REQUEST: This is to request that the City Commission Concur
with the findings of the Housing Board of Appeals that the structure located at
1073 WILLIAMS ST is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days or infraction tickets may be issued. It is further
requested that administration be directed to obtain bids for the demolition of the
structure and that the Mayor and City Clerk be authorized and directed to
execute a contract for demolition with the lowest responsible bidder.
Case# & Project Address: # EN145739 -1073 WILLIAMS ST
Location and ownership: This structure is located on Williams Ave. between Ada
and E. Isabella Avenues and is owned by TANISHA SNOWDEN.
Staff Correspondence: A dangerous building inspection was conducted on
8/18/2014. The Notice and Order to Repair was issued on 9/12/2014. On
11/6/2014 the HBA declared the structure substandard and dangerous.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 19,200
Estimated cost to repair: $ 37,500
Staff Recommendation: To concur with the Housing Board of Appeals decision
to demolish.
Additional Information (History):
Owner Contact: Letters get returned unclaimed & in some cases; with a
forwarding order. Ms. Snowden has called and seen the postings on the home
when she has been in Muskegon during the dangerous building process. She
had also provided staff with her email address to send correspondence to. She
has acknowledged receipt of items sent to her email.
Staff emailed her a copy of the notice for the City Commission meeting at her
email address she provided. A letter was also sent to her certified and posted on
the home.
Permits obtained: None.
If you disagree with the decision of the City Commission, you have the right to
file a petition for superintending control in the Circuit Court for the County of Muskegon
within 21 days after the City Commission concurs.
SAFEbuilt was unable to perform the interior inspection due to the owner cancelling it on
more than one occasion. The last cancellation came on 10/27/14.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6702 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
1073 WILLIAMS ST
Inspection noted (Exterior):
1. Roof has shingles that are deteriorated and need replacing.
2. Roof flashing is missing or incorrectly installed.
3. Handrail is missing or unsecure.
4. Entire exterior has peeling paint and is not protected from the weather by
properly applied water-resistant paint or water proof finish. This must be
properly scraped prior to fixing.
5. Windows are not weather-tight or in good repair.
6. Foundation wall have peeling paint. This must be properly scraped &
painted with weather proof/water –resistant paint or water proof finish.
7. Foundation has missing mortar or open cracks.
8. There is a large hole next to the house that is a possible sewer – must be
capped.
9. Exterior light fixtures are broken/loose/or missing.
10. Stairway (exterior) to upstairs is unsafe and needs to be re-built. Please
be advised that a building permit must be obtained from SAFEbuilt in
order to perform work of this nature and an inspection by the necessary
inspector must take place as needed.
11. Eaves are damaged throughout or missing.
12. Wood siding is missing or falling off.
13. There are bushes or trees growing into the siding that needs to be
removed.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS
BEEN DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
10-61 OF THE MUSKEGON CITY CODE.
COMMISSION MEETING DATE: 1/27/2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN145296
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 324 W LARCH
AVE is unsafe, substandard, a public nuisance and that it be demolished within thirty
(30) days or infraction tickets may be issued. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN145296 - 324 W LARCH AVE
Location and ownership: This structure is located on W. Larch Ave. between 6th and 7th
Streets and is owned by DUNCAN JAMES.
Staff Correspondence: A dangerous building inspection was conducted on 8/8/2014.
The Notice and Order to Repair was issued on 8/18/2014. On 10/2/2014 the HBA
tabled the case so the owner could work with SAFEbuilt for a complete inspection and
to work out a timeline for the next meeting. On 11/6/2014 the HBA declared the
structure substandard and dangerous.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 19,600
Estimated cost to repair: $ 38,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Additional Information (History):
Owner Contact (all letters are mailed certified and a copy of the letter at each level of
the process is also posted on the structure):
1) James Duncan: The only letter signed was for the Notice & Order. The other
letters came back unclaimed. Mrs. Duncan did call in regards to the first HBA
meeting to see if her husband had to be there or if it could be rescheduled. Staff
informed her if he was unavailable; someone else could come and help represent
him and his intent of the home. Mrs. Duncan was present for the meeting.
2) Brian Boltze (land contract seller): The first 2 letters were returned unclaimed.
The rest have been signed by Brian Boltze.
Mrs. Duncan has called and had the post office fax a note stating that they are having
problems receiving their mail as Mrs. Duncan has been in the post office on more than
one occasion to complain about this.
The HBA did table the case (10/2/2014) the first time so Mrs. Duncan could have an
inspection and timeline created with SAFEbuilt to be presented at the next meeting
(11/6/2014). The inspection was cancelled and a new one scheduled. The next
inspection with SAFEbuilt had also been cancelled.
Permits obtained: PB140914 issued 9/30/2014 – expires 3/29/2015. This permit is to
replace 5 windows and 2 exterior windows. No inspections have been completed in
regards to this permit as of 1/19/15.
SAFEbuilt had not been in to perform a complete inspection.
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6702 (Office) (231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
324 W LARCH AVE
Inspection noted: 8/8/14
Exterior:
1) There is a broken tree limb on the roof that needs to be removed-may have
punctured roof.
2) Roof flashing is missing or incorrectly installed.
3) Aluminum flashing is loose or missing.
4) Has eave boards that are rotted or missing.
5) Porch: Steps are deteriorated or missing-when installing new, steps must have
36" landing at the top if entering door.
6) Door is broken or missing.
7) Door has a hole in it.
8) Door hardware is loose.
9) Concrete steps are deteriorated.
10) Rubbish, garbage, appliances or household furniture stored on open porch.
11) Foundation walls have missing mortar or open cracks.
12) Eaves: Has aluminum fascia that is loose, falling off or missing.
13) Foundation walls have peeling paint. Paint must be properly scraped prior to
painting.
14) Window(s) has/have broken or cracked glass.
SAFEbuilt will need to perform an interior inspection to determine the extent of the interior.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
COMMISSION MEETING DATE: 1/27/2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN146340
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 448 E ISABELLA
AVE is unsafe, substandard, a public nuisance and that it be demolished within thirty
(30) days or infraction tickets may be issued. It is further requested that administration
be directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN146340 - 448 E ISABELLA AVE
Location and ownership: This structure is located on E. Isabella Ave. between Wood
and Williams Streets and is owned by BARNHARD ELIZABETH.
Staff Correspondence: A dangerous building inspection was conducted on 8/27/2014.
The Notice and Order to Repair was issued on 9/12/2014. On 111/6/2014 the HBA
declared the structure substandard and dangerous.
Financial Impact: CDBG Funds
Budget action required: None
State Equalized value: $ 13,600
Estimated cost to repair: $ 100,000+ (had a fire)
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Additional Information (History):
Owner Contact: Certified Mailings (house is also posted with each step):
1) Elizabeth Barnhard: Letters were returned unsigned. The Post Office either had
stickers on them stating that there was no forwarding order, unclaimed, or not
deliverable as addressed (the mailing address hadn’t been changed on any of
these).
2) Joyce Singleton (land contract seller): Letters were returned unsigned with a note
stating “unclaimed” for 3 occasions of delivery. There was 1 letter that was
signed for the HBA scheduled meeting.
3) County Treasurer (this property will be foreclosed on for past due taxes as of
April 1, 2015): All certified mailing cards have been returned and signed.
No contact has been made by the property owners.
Permits obtained: None
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
SAFEbuilt had never been called in to do an interior/fire inspection of this structure.
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6702 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
448 E ISABELLA AVE
Inspection noted (exterior only):
1) Has eave boards that are rotted or missing.
2) Siding has holes in it or is rotted or missing.
3) Siding has peeling paint--and is not protected from weather by a properly applied
water resistant paint or finish. This must be properly scraped before painting.
4) Has trim that has holes in it or is rotted or missing.
5) Has peeling paint that needs to be scraped and needs to be protected from
weather by properly applied water-resistant paint or waterproof finish.
6) Ceiling is deteriorated or missing.
7) Rubbish, garbage, appliances or household furniture stored on open porch.
8) Trim is rotted.
9) Exterior trim has peeling paint that needs to be properly scraped and needs to be
protected from weather by properly applied water-resistant paint or waterproof
finish.
10) Window frame is rotted.
11) Window(s) has/have broken or cracked glass.
12) Severe fire damage from 7/24/2014 fire.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE
MUSKEGON CITY CODE.
COMMISSION MEETING DATE: 1/27/2015
TO: Honorable Mayor and Commissioners
FROM: Jeffrey Lewis, Director of Public Safety
RE: Concurrence with the Housing Board of Appeals Notice and Order to
Demolish. Dangerous Building Case #: EN090113
SUMMARY OF REQUEST: This is to request that the City Commission Concur with the
findings of the Housing Board of Appeals that the structure located at 619 AMITY AVE
is unsafe, substandard, a public nuisance and that it be demolished within thirty (30)
days or infraction tickets may be issued. It is further requested that administration be
directed to obtain bids for the demolition of the structure and that the Mayor and City
Clerk be authorized and directed to execute a contract for demolition with the lowest
responsible bidder.
Case# & Project Address: # EN090113 - 619 AMITY AVE
Location and ownership: This structure is located on Amity Ave. between Scott and
Kenneth Streets and is owned by SAAHI FARHAD.
Staff Correspondence: A dangerous building inspection was conducted (originally in
2009) and then on 1/15/2014 (for the current owner). A Notice and Order to Repair was
not issued as the current owner was aware of what was needed and the work stopped
with no contact from the owner. On 11/6/2014 the HBA declared the structure
substandard and dangerous.
Financial Impact: General Funds
Budget action required: None
State Equalized value: $ 19,100
Estimated cost to repair: $ 23,000
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.
Additional Information (History): This had started out as a dangerous building 5/4/2009
with a prior owner. There had been some issues and questions in regards to who had
owned the structure, etc.
4/1/2013 = County Treasurer foreclosed for delinquent property taxes.
8/19/2013 = Laketon LLC purchased from the County Treasurer.
1/10/2014 = Farhad Saahi purchased from Laketon LLC.
Owner Contact: All letters are mailed certified mail for each step of the process. The
letters for the current owner have been returned unsigned, stating they are unclaimed.
Permits obtained: These are permits that were obtained during the ownership of the
current owner.
1) PB140033 – Issued 2/14/2014 – Last Inspected 4/9/2014 – Expired 8/13/2014 =
Description: Home to be renovated per DB list – roof, electrical, plumbing;
remodel 2 bedrooms & 2 bathrooms. This work was to be completed by the
6/15/14 deadline. Windows were not installed to code.
2) PE140089 – Issued 2/14/2014 – No Inspections were scheduled – Expired
8/13/2014 = Description: Repairs per DB list – Rewire Entire House.
3) PM140065 – Issued 2/14/2014 – No Inspections were scheduled – Expired
8/13/2014 = Repairs per DB List (mechanical).
4) PP140023 – Issued 2/14/2014 – No Inspection were scheduled – Expired
8/13/2014 = Description: Repairs per DB List (plumbing).
If you disagree with the decision of the City Commission, you have the right to file a
petition for superintending control in the Circuit Court for the County of Muskegon within 21
days after the City Commission concurs.
CITY OF MUSKEGON/SAFEbuilt
933 Terrace St. Ste 204, P.O. Box 536, Muskegon, MI 49443
DANGEROUS BUILDING INSPECTION REPORT
01/15/2014
Owner Farhad Saahi
6479 Avalon Dr.
Caledonia, MI 49316
Property Address 619 AMITY AVE Parcel # 24-205-052-0004-00
Inspector: JACK BYERS
DEFICENCIES:
Items 1-3 were listed to be completed by 3/30/2014.
1) CODE COMPLIANT GUARDRAIL NEEDS TO BEINSTALLED AT TOP OF STAIRS ON
2ND FLOOR ALONG WITH HANDRAIL.
2) UPSTAIRS BATHROOM NEEDS TO BE COMPLETELY REDONE.
3) BALLOON FRAME CONSTRUCTION NEEDS TO BE FIRE BLOCKED PROPERLY AT
WALL/CEILING INTERSECTIONS. ALSO, SISTER STUDS FROM SILL PLATE TO
TOP PLATE ALONG STUDS WHICH ARE PIECED TOGETHER TO GET REQUIRED
HEIGHT.
Items 4-9 were listed to be completed by 4/19/2014.
4) INSULATE TO CODE AND FINISH WALLS.
5) NEEDS TO REMOVE ROOFING DOWN TO ROOF BOARDS, REPLACE BOARDS AS
NECCESSRY AND REROOF TO CODE.
6) REMOVE REAR CHIMMNEY. CAN BE REPLACED WITH NEW IF WANTED
7) ELECTRIC SERVICE REPLACED TO CODE
8) TO BE REWIRED TO CODE
9) SMOKE ALARMS INSTALLED TO CODE
Items 10-17 were listed to be completed by 5/10/2014.
10) INSPECT AND CERTIFY CHIMNEYS
11) RESTORE ALL PLUMBING
12) CLEAN AND RESTORE DUCTWORK
13) PRESSURE TEST GAS LINE
14) INSPECT AND CERTIFY BUILDING SEWER AND WATER SERVICE
15) RESTORE BATH VENT FANS
16) ALL WORK TO CONFORM WITH 2012 MPC & MMC
17) PROVIDE ALL PLUMBING WATER DISTRIBUTION, DRAIN AND VENT
There was a note that the entire project will be done by June 15, 2014. The final
inspections can be scheduled for no later than June 15. 2014. Signed by Farhad
Saahi on 1/29/2014.
_____________________________ _______________
JACK BYERS, Building Inspector Date
CITY OF MUSKEGON
CODE COMPLIANCE DEPARTMENT
933 TERRACE ST STE 202
MUSKEGON, MI 49440
(231) 724-6702 (Office)
(231) 724-6790 (Fax)
DANGEROUS BUILDING REPORT
619 AMITY AVE
2009 Inspection-This will need an updated inspection. If there is a reference to a building code
no longer in use; then the current building code requirements will take their place.
Inspection noted:
Exterior (5/4/2009):
1. Roof covering is failing. Replace roofing on home & garage.
2. Home has been boarded up over 6 months
3. Repair - replace all damaged windows and doors on home an garage.
4. Replace - repair damaged siding.
5. Replace garage car entry doors.
6. Remove debris from yard.
7. Provide interior inspection by trade inspectors.
Interior (5/15/2009):
1. Rewire house to code.
2. Install smoke alarms to code.
3. Replace electric service to code.
4. Rewire garage to code.
Service is wrong currently 100 amp panel on 60 amp service.
5. Inspect & certify furnace chimney & water heater.
6. Pressure test gas line.
7. Inspect & certify water service & building sewer.
8. Clean duct work.
9. Inspect & repair or replace house plumbing.
10. Need scald free faucet for tub shower.
11. Establish house plumbing fixtures.
12. Repair ductwork -insure all piping is supported.
All work to conform with the current MI Plumbing & Mechanical codes.
13. Repair all ceilings, walls & floors.
14. Replace or repair all broken doors and windows.
15. Provide new floor covering in areas being remodeled - bathroom.
16. All work must meet MRC 2009 residential code.
BASED UPON A RECENT INSPECTION OF THE ABOVE PROPERTY, IT HAS BEEN
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR
SUBSTANDARD BUILDING AS SET FORTH IN SECTION 10-61 OF THE MUSKEGON CITY
CODE.
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