City Commission Packet Archive 07-22-2003

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                 CITY OF MUSKEGON
                 CITY COMMISSION MEETING
                                 JULY 22, 2003
          CITY COMMISSION CHAMBERS                          @     5:30 P.M.


                                       AGENDA

•   CALL TO ORDER:
•   PRAYER:
•   PLEDGE OF ALLEGIANCE:
•   ROLL CALL:
•   HONORS AND AWARDS:
•   PRESENTATIONS:
•   CONSENT AGENDA:
                 a. Approval of Minutes. CITY CLERK
                 b. FIRST   READING:     Zoning   Ordinance     Amendment for      Decks.
                      PLANNING & ECONOMIC DEVELOPMENT
                 c. FIRST READING: Zoning Ordinance Amendment for Bed & Breakfast
                    Facilities. PLANNING & ECONOMIC DEVELOPMENT
                 d. MDOT Contract for Phase IV of the Lakeshore Trail.            LEISURE
                      SERVICES
                 e. Lead Base Paint Abatement for 351 Erickson.           COMMUNITY &
                      NEIGHBORHOOD SERVICES
                 f.   Approval of Rehabilitation       Contract    with   Lewis   Johnson
                      Construction for 351 Erickson.   COMMUNITY & NEIGHBORHOOD
                      SERVICES
                 g. Budgeted Vehicle Replacement. DEPARTMENT OF PUBLIC WORKS
•   PUBLIC HEARINGS:
•   COMMUNICATIONS:
•   CITY MANAGER'S REPORT:
•   UNFINISHED BUSINESS:
                 a. Second Quarter 2003 Budget Reforecast. FINANCE
•   NEW BUSINESS:
                 a. DPW Reorganization Plan. DEPARTMENT OF PUBLIC WORKS
                       b. Concurrence With the Housing Board of Appeals Notice and Order
                          to Demolish the Following:
                            1. 1253 Calvin
                           2. 590 Catherine
                           3. 444 Orchard (Garage only)
                           4. 1447 Terrace (Garage only)
                           5. 984 Pine
                           6. 940 Wood
                           7. 472 Monroe
o ANY OTHER BUSINESS:
o   PUBLIC PARTICIPATION:
•   Reminder: Individuals who would like to address the City Commission shall do the following:
•   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 l O minutes if previously registered with City Clerk.)
o 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 GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 724-4172.
Date:     July 22, 2003
To:        Honorable Mayor and City Commissioners
From:      Gail A. Kundinger, City Clerk
RE:       Approval of Minutes




SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, July 7, 2003; and the Regular
Commission Meeting that was held on Tuesday, July 8, 2003.



FINANCIAL IMPACT: None.



BUDGET ACTION REQUIRED: None.



STAFF RECOMMENDATION: Approval of the minutes.
              CITY OF MUSKEGON
              CITY COMMISSION MEETING
                             JULY 22, 2003
          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, Michigan at 5:30pm, Tuesday, July 22, 2003.
   Mayor Warmington opened the meeting with a prayer from Reverend Nana
Kratochvil from the Harbor Unitarian Universalist Congregation, after which members
of the City Commission and members of the public joined in reciting the Pledge of
Allegiance to the Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING:
   Present: Mayor Stephen Warmington, Vice Mayor Karen Buie; Commissioners
Stephen Gawron, William Larson, Robert Schweifler, Clara Shepherd and Lawrence
Spataro; City Assistant Manager Lee Slaughter, City Attorney John Schrier and City
Clerk Gail Kundinger.
2003-56 CONSENT AGENDA:
               a. Approval of Minutes. CITY CLERK
  SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession
  that was held on Monday, July 7, 2003; and the Regular Commission Meeting that
  was held on Tuesday, July 8, 2003.
   FINANCIAL IMPACT: None.
   BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: Approval of the minutes.
               b. FIRST READING: Zoning Ordinance Amendment for               Decks.
                  PLANNING & ECONOMIC DEVELOPMENT
  SUMMARY OF REQUEST: Request to amend Section 2307 (Permitted Yard
  Encroachments) of Article XXIII (General Provisions) of the City's Zoning Ordinance
  in order to clarify the setbacks for decks, and to add definitions to Article II
  (Definitions) for "Deck", "Patio", and "Porch".
   FINANCIAL IMPACT: None.
   BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: Staff         recommends       amendment    of the    Zoning
  Ordinance as described above.
  COMMITTEE     RECOMMENDATION:       The   Planning   Commission    recommended
             c. FIRST READING: Zoning Ordinance Amendment for Bed & Breakfast
                Facilities. PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 700 (Principal Permitted Uses) of
Article VII (RM-1, Low Density Multiple-Family Residential) of the City's Zoning
Ordinance in order to allow bed & breakfast facilities with more than 2 guest rooms.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance as
described above.
COMMITTEE RECOMMENDATION: The Planning Commission recommended approval of the
request at their 7 /10 meeting. The vote was unanimous with B. Mazade, T. Harryman
and S. Warmington absent.
             d. MDOT Contract for Phase IV of the Lakeshore Trail.              LEISURE
                SERVICES
SUMMARY OF REQUEST: To authorize the Mayor and Clerk to sign the agreement for
construction of phase IV of the Lakeshore Trail.
FINANCIAL IMPACT: Bid price was $314,267. State will pay $240,000 and the City is to
provide $74,267.
BUDGET ACTION REQUIRED: None, the funds will come from the golf course fund.
STAFF RECOMMENDATION: Approve.
             e. Lead Base Paint Abatement for 351           Erickson.    COMMUNITY &
                NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the bid with West Michigan Construction for lead
abatement at the City owned property of 351 Erickson for the total cost of $22,980.
After the lead abatement is completed the structure will be totally rehabilitated and
sold to a qualified family for home ownership.
FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2002 HOME
budget.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To approve the low bid of $22,980 from West Michigan
Construction and authorize the mayor and clerk to sign the contract.
             f. Approval of Rehabilitation Contract with Lewis Johnson Construction
                for 351 Erickson. COMMUNITY & NEIGHBORHOOD SERVICES
SUMMARY OF REQUEST: To approve the contract with Lewis Johnson Construction 16076
Bonita Ct., Grand Haven, Ml for the total rehabilitation of the City owned property
located at 351 Erickson for the cost of $45,900.
The property at 351 Erickson is part of the City's Comprehensive Neighborhood
Redevelopment efforts under the Jackson Hill Urban Redevelopment Project. (WGIRTT)
After the rehabilitation is completed, the home will be sold to a qualified family under
the City's ownership efforts.
FINANCIAL IMPACT: Funding will be allocated from the City's 2002 HOME fund budget.
BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: To approve the contract.
  Motion by Vice Mayor Buie, second by Commissioner Schweifler to approve the
  Consent Agenda as read minus item g.
  ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
             Buie
               Nays: None
  MOTION PASSED
  2003-57 ITEMS REMOVED FROM CONSENT AGENDA
               g. Budgeted Vehicle Replacement. DEPARTMENT OF PUBLIC WORKS
  SUMMARY OF REQUEST: Approval to purchase two 2004 Ford Explorers.
  FINANCIAL IMPACT: Total Cost $47,081.00.
  BUDGET ACTION REQUIRED: None.
  STAFF RECOMMENDATION: Approve purchase of two Ford Explorers from Great Lakes
  Ford.
  Motion by Commissioner Schweifler, second by Commissioner Spataro to table
  approval of purchase for 2004 Ford Explorers until August 12, 2003 Regular
  Commissioner Meeting.
  ROLL VOTE: Ayes: Larson,       Schweifler,   Shepherd,   Spataro,   Warmington,   Buie,
             Gawron
               Nays: None
  MOTION PASSED
2003-58   UNFINISHED BUSINESS:
               a. Second Quarter 2003 Budget Reforecast. FINANCE
  SUMMARY OF REQUEST: At this time staff is transmitting the Second Quarter 2003
  Budget Reforecast which outlines proposed changes to the original budget that have
  come about as result of changes in policy priorities, labor contracts, updated economic
  conditions or other factors. For the next meeting, an action item will be placed on the
  agenda for adoption of the second quarter budget reforecast together with any
  additional changes deemed necessary by Commissioners.
  FINANCIAL IMPACT: General fund revenues continue to deteriorate. The estimate for
  City income tax revenues has been reduced by $200,000 and the shortfall in state
  shared revenues, when compared to the original budget, currently stands at $515,220.
  We have included in the 2nd Quarter Reforecast the projected use of another $500,000
  in budget stabilization fund reserves. General fund expenditures are projected to be
  $257,257 more than originally budgeted primarily due to large capital projects that
  were anticipated to be completed in 2002 when the 2003 budget was prepared.
  BUDGET ACTION REQUIRED: Self-explanatory.
  STAFF RECOMMENDATION: The City Commission should review the Reforecast to ensure
  it reflects their policy initiatives. At the next City Commission meeting, staff will
  request formal approval of the Reforecast and related budget amendments.
  Motion by Commissioner Larson, second by Vice Mayor Buie to approve the Second
  Quarter 2003 Budget Reforecast.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 7 /23/01
and interior inspection was conducted 8/21 /01. A Notice and Order to repair was
issued 8/2/01. The case was heard by the HBA on 9/6/01 and the case was tabled for
60 days at that time. The case was heard again 12/6/01 and the owner was again
granted 60 days to complete the exterior repairs. On 6/ 6/02 the HBA granted 120 days
to complete the exterior repairs.      On 10/7 /02 the HBA declared the property
substandard and dangerous.
OWNER CONTACT: There has been no contact since the October 2002 HBA meeting.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: General Funds
STATE EQUALIZED VALUE: $16,200
ESTIMATED COST TO REPAIR: $15,000
Motion by Commissioner Shepherd, second by Commissioner Larson to table the
decision to demolish 1253 Calvin until the Regular Commission meeting on August
12, 2003 and have staff keep Commission informed of progress.
ROLL VOTE: Ayes: Warmington,       Buie,   Gawron,   Larson,   Schweifler,   Shepherd,
           Spataro
             Nays: None
MOTION PASSES
             2. 590 Catherine
CASE# & PROJECT ADDRESS: #02-84, 590 Catherine, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Catherine between Maple and
Chestnut. It was owned by Rosemary Williams (she presides th4ere), but has gone back
to the state for taxes.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 11 /12/02
and an interior inspection was conducted 1/22/03. A Notice and Order to repair was
issued 3/21 /03. On 4/21 /03 the owner called the Inspection Department and asked
what the notice of hearing was about. She was recommended to attend the meeting
and state her intentions to the board. The case was heard before the HBA on 5/1 /03
and they declared the structure substandard and dangerous on that date. The owner
was not present for that meeting.
OWNER CONTACT: There has been no contact since the owner called the Inspection
Department on 4/21 /03.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $13,900
ESTIMATED COST TO REPAIR: $8,000
            3. 444 Orchard (Garage only)
CASE# & PROJECT ADDRESS: #02-73 - 444 Orchard (Garage only), Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Orchard between Wood and
Williams. It was owned by Lucille Hayes, now deceased. Her daughter is trying to sell
the property.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 9 / 11 /02.
A Notice and Order to repair was issued 9/26/02. The case was heard by the HBA on
3/ 6/03 and the garage was declared substandard and dangerous on that date.
OWNER CONTACT: The owner is deceased and her daughter scheduled the building
inspector to do an inspection on the garage with her and he told her what repairs were
required to be done. She didn't have the money to do the repairs and is trying to sell
the house.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None.
STATE EQUALIZED VALUE: $14,900
ESTIMATED COST TO REPAIR: $2000 (Garage only)
             4. 1447 Terrace (Garage only)
CASE# 8: PROJECT ADDRESS: #02-77 - 1447 Terrace - (Garage only), Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Terrace between Irwin and E.
Grand. It is owned by Murray Vanderstelt.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 9/11 /02.
A Notice and Order to repair was issued 9/26/02. A permit to repair the garage was
pulled by the owner 11 /12/02 and expired on 1/ 12/03 before any work was done. The
case was heard by HBA on 2/6/03 and the garage was declared substandard and
dangerous on that date, but the owner was told the Director of Inspections would delay
bringing it before City Commission until June 2003 to allow him time to repair. On
7 / 14/03 the owner was allowed to pull a new permit to repair the garage, but was
informed that if the repairs were not completed by the 7 /22/03 commission meeting,
the case would move forward for their concurrence.
OWNER CONTACT: The owner has been in the office twice to pull a permit and was
present at the HBA meeting to state that he wanted to repair the garage.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $24,400
ESTIMATED COST TO REPAIR: $2000 - Garage only
             5. 984 Pine
CASE# 8: PROJECT ADDRESS: #03-03 - 984 Pine St., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Pine Street between Apple and
Walton. It is owned by Gerald Fauer.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 1 /28/03
after complaints from near by businesses and employees of the County Building of the
danger of a board hanging loose from the top of the building. An interior inspection was
conducted 2/26/03. An additional inspection report was written on 3/31 /03 and the
Notice and Order to repair was issued the same day. Because of the structural damage,
architectural drawings are required for any repairs. The case was heard by the HBA on
6/5/03 and the structure was declared substandard and dangerous. The owner was not
present at the meeting.
OWNER CONTACT: There has been no contact since the interior inspection.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: General Funds
STATE EQUALIZED VALUE: $26,700
ESTIMATED COST TO REPAIR: $25,000
            6. 940 Wood
CASE# Et PROJECT ADDRESS: #02-80 - 940 Wood St., Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Wood Street between Allen and
Amity. It is owned by Janice Carter.
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on the garage
on 9/ 11 /02 and a notice and order to repair or remove was issued 9/26/02. The owner
pulled a permit to repair the front portion of the home and garage on 10/18/02. The
HBA heard the case on the garage on 12/5/02 and tabled the case for 210 days to allow
the owner time to try to get help with repairing the roof and garage. On 4/15/03 the
MPD notified the Director of Inspections the roof structure appeared to be near
collapse. On that date the house inspection was conducted and on 5/2/03 the HBA
heard the case. They declared the house substandard and dangerous, but voted to
delay bringing the case to commission for 90 additional days. There has been no
contact from the owner since the meeting in May.
OWNER CONTACT: There has been no contact since the interior inspection.
FINANCIAL IMPACT: CDBG
BUDGET ACTION REQUIRED: None
STATE EQUALIZED VALUE: $15,200
ESTIMATED COST TO REPAIR: $25,000
Motion by Commissioner Spataro, second by Vice Mayor Buie to concur with Housing
Board of Appeals decision to demolish 590 Catherine, 444 Orchard (Garage only),
1447 Terrace (Garage only), 984 Pine and 940 Wood and authorize the Mayor and
City Clerk to execute a contract for demolition with the lowest responsible bidder.
ROLL VOTE: Ayes: Spataro,     Warmington,    Buie,   Gawron,    Larson,   Schweifler,
           Shepherd
            Nays: None
MOTION PASSES
            7. 472 Monroe
CASE# Et PROJECT ADDRESS: #03-15, 472 Monroe, Muskegon, Ml
LOCATION AND OWNERSHIP: This structure is located on Monroe between Seventh and
Eighth Streets and is owned by First Concepts Development (Ed Brandel).
STAFF CORRESPONDENCE: A dangerous building inspection was conducted on 2/24/03
because of the length of time the structure was vacant and boarded. There have been
numerous police reports and the City has had the structure boarded. A Notice and
Order to repair or remove was issued 3/4/03. On 5/1 /03 the HBA declared the
structure substandard and dangerous. The owner was not present at the meeting. Ed
Brandel called the Inspection office after the meeting and scheduled an interior
   inspection for 5/22/03. The inspection was conducted and a copy of the report was
   faxed to him on 5/29/03. There has been no further contact.
   OWNER CONTACT: There has been no contact since the interior inspection.
   FINANCIAL IMPACT: CDBG
   BUDGET ACTION REQUIRED: None
   STATE EQUALIZED VALUE: $23,400
   ESTIMATED COST TO REPAIR: $8,000
   Motion by Commissioner Shepherd, second by Vice Mayor Buie to concur with the
   Housing Board of Appeals decision to demolish 472 Monroe and to authorize the
   Mayor and the City Clerk to execute a contract for demolition with the lowest,
   responsible bidder.
   ROLL VOTE: Ayes: Buie,      Gawron,    Larson,    Schweifler,     Shepherd,   Spataro,
              Warmington
               Nays: None
  MOTION PASSES
2003-60 CLOSED SESSION: Pending litigation
  Motion by Vice Mayor Buie, second by Commissioner Schweifler to go into closed
  session at 6: 1 Bpm.
   ROLL VOTE: Ayes: Gawron, Larson, Schweifler, Shepherd, Spataro, Warmington,
              Buie
               Nays: None
  MOTION PASSES
  Motion by Vice Mayor Buie, second by Commissioner Schweifler to go into open
  session at 7: 1 Bpm .
  ROLL VOTE: Ayes: Larson, Schweifler,        Shepherd,   Spataro,     Warmington,   Buie,
             Gawron
               Nays: None
  MOTION PASSES
  The Regular Commission Meeting for the City of Muskegon was adjourned at 7: 18PM.
                                             Respectfully submitted,




                                             ~Lr
                                             Gail Kundinger, MMC
                    Commission Meeting Date: July 22, 2003

Date:         July 11, 2003

To:           Honorable Mayor and City Commissioners
From:         Planning & Economic Developm~
RE:           Zoning Ordinance Amendment for Decks


SUMMARY OF REQUEST:

Request to amend Section 2307 (Permitted Yard Encroachments) of Article XXIII
(General Provisions) of the City's Zoning Ordinance in order to clarify the setbacks for
decks, and to add definitions to Article II (Definitions) for "Deck", "Patio", and "Porch".

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance as described above.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 7/10 meeting.
The vote was unanimous with B. Mazade, T. Harryman and S. Warmington absent.




7/11/2003
                                        Staff Report [EXCERPT)
                                         CITY OF MUSKEGON
                                       PLANNING COMMISSION
                                         REGULAR MEETING
                                               July 10, 2003


Hearing; Case 2003-29: Staff-initiated request to amend Section 2307 (Permitted Yard
Encroachments) of the zoning ordinance regarding setbacks for decks.


BACKGROUND
Section 2307 (Permitted Yard Encroachments) currently states the following:

2.      Uncovered patios, rear and side yards: Attached terraces, patios, porches and decks no more than two feet
        above grade may be built to the rear or side prope1ty line where an established fence line exists.
        Otherwise, uncovered terraces, patios, porches and decks shall be a minimum of three (3) feet from rear
        and side property lines.

The current language is ambiguous. The word "otherwise" is intended to mean that if no
established fence line exists then decks under 2 feet above grade must be at least 3 feet from the
property line. However, this language could be interpreted to mean that decks over 2 feet above
grade can be 3 feet from property lines. The building code treats decks over 2 feet above grade
as part of the principal structure and the zoning ordinance should clearly state that they need to
meet the same setback requirements as the principal structure (house).

Staff is proposing the following changes (deletions in st1·il.@tlir11, additions in italic):

2.     TT:a.sgug1·@d patios, porches i:@ar and sid@ yai;ds and decks: Attach@d t@rrac@s, Patios;
       pol'.li.@s and uncovered decks no more than two feet above grade may be built to the rear
       or side propetty line where an established fence line exists. Otli.@rmis@ If no established
       fence line exists, t@rra.@s, patios , por.li.@s and uncovered decks no more than two feet
       above grade ,;li,aU must be a minimum of three (3) feet from rear and side property lines.
       All decks or porches more than two feet above grade, must comply with the setback
       requirements of the principal structure.

Staff is also proposing to add the following definitions to the ordinance:

Deck: A floored structure, typically with a railing, that adjoins a house.

Patio: An uncovered, paved outside area used for several purposes including leisure, social
gatherings, etc. Patios may be attached to a home or a separate area; they may be made
Ji-om concrete, paving bricks or created from other similar products.

Porch: A covered entrance to a building, usually projecting from the wall.



City of Muskegon Planning Commission - 7/10/03
                                         CITY OF MUSKEGON
                                         NOTICE OF ADOPTION

Please take notice that on July 22, 2003, the City Commission of the City of Muskegon adopted an
ordinance amending Section 2307 (Permitted Yard Encroachments of Article XXIII (General
Provisions), and Article II (Definitions) of the Zoning Ordinance.

The amendment changes #2 of Section 2307 to the following:

2.      Patios, porches and decks: Patios and uncovered decks no more than two feet above
        grade may be built to the rear or side property line where an established fence line
        exists. If no established fence line exists, patios and uncovered decks no more than
        two feet above grade must be a minimum of three (3) feet from rear and side property
        lines. All decks or porches more than two feet above grade, must comply with the
        setback requirements of the principal structure.

The amendment also adds definitions of"Deck", "Patio" and "Porch" to the Zoning Ordinance.

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 _ ____c_J_u_l_,_y_2-'--9_ _ _., 2003         CITY OF MUSKEGON

                                                       By _ _ _ _ _ _ _ _ _ _ _ __
                                                               Gail A. Kundinger, MMC
                                                               Its Clerk




PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

Account No. 101-80400-5354




                                                                                                   5
                                          CITY OF MUSKEGON

                                 MUSKEGON COUNTY, MICIDGAN

                                        ORDINANCE NO._illJ

An ordinance to amend the Zoning Ordinance of the City to amend Section 2307 (Permitted
Yard Encroachments) of Article XXIII (General Provisions) and Article II (Definitions).

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 2307 of the Zoning Ordinance of the City of Muskegon is hereby amended to replace #2 as
follows:

       2.         Patios, porches and decks: Patios and uncovered decks no more than two feet
                  above grade may be built to the rear or side property line where an established
                  fence line exists. If no established fence line exists, patios and uncovered
                  decks no more than two feet above grade must be a minimum of three (3) feet
                  from rear and side property lines. All decks or porches more than two feet
                  above grade, must comply with the setback requirements of the principal
                  strncture.

Article II of the Zoning Ordinance of the City of Muskegon is hereby amended to add the following
definitions:

       Deck: A floored structure that adjoins a house.

       Patio: An uncovered, paved outside area used for several purposes including leisure,
       social gatherings, etc. Patios may be attached to a home or a separate area; they may
       be made from concrete, paving bricks or created from other similar products.

       Porch: A covered entrance to a building, projecting from the wall.


This ordinance adopted:




       Nayes:-----'O'----------------------------

Adoption Date:      ,Jn 1 y 2 2 • 2 oo3

Effective Date:     August 8,       2003

FirstReading:       July 22 1 2003




                                                                                                    2
Second Reading:_ __ __ _ _ _ _ ____.:__ _ _ _ _ __



                                                         CITY OF MUSKEGON .             j             .
                                                         By      ~Q~~k
                                                                 GailA.Kundinger, MMC, City ~




               Commission Meeting Date: July 22, 2003 - Zoning Ordinance Amendments for Decks



                                             CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby ce1tify that the foregoing is a tiue 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
22nd day of July, 2003, 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




DATED: July 22, •               ~ 2003.              L
                                                               _    L
meeting was conducted and public notice was given pursuant to and in full compliance with Act No.
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.

                                                                               J..,.,..Jg..,.J
                                                 Gail Kundinger, MMC
                                                 Clerk, City of Muskegon



Publish:        Notice of Adoption to be published once within ten (IO) days of final adoption.
                   Commission Meeting Date: July 22, 2003

Date:         July 11, 2003
To:           Honorable Mayor and City Commiss~s
From:         Planning & Economic Developme~
RE:           Zoning Ordinance Amendment for Bed & Breakfast Facilities


SUMMARY OF REQUEST:

Request to amend Section 700 (Principal Permitted Uses) of Article VII (RM-1, Low
Density Multiple-Family Residential) of the City's Zoning Ordinance in order to allow bed
& breakfast facilities with more than 2 guest rooms.

FINANCIAL IMPACT:

None

BUDGET ACTION REQUIRED:

None

STAFF RECOMMENDATION:

Staff recommends amendment of the Zoning Ordinance as described above.

COMMITTEE RECOMMENDATION:

The Planning Commission recommended approval of the request at their 7/10 meeting~
The vote was unanimous with B. Mazade, T. Harryman and S. Warmington absent.




7/1 1/2003
                                         Staff Report [EXCERPT]
                                          CITY OF MUSKEGON
                                        PLANNING COMMISSION
                                           REGULAR MEETING
                                                July I 0, 2003


Hearing; Case 2003-26: Request to amend the Zoning Ordinance to permit tourist homes
with more than 2 guest rooms in the RM-1, Low Density Multiple-Family Residential
zoning district, by Elizabeth B. Sherman.


BACKGROUND
The applicant has purchased the former Bob Carr's House of Gifts and has converted it into a
Tourist Home (Bed & Breakfast). The property is zoned RM-I, Low Density Multiple-Family
Residential which allows this use, with up to 2 guestrooms. The applicant would like to add a
third guestroom.

Tourist Homes are defined in the Zoning Ordinance as:

        Tourist Home - Bed and Breakfast Facilities: Any dwelling used or designed in such a manner
        that certain rooms other than those used by the resident family, and occupied as a dwelling unit,
        are rented to the public for compensation and shall cater primarily to the public traveling by motor
        vehicle.

Tourist Homes are not considered to be home occupation businesses; in fact they are specifically
mentioned under those uses which are prohibited as home occupation businesses:

                 5)       A lodging service including but not limited to, a tourist home, motel or hotel

Tourist Homes are permitted in the RT district under special use permit and in the RM-I district
as a principal permitted use. All RM-I principal permitted uses are also permitted in the RM-2
and RM-3 districts as well, by reference. The use is not mentioned anywhere else in the
ordinance. Therefore, there is no zoning district which currently permits a tourist home to have
more than 2 guestrooms.

Staff is proposing to amend the definition of Tourist Home as follows:

       Tourist Home (Bed & Breakfast Facilities): A use which is subordinate to the principal
       use of a dwelling unit as a single-family dwelling unit in which transient guests are
       provided a sleeping room and board in return for payment and which does not provide
       separate cooking facilities to such guests.

Staff is proposing the following regulations regarding Tourist Homes. The use would remain as
a special use in the RT district and a principal use in the RM-I, RM-2 and RM-3 districts. Staff
is also proposing that the use be added to the H district as a special use.


City of Muskegon Planning Commission - 7/10/03
    Tourist homes, under the following conditions:

a.         The owner/operator of the tourist home shall live full-time on the premises.

b.         No structural additions or enlargements shall be made to accommodate the tourist home
           use and no exterior alterations to the structure shall be made which will change the
           residential appearance of the structure.

c.         Breakfast shall be served on the premises, only for guests of the facility, and no other
           meals shall be provided to guests.

d         No long-term rental of rooms for more than fourteen (14) consecutive days shall be
          permitted. No guest may stay for more than twenty-eight (28) nights in any given year.

e.        There shall be a maximum offive (5) guestrooms. No more than two (2) adults are
          permitted to stay in any guestroom.

f          Signage shall conform to that which is permitted for home occupation businesses only.

g.         Rental of the tourist home for special gatherings such as wedding receptions and parties
           shall be prohibited.

h.         The property shall meet all local and state code requirements regarding bed and
           brea¾fast facilities.

Parking requirements for Bed & Breakfast uses are already in place in the parking section of the
ordinance. The ordinance requires one paved, off-street parking space for each guest room as
well as two spaces for the permanent resident(s).




City of Muskegon Planning Commission - 7/10/03                                                        2
__,,_..
                                               CITY OF MUSKEGON
                                               NOTICE OF ADOPTION

          Please take notice that on July 22, 2003, the City Commission of the City of Muskegon adopted an
          ordinance amending Section 700 (Principal Permitted Uses) of Article VII (RM-1 , Low Density
          Multiple-Family Residential), and Article II (Definitions) of the Zoning Ordinance.

          The amendment changes #4 of Section 700 to the following:

          4.     Bed & Breakfast facilities, under the following conditions:
                 a.   The owner or operator of the tourist home shall Iive full-time on the premises.
                 b.   No structural additions or enlargements shall be made to accommodate the tourist home
                      use and no exterior alterations to the structure shall be made which will change the
                      residential appearance of the structure.
                 c.   Breakfast may be served on the premises, only for guests of the facility, and no other
                      meals shall be provided to guests.
                 d.   No long-te1m rental of rooms for more than fourteen (14) consecutive days shall be
                      permitted. No guest may stay for more than twenty-eight (28) nights in any given year.
                 e.   There shall be a maximum of five (5) guestrooms. No more than two (2) adults are
                      permitted to stay in any guestroom.
                 f.   Signage shall conform to that which is permitted for home occupation businesses only.
                 g.   Rental of the tourist home for special gatherings such as wedding receptions and parties
                      shall be prohibited.
                 h.  The prope1iy shall meet all local and state code requirements regarding bed and
                      breakfast facilities.

          The amendment also removes the current definition of"Tourist Home - Bed and Breakfast Facilities"
          from the ordinance and replaces it with a new definition for "Bed & Breakfast Facilities".

          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, dilling regular business hours.

                 This ordinance amendment is effective ten days from the date of this publication.
                                    ~9
          Published          Ju 1 y -r-2-'   , 2003             CITY OF MUSKEGON

                                                                By _ _ _ __ _ __ _ _ _ _ __
                                                                     Gail A Kundinger, MMC
                                                                     Its Clerk




          PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.

          Account No. 101-80400-5354




                                                                                                             5
                                       CITY OF MUSKEGON

                               MUSKEGON COUNTY, MICHIGAN

                                      ORDINANCE NO2 l l 2

An ordinance to amend the Zoning Ordinance of the City to amend Section 700 (Principal
Permitted Uses) of Article VII (RM-1, Low Density Multiple-Family Residential) and Article II
(Definitions).

THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:

Section 700 of the Zoning Ordinance of the City of Muskegon is hereby amended to replace #4 as
follows:

4.      Bed & Breakfast facilities, under the following conditions:

        a.      The owner or operator of the tourist home shall live full-time on the premises.

        b.      No structural additions or enlargements shall be made to accommodate the tourist
                home use and no exterior alterations to the strncture shall be made which will change
                the residential appearance of the strncture.

        c.      Breakfast may be served on the premises, only for guests of the facility, and no other
                meals shall be provided to guests.

        d.      No long-term rental of rooms for more than fourteen (14) consecutive days shall be
                permitted. No guest may stay for more than twenty-eight (28) nights in any given
                year.

       e.       TI1ere shall be a maxin1UU1 of five (5) guestrooms. No more than two (2) adults are
                permitted to stay in any guestroom.

       f.       Signage shall conform to that which is permitted for home occupation businesses
                only.

       g.       Rental of the tourist home for special gatherings such as wedding receptions and
                parties shall be prohibited.

       h.       The property shall meet all local and state code requirements regarding bed and
                breakfast facilities.

Article II of the Zoning Ordinance of the City of Muskegon is hereby amended to delete the definition
for "Tourist Home - Bed and Breakfast Facilities and replace it with the following definition:

       Bed & Breakfast Facilities: A use which is subordinate to the principal use ofa dwelling unit


                                                                                                      2
           as a single-family dwelling unit in which transient guests are provided a sleeping room and
           board in return for payment and which does not provide separate cookingfacilities to such
           guests. Tourist Homes and Bed & Breaifast Facilities are identical for the purposes ofthis
           ordinance.


This ordinance adopted:

           Ayes:__o~ - - - - - - - - -- -- - - - - - - -- - - --

           Nayes:_ ~o_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ __ __ _

Adoption Date: July 2 2, 2003

Effective Date:     August 8, 2003

First Reading:      July 22, 2003

Second Reading:._ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ __




       Commission Meeting Date: July 22, 2003 - Zoning Ordinance Amendments for Bed & Breakfast Facilities



                                               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
22nd day of July, 2003, 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 Act No.

                                                       rl _                            .
267, Public Acts of Michigan of 1976, as amended, and that minutes were kept and will be or have
been made available as required thereby.                             ~

DATED:        July 22               , 2003.           rila_....L                    ~fffl,A..,)
                                                   Gai Kundinger, MMC
                                                   Clerk, City of Muskegon



Publish:          Notice of Adoption to be published once within ten (10) days of final adoption.
Date:     July 10, 2003
To:       Honorable     ~~YJ" and City Commissioners
From:     Ric Scott   ~      ¢/-
RE:       MOOT Contract for Phase IV of the Lakeshore
          Trail


SUMMARY OF REQUEST:
To authorize the Mayor and Clerk to sign the attached
agreement for construction of phase IV of the Lakeshore
Trail


FINANCIAL IMPACT:
Bid Price was $314,267.     State will pay $240,000 the
City to provide $74,267


BUDGET ACTION REQUIRED :
None, the funds will come from the golf course fund


STAFF RECOMMENDATION:
Approve


COMMITTEE RECOMMENDATION:
Affirm olive Action
231 /724-6703
FAX/722-12 14

Assessor
231/724-6708
FAX/726-5181

Cemetery
231/724-6783
FAX/726-5617

Civil Service
231/724- 6716
FAX/724-4405                                         W~t MJchJgan's Shoreline City
Clerk
23 I /724-6705
FAX/724-4178

Comm. & Neigh.
                      Date:         July 10, 2003
  Services
231/724-6717          To:           Honorable Mayor and City Commissioners
FAX/726-250 I
                      From:         Ric Scott ~
Engineering
23 I /724-6707        Re:           MOOT Contract for Phase IV of the Lakeshore
FAX/727-6904
                                    Trail
Finance
231/724-6713          Attached is the contract with MOOT for construction of
FAX/724-6768
                      Phase IV of the Lakeshore Trail. Staff is requesting
Fire Dept.            that the commission adopt the attached resolution and
231/724-6792
FAX/724-6985          authorize the Mayor and Clerk sign the Agreement. Phase
                      IV of the Trail runs from Fisherman's Landing to Third
Income Tnx
231 /724-6770         St .
FAX/724-6768
                      The contract provides $240,000 in grant monies that the
Info. Systems
23 I /724-6744        city will match with $60,000. However, the bid for the
FAX/722-4301          project was $314 , 267, so the city will need to provide
Leisure Service       $74 , 267, which will come from the golf course fund.
231 /724-6704
FAX/724-1196          Construction should begin on the project in late August
Manager's Office
                      with completion scheduled for next Spring.
23 I /724-6724
FAX/722-1214          Thank you for your consideration.
Mayor's Office
23 I /724-670 I
FAX/722-1214

Inspection Services
231/724-6715
FAX/726-250 I

Plonnlng/Zonlng
23 I /724-6702
FAX/724-6790

Police Dept.
231/724-6750
FAX/722-5140

Public Works
231/724-4100
FAX/722-4188

Treusurer
231/724-6720
FAX/724-6768

Wnter Dllllng Dept,
231/724-6718
FAX/724-6768

Water Flllrotlon
231/724-4106
F AX/755-5290


                            City of Muskegon, 933 Terrace Street, P .0. Box 536, Muskegon, MI 49443-0536
                                     RESOLUTION 2003-56 -(.d)


RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
CONSTRUCTION OF PHASE IV OF THE LAKESHORE TRAIL TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT

Moved by Vice Mayor Buie                                    and supported by

Commissioner Schweifler                          that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 03-5336 between the Michigan
Department of Transportation and the City of Muskegon for the Construction of Phase IV of the
Lakeshore Trail within the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 03-5336 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.



Adopted this    2 2nd       day of    July        , 2003.




                                                     Gail A. Kundinger, City Clerk



                                           CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on Ju 1 y 2 2 , 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.
                                                        STATE OF MICHIGAN

JENNIFER M. GRANHOLM                       DEPARTMENT OF TRANSPORTATION                                        GLORIA J. JEFF
                                                                                                                  DIRECTOR
          GOVERNOR                                           LANSING


                                                           July 8, 2003


          Ms. Gail Kundinger, Clerk
          City of Muskegon
          933 Terrace Street
          PO Box 536
          Muskegon Ml 49443-0536

          Dear Ms. Kundinger:                                                             JUL O 9 2003

          RE:        MOOT Contract No.: 03-5336
                     Control Section: STE 61407                                                          DEP[
                     Job Number: 50984

          Enclosed is the original and one copy of the above described contract between your organization and
          the Michigan Department of Transportation (MOOT). Please take time to read and understand this
          contract. If this contract meets with your approval, please complete the following checklist:

                     Please do not date the contracts. MOOT will date the contracts when they are executed. A
                     contract is not executed unless it has been signed by both parties.

                     Secure the necessary signatures on all contracts.

                     Include a certified resolution. The resolution should specifically name the officials who are
                     authorized to sign the contracts.

                     Return all copies of the contracts to my attention of the Department's Design Division, 2nd
                     floor for MOOT execution.

          A copy of the executed contract will be forwarded to you. If you have any questions, please feel free
          to contact me at (5 l 7) 335-2264.

                                                             Sincerely,


                                                           ~      ~~VY'
                                                             Jackie Burch              U
                                                                                                   L\_ q_S-
                                                                                                    D      D
                                                             Contract Processing Specialist
                                                             Design Division

          Enclosure




                              MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 · LANSING, MICHIGAN 48909
                                                 www.michigan.gov • (517) 373-2090
 LH-LAN-0 (01/03)
                                                       STATE OF MICHIGAN
JENNIFER M. GRANHOLM                     DEPARTMENT OF TRANSPORTATION                                  GLORIA J. JEFF
          GOVERNOR                                                                                        DIRECTOR
                                                            LANSING


                                                      August 12, 2003



          Ms. Gail Kundinger, Clerk
          City of Muskegon
          933 Terrace Street
          PO Box 536
          Muskegon MI 49443-0536

          Dear Ms. Kundinger:

          RE:        MDOT Contract Number:         03-5336
                     Control Section:              STE 61407
                     Job Number:                   50984


          Enclosed is a fully executed copy of the above noted agreement.

                                                                    Sincerely,



                                                                   itJU.,u..,Burch~1; r,
                                                                    Contract Processing Specialist
                                                                    Design Division

          Enclosure

          cc:      T. Todd, Design Support Area
                   A. Cluistensen, Financial Operations Division
                   Grand Region Engineer




                            MURRAY D. VAN WAGONER BUILDING• P.O. BOX 30050 · LANSING, MICHIGAN 48909
                                               www.michigan.gov • (517) 373~2090
LH-LAN-0 (01/03)
TRANSPORTATION ENHANCEMENT                                     DAB
NON-TRUNKLINE                                       Control Section                    SIP 0261 (338)
FEDERAL-AID                                         Job Number                         50984
CONSTRUCTION BY LOCAL                               Project                            STE 61407
AGENCY                                              Federal Item No.                   RR 3306
                                                    Contract No.                       03-5336


        THIS CONTRACT is made and entered into this date of _ _ _        A_U_G_0_?_2_0_03___
by and between the MICHIGAN DEPARTMENT OF TRANSPORTATION, hereinafter
referred to as the "DEPARTMENT"; and the CITY OF MUSKEGON, a Michigan municipal
corporation, hereinafter referred to as the "REQUESTING PARTY"; for the purpose of fixing
the rights and obligations of the parties in agreeing to the following improvements, hereinafter
referred to as the "PROJECT":

       Grading, multi-use pathway, and pedestrian bridge work for Phase IV of the Lakeshore
       Trail (Shoreline Drive) from Third Street to Fisherman's Landing Park; and all together
       with necessary related work.


       WITNESSETH:

       WHEREAS, pursuant to Federal law, monies have been provided for the performance of
transportation enhancement activities; and

        WHEREAS, it has been determined that the PROJECT qualifies for such funding by
virtue of its direct relationship with the intermodal transportation system; and

       WHEREAS, the PROJECT, at the request of the REQUESTING PARTY, is being
programmed with the United States Department of Transportation, Federal Highway
Administration, hereinafter referred to as the "FHWA", for implementation with the use of
Federal Funds under the following Federal program(s) or funding:

                    TRANSPORTATION ENHANCEMENT ACTIVITIES
                       SURFACE TRANSPORTATION PROGRAM

        WHEREAS, the parties hereto have reached an understanding with each other regarding
the performance of the PROJECT work and desire to set forth this understanding in the form of a
written agreement.
                                                                                              '   "'"'"   lj"'

        NOW, THEREFORE, in consideration of the premises al)£! oi.111;,.~tujll'fd':1:~~jngs of
the parties and in conformity with applicable law, it is agreed: }{ \:.          t.1
                                                                              L;·,~ic.:,:r~,'c,\\\
                                                                  ,-~•-i·Y, nr ""' ·
                                                                  ' .,   '   '

                                                                                 JUL 2 S ?003

12/23/92 TE-LG.FOR 6/24/03                      1
        I.      The parties hereto shall undertake and complete the PROJECT in accordance with
the terms of this contract.

       2.      The term "PROJECT COST", as herein used, is hereby defined as the cost of the
physical construction necessary for the completion of the PROJECT.

        The costs incurred by the REQUESTING PARTY for preliminary engineering,
right-of-way, construction engineering and inspection, legal, financing, audit, contract
advertising, and construction contract administration are excluded from the PROJECT COST as
defined by this contract.

       3.      The DEPARTMENT is authorized by the REQUESTING PARTY to perform
such administration of the PROJECT as is necessary to assist the REQUESTING PARTY to
qualify the PROJECT for Federal Aid. Such administration shall include programming the
available Federal funds for the PROJECT with the FHWA and performing such review and
oversight activities as are necessary to assist the REQUESTING PARTY in meeting applicable
Federal and State requirements.

     The DEPARTMENT shall authorize the REQUESTING PARTY to proceed with the
PROJECT work in the following phases:

              PHASE I:              ADVERTISING OF CONSTRUCTION CONTRACT
              PHASE II:             AWARD OF CONSTRUCTION CONTRACT

        The REQUESTING PARTY shall neither advertise nor award the construction contract
for the PROJECT prior to receipt of written authorization from the DEPARTMENT to proceed.

       The DEPARTMENT shall make a final acceptance inspection of the PROJECT as
necessary to meefFederal Aid requirements. No charges will be made by the DEPARTMENT to
the PROJECT for any inspection work or constrnction engineering.

       4.     The REQUESTING PARTY shall perform or cause to be performed all the
PROJECT work. It is understood that portions or all of the PROJECT work will be placed under
contract by the REQUESTING PARTY. The performance of the PROJECT work will be
subject to the "General Agreement Provisions for Federal Aid Projects", attached hereto as
"EXHIBIT I", pages I through 5, and made a part hereof, and the following conditions:

              A.     The REQUESTING PARTY will, at no cost to the DEPARTMENT or the
                     PROJECT, design or cause to be designed the PROJECT and shall accept
                     full responsibility for that design. Any review undertaken by the
                     DEPARTMENT are for its own purposes and are not to nor do they
                     relieve the REQUESTING PAR TY of liability for any claims, causes of
                     action, or judgments arising out of the design of the PROJECT.



12/23/92 TE-LG.FOR 6/17/03                    2
            B.    The REQUESTING PARTY, prior to receiving authorization from the
                  DEPARTMENT to advertise the constrnction contract, shall certify to the
                  DEPARTMENT that the plans, specifications, and estimates for the
                  PROJECT have been prepared in compliance with applicable State and
                  Federal standards and regulations.

            C.    The REQUESTING PARTY shall secure the DEPARTMENT'S approval
                  of the contracting procedures to be followed by the REQUESTING
                  PARTY in connection with the administration of the constrnction contract
                  for the PROJECT. It is understood that the construction contract(s) for the
                  PROJECT shall be publicly advertised and awarded on the basis of the
                  lowest responsive bid in accordance with current FHWA and
                  DEPARTMENT procedures.

            D.    The REQUESTING PARTY, prior to receipt of authorization from the
                  DEPARTMENT to award the construction contract, shall certify to the
                  DEPARTMENT that the selection of the contractor was made in
                  accordance with the tenns of this contract and applicable Federal, State
                  and local statutes, regulations, and ordinances.

            E.    The REQUESTING PARTY will comply with all applicable State,
                  Federal and local statutes, ordinances and regulations, including, but not
                  limited to, those specifically relating to construction contract
                  administration and obtain all permits, approvals, and give appropriate
                  notifications that are required for the performance of the PROJECT work.

                  The REQUESTING PARTY agrees to comply with all applicable
                  requirements of Part 91, Soil Erosion and Sedimentation Control of the
                  Natural Resources and Environmental Protection Act, 1994 PA 451 as
                  amended by 1995 PA 60, MCL 324.9101 et. seq., for all PROJECT work
                  performed under this contract, and the REQUESTING PARTY shall
                  require its contractors and subcontractors to comply with the same.

            F.    All work in connection with the PROJECT shall be performed in
                  conformance with the Michigan Department of Transportation Standard
                  Specifications for Constrnction, special provisions, and the supplemental
                  specifications and plans pertaining to the PROJECT, and all materials
                  furnished and used in the construction of the PROJECT shall conform to
                  the aforesaid specifications. The REQUESTING PARTY shall neither
                  seek nor receive reimbursement for any extra work.

            G.    The REQUESTING PARTY, at no cost to the PROJECT or to the
                  DEPARTMENT, shall appoint a project engineer who shall be in
                  responsible charge of the PROJECT and ensure that the plans and


12/23/92 TE-LG.FOR 6/17/03                 3
                  specifications are followed and shall perform or cause to be performed the
                  construction engineering and inspection services necessary for the
                  completion of the PROJECT.

                  Should the REQUESTfNG PARTY elect to use consultants for
                  construction engineering and inspection, the REQUESTING PARTY shall
                  provide a full-time project manager employed by the REQUESTING
                  PARTY who shall ensure that the plans and specifications are followed.

            H.    The REQUESTING PARTY, at no cost to the PROJECT or the
                  DEPARTMENT, shall make such arrangements or secure any and all
                  necessary pem1its with railway companies, utilities, concerned state,
                  federal, and local agencies etc., as may be necessary for the performance
                  of work required for the PROJECT and will forward same to the
                  DEP ARTMEl'iT for such reviews and approvals as may be required.

            I.    The REQUESTING PARTY shall require the contractor who is awarded
                  the contract for the construction of the PROJECT to provide, as a
                  minimum, insurance in the amounts specified in and in accordance with
                  the DEPARTMENT'S current Standard Specifications for Construction,
                  and to:

                  (1)    Maintain bodily injury and property damage msurance for the
                         duration of the PROJECT.

                  (2)    Provide owner's protective liability insurance naming as insureds
                         the State of Michigan, the Michigan State Transportation
                         Commission, the DEPARTMENT and its officials, agents, and
                         employees, the REQUESTING PARTY and any other party with
                         jurisdiction for the roadway being constructed as the PROJECT,
                         and their employees for the duration of the PROJECT and to
                         provide copies of certificates of insurance to the insureds. It is
                         understood that the DEPARTMENT does not assume either
                         ownership of any portion of the PROJECT or jurisdiction of any
                         REQUESTING PARTY highway as a result of being named as an
                         insured on the owner's protective liability insurance policy.

                  (3)    Comply with the requirements of notice of cancellation and
                         reduction of insurance set forth in the current Standard
                         Specifications for Construction and to provide copies of notices
                         and reports prepared to those insured.




12/23/92 TE-LG.FOR 6/17/03                 4
              J.      (I)    The REQUESTING PARTY shall, within 10 days of any
                             ceremony to be held in connection with the PROJECT, notify the
                             DEPARTMENT.

                      (2)    The REQUESTING PAR TY shall, when issuing any news release
                             or promotional material regarding the PROJECT, give the
                             DEPARTMENT and FHWA credit for participation in the
                             PROJECT.

                      (3)    Upon completion of all PROJECT work, the REQUESTING
                             PARTY shall, within 60 days of said completion, prepare and
                             submit a project report in accordance with current DEPARTMENT
                             requirements. Said report & notification shall be submitted to:

                               Jacqueline G. Shinn, Transportation Enhancement Administrator
                               Office of Economic Development and Enhancement
                               425 West Ottawa, P.O. Box 30050
                               Lansing, Michigan 48909
                               Phone (517) 335-1069

              K.      Upon completion of all PROJECT work, the REQUESTING PARTY shall
                      so notify the DEPARTMENT and shall request a final acceptance
                      inspection thereof. In the event that there is disagreement between the
                      parties with respect to final acceptance, the DEPARTMENT'S decision
                      shall be final and binding.

        5.      The PROJECT COST shall be met in part by contributions from agencies of the
Federal Government. Federal Funds shall be applied to the eligible items of PROJECT COST at
a participation ratio equal to 80 percent up to an amount not to exceed $240,000. The balance of
the PROJECT COST, after deduction of Federal Funds, shall be paid by the REQUESTING
PARTY. The PROJECT COST and the cost participation are estimated to be as follows:

       ESTIMATED COST             FEDERAL FUNDS*              REQUESTING PARTY FUNDS
          $300,000                    $240,000                         $60,000

        *The Federal Funds which shall be applied to the eligible items of PROJECT COST are
limited to the amount provided herein. Any items of PROJECT COST not reimbursed by Federal
Funds will be the sole responsibility of the REQUESTING PARTY.

       6.     The REQUESTING PARTY shall be responsible for the payment of all costs and
expenses incurred in the performance of PROJECT work. Billings for costs incurred by the
REQUESTING PARTY under the tenns of this contract shall be prepared and submitted to the
DEPARTMENT by the REQUESTING PARTY for reimbursement with Federal Funds in
accordance with the procedures of the DEPARTMENT. Progress billings may be submitted bi-


12/23/92 TE-LG.FOR 6/17/03                     5
monthly during the time work is being performed provided, however, that no bill of a lesser
amount than $1,000.00 shall be submitted unless it is a final or end of fiscal year billing. All
billings shall be labeled either "Progress Bill Number _ _ _ _ _ " or Final Billing".

        The REQUESTING PARTY shall not request reimbursement of more than 95 percent of
its eligible costs until final acceptance of the PROJECT. The REQUESTING PARTY shall
request a final acceptance inspection of the PROJECT in accordance with the provisions of
Section 4 of this contract. Final acceptance shall be secured by the REQUESTING PARTY
within six (6) months of the completion date set in the REQUESTING PARTY'S construction
contract or subsequent extension approved by the DEPARTMENT. Should the REQUESTING
PARTY fail to secure final acceptance of the PROJECT by the deadline as specified herein, the
REQUESTING PARTY shall repay all Federal funds reimbursed for the PROJECT. Upon final
acceptance of the PROJECT by the DEPARTMENT in accordance with the provisions of
Section 4 of this contract and DEPARTMENT procedures, the REQUESTING PARTY may
request final reimbursement.

        7.      The REQUESTING PARTY shall maintain accurate records and accounts relative
to the cost of the PROJECT. Said accounts shall be retained for a period of three (3) years after
final payment by the DEPARTMENT and shall be available for audit by the DEPARTMENT
and the FHWA.

       The REQUESTING PARTY, upon completion of the PROJECT and payment of all
items of PROJECT COST related thereto, shall make a final accounting to the DEPARTMENT.

        Reimbursement of any cost pursuant to this contract shall not constitute a final
determination by the DEPARTMENT of the allowability of such cost and shall not constitute a
waiver by DEPARTMENT of any violation of the terms of this contract committed by the
REQUESTING PARTY. Final settlement of costs shall be made upon completion of all
PROJECT work and the DEPARTMENT'S acceptance of an audit performed by a certified
public accountant in accordance with 49 CFR Pai118.26, and 0MB Circular A-133, and/or final
audit by the DEPARTMENT. The REQUESTING PARTY promises to promptly repay the
DEPARTMENT for any disallowed items of cost previously disbursed by the DEPARTMENT.
The REQUESTING PARTY pledges its future receipts from the Michigan Transportation Fund
for repayment of all disallowed items and, upon failure to make repayment for any disallowed
items within ninety (90) days of demand by the DEPARTMENT, the DEPARTMENT is hereby
authorized to withhold an equal amount from the REQUESTING PARTY'S share of any future
distribution of Michigan Transportation Fund in settlement of said claim.

        8.     It is understood that the REQUESTING PARTY is the owner of the facilities
constructed as the PROJECT and that said facilities may require special or unusual operation
and/or maintenance. The REQUESTING PARTY certifies, by execution of this contract, that
upon completion of construction and at no cost to the PROJECT or the DEPARTMENT, it will
properly maintain or provide for the maintenance and operation of the PROJECT, making ample
provisions each year for the performance of such maintenance work as may be required.


12/23/92 TE-LG.FOR 6/17/03                     6
        On projects for the construction of bikeways. the REQUESTING PARTY will enact no
ordinances or regulations prohibiting the use of bicycles on the facility hereinbefore described as
the PROJECT and will amend any existing restrictive ordinances in this regard so as to allow use
of this facility by bicycles. No motorized vehicles shall be permitted on such bikeways or
walkways constructed as the PROJECT except those for maintenance purposes.

        On projects involving the restoration of historic facilities, the REQUESTING PARTY
agrees that the project will not be advertised for bids until the owner of such facilities has
granted an historic preservation easement to the State of Michigan in accordance with 1995 PA
60, for the purpose of insuring that the historic property will be preserved. The REQUESTING
PARTY also agrees that such facilities shall be maintained and repaired by the REQUESTING
PARTY or owner, as applicable, at no cost to the DEPARTMENT or the PROJECT, in such a
manner as to preserve the historical integrity of features, materials, appearance, workmanship,
and environment.

        On projects which include landscaping, the REQUESTING PARTY agrees to perform or
cause to be performed, at no cost to the DEPARTMENT, the watering and cultivating necessary
to properly establish the plantings for a period of two growing seasons, in general conformance
with Section 815.03(L) of the DEPARTMENT'S Standard Specifications for Construction. The
REQUESTING PARTY shall maintain all plantings following completion of said period of
establishment.

       Failure of the REQUESTING PARTY to fulfill its responsibilities as outlined herein may
disqualify the REQUESTING PARTY from future Federal-aid participation in Transportation
Enhancement projects or in other projects on roads or streets for which it has maintenance
responsibility. Federal Aid may be withheld until sllch time as deficiencies in regulations have
been corrected, and the improvements constructed as the PROJECT are brollght to a satisfactory
condition of maintenance.

      9.      In addition to any protection afforded by a policy of insurance, the
REQUESTING PARTY agrees to indemnify and save harmless the State of Michigan, the
Michigan State Transportation Commission, the DEPARTMENT and all officers, agents, and
employees thereof:

               A.      From any and all claims by persons, firms, or corporations for labor,
                       materials, supplies or services provided to the REQUESTING PARTY in
                       connection with the contract which the REQUESTING PARTY shall
                       perfom1 under the tem1s of this contract; and

               B.      From any and all claims for injuries to, or death of, any and all persons,
                       for loss of or damage to property, environmental damage, degradation,
                       response and cleanup costs, and attorney fees or other related costs, arising
                       out ot~ under, or by reason of this Agreement, including the design of the


12/23/92 TE-LG.FOR 6/17/03                       7
                       PROJECT, except claims resulting from the sole negligence or willful acts
                       or omissions of said indenmitee, its agents, or employees.

       The DEPARTMENT shall not be subject to any obligations or liabilities by contractors of
the REQUESTING PARTY or their subcontrnctors or any other person not a party to this
contract without its specific consent and notwithstanding its concurrence in or approval of the
award of any contract or subcontract or the solicitation thereof.

        It is expressly understood and agreed that the REQUESTING PARTY shall take no
action or conduct which arises either directlv or indirectly out of its obligations, responsibilities,
and duties under this contract, which results in claims being asserted against or judgments being
imposed against the State of Michigan, the DEPARTMENT, and/or the Michigan State
Transportation Commission.

       In the event that the same occurs, for the purpose of this contract, it will be considered as
a breach of this contract thereby giving the State of Michigan, the DEPARTMENT, and/or the
Michigan State Transportation Commission a right to seek and obtain any necessary relief or
remedy, including, but not by way of limitation. a judgment for money damages.

      10.     The DEPARTMENT'S sole reason for entering into this contract is to enable the
REQUESTING PARTY to obtain and use funds provided by the Federal Highway
Administration pursuant to Title 23 of the United States Code.

        Any and all approvals of, reviews of, and recommendations regarding contracts,
agreements, permits, plans, specifications, or documents, of any nature, or any inspections of
work by the DEPARTMENT pursuant to the tenns of this contract are done to assist the
REQUESTING PARTY in meeting program guidelines in order to qualify for available funds.
Such approvals, reviews, inspections, and recommendations by the DEPARTMENT shall not
relieve the REQUESTING PARTY of its ultimate control and shall not be construed as a
warranty of their propriety or that the DEPARTMENT is assuming any liability, control, or
jurisdiction.

       The providing of recommendations or advice by the DEPARTMENT does not relieve the
REQUESTING PARTY of its exclusive jurisdiction of any of its highways and responsibility
under MCL 691.1402, MSA 3.996(102).

       When providing approvals, reviews, inspections, and recommendations under this
contract, the DEPARTMENT is perfo1111ing a governmental function, as that term is defined in
MCL 691.1401; MSA 3.996(101), which is incidental to the completion of the PROJECT.

        11.    The DEPARTMENT, by executing this contract and rendering services pursuant
to this contract, has not and does not assume either: (1) jurisdiction of any REQUESTING
PARTY highway for purposes of MCL 691.1402; MSA 3.996(102), or (2) ownership and control
of any public building for purposes of MCL 691. 1406; MSA 3. 996( 106 ). Exclusive jurisdiction


12/23/92 TE-LG.FOR 6/17/03                        8
of such highway for the purposes of MCL 691.1402; MSA 3.996(102) rests with the
REQUESTING PARTY.

         12.    The REQUESTING PARTY agrees that the costs reported to the DEPARTMENT
for this contract will represent only those items that are properly chargeable in accordance with
this contract. The REQUESTING PARTY also certifies that it has read the contract terms and
has made itself aware of the applicable laws, regulations, and terms of this contract that apply to
the reporting of costs incurred under the terms of this contract.

        13.     In connection with the performance of PROJECT work under this contract the
parties hereto (hereinafter in Appendix "A" referred to as the "contractor") agree to comply with
the State of Michigan provisions for "Prohibition of Discrimination in State Contracts", as set
forth in Appendix A, attached hereto and made a part hereof. The parties further covenant that
they will comply with the Civil Rights Acts of 1964, being P.L. 88-352, 78 Stat. 241, as
amended, being Title 42 U.S.C. Sections 1971, 1975a-1975d, and 2000a-2000h-6 and the
Regulations of the United States Depa1iment of Transportation (49 C.F.R. Part 21) issued
pursuant to said Act, including Appendix "B", attached hereto and made a part hereof, and will
require similar covenants on the pa1i of any contractor or subcontractor employed in the
performance of this contract.

        14.     The parties will carry out the applicable requirements of the DEPARTMENT'S
Disadvantaged Business Enterprise (DBE) program and 49 CFR, Part 26, including, but not
limited to, those requirements set forth in Appendix C.




12/23/92 TE-LG.FOR 6/17/03                      9
        15.     This contract shall become binding on the parties hereto· and of full force and
effect upon the signing thereof by the duly authorized officials for the parties hereto and upon the
adoption of the necessary resolution approving said contract and authorizing the signatures
thereto of the respective officials of the REQUESTING PARTY, a certified copy of which
resolution shall be attached to this contract.

       IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed the
day and year first above written.




12/23/92 TE-LG.FOR 6/11/03                      10
                                    RESOLUTION2003-56 {d)


RESOLUTION FOR APPROVAL OF A CONTRACT AGREEMENT BETWEEN THE MICHIGAN
DEPARTMENT OF TRANSPORTATION AND THE CITY OF MUSKEGON FOR THE
CONSTRUCTION OF PHASE IV OF THE LAKESHORE TRAIL TOGETHER WITH NECESSARY
RELATED WORK AND AUTHORIZATION FOR MAYOR STEPHEN J. WARMINGTON AND CITY
CLERK GAIL A KUNDINGER TO EXECUTE SAID CONTRACT

Movedby Vice Mayor Buie                                    and supported by

Commissioner Schweifler                           that the following Resolution be adopted:

WHEREAS, entry by the City of Muskegon into Contract no. 03-5336 between the Michigan
Department of Transportation and the City of Muskegon for the Construction of Phase IV of the
Lakeshore Trail within the City is in the best interests of the City of Muskegon.

RESOLVED, that entry by the City into Contract Agreement Number 03-5336 be and the same is
hereby authorized and approved and the Mayor and Clerk are authorized to execute said contract for
and on behalf of the City of Muskegon.



Adopted this    2 2 nd      dayof      July       ,2003.



                                                BY




                                          ATTEST

                                                     Gail A. Kundinger, City Clerk



                                           CERTIFICATION

This resolution was adopted at a meeting of the City Commission, held on Ju 1 y 2 2 , 2003. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of Michigan, Act
267 of the Public Acts of 1976.


                                                               SKEGO
                                            EXHIBIT I

           GENERAL AGREEMENT PROVISIONS FOR FEDERAL AID PROJECTS


1.    General Provisions:

      A.      The REQUESTING PARTY will comply with all FHWA requirements concerning
              special requirements of law, program requirements and other administrative
              requirements.

      B.      To qualify for eligible cost, all work shall be documented in accordance with the
              requirements and procedures of the DEPARTMENT.

      C.      Those projects funded with Federal monies will be subject to inspection at all times
              by the DEPARTMENT and theFHWA.

2.    Federal Clean Air Act of 1970: The political subdivisions which are a party to this contract,
      on those Federally funded projects which exceed a total cost of $100,000.00 stipulate the
      following with respect to their specific jurisdictions:

      A       That any facility to be utilized in performance under or to benefit from this contract
              is not listed on the Environmental Protection Agency (EPA) List of Violating
              Facilities issued pursuant to the requirements of the Federal Clean Air Act, as
              amended, and the Federal Water Pollution Control Act, as amended.

      B.      That they each agree to comply with all of the requirements of Section 114 of the
              Federal Clean Air Act and Section 308 of the Federal Water Pollution Control Act,
              and all regulations ai:J.d guidelines issued thereunder.

      C.      That as a condition of Federal aid pursuant to this contract they shall notify the
              DEPARTMENT of the receipt of any advice indicating that a facility to be utilized
              in performance under or to benefit from this contract is under consideration to be
              listed on the EPA List of Violating Facilities.

3.   Other Regulatory Requirements:

     A.      The REQUESTING PARTY hereby assures and certifies that it will comply with the
             regulations, policies, guidelines and requirements of 49 CFR Part 18 (U.S. DOT
             Implementation of the Uniform Administrative Requirements for Grants and
             Cooperative Agreements to State and Local Governments or "Common Rule") as
             they relate to the application, acceptance and use of Federal Funds for this federally-
             assisted project.


TE.EXH 07/14/0                                  1
     B.    The REQUESTING PARTY shall be responsible for the accurate and detailed
           accounting of the costs and expenses incurred in the performance of any part of the
           PROJECT work it agrees to undertake as provided within this contract. Said
           accounts shall be maintained in accordance with generally accepted government
           accounting principles and 49 CFR Part 18. Said accounts shall be made available for
           review and audit by the DEPARTMENT and, as required, by the FH\VA and
           appropriate U.S. governmental agencies and shall be retained on file for a period of
           not less than three years from the date of the final payment for work conducted under
           this contract.

     C.    The REQUESTING PARTY shall comply with the Single Audit Act of 1984, P.L.
           98-502, and 0MB Circular A-133. All such audits are subject to the review and
           approval of the DEPARTMENT, the FHWA, and the Office of the Inspector General.

           (1) Agencies expending a total of $300,000 or more in federal funds, from one or
           more funding sources in its fiscal year, shall comply with the requirements of the
           federal Office of Management and Budget (0MB) Circular A-133, as revised or
           amended.

           The agency shall submit two copies of:

                   The Reporting Package
                   The Data Collection Form
                   The management letter to the agency, if one issued by the audit firm

           The 0MB Circular A-133 audit must be submitted to the address below in
           accordance with the time frame established in the circular, as revised or amended.

           (2) Agencies expending less than $300,000 in federal funds must submit a letter to
           the Department advising that a circular audit was not required. The letter shall
           indicate the applicable fiscal year, the amount of federal funds spent, the name( s) of
           the Department federal programs, and the CFDA grant numbers( s). This information
           must also be submitted to the address below.

           (3) Address: Michigan Department of Transportation
                        Bureau of Highways Technical Services
                        425 W. Ottawa, P.O. Box 30050
                        Lansing, MI 48909

           (4) Agencies must also comply with applicable State laws and regulations relative
           to audit requirements.




TE.EXH 07/14/0                                2
             (5) Agencies shall not charge audit costs to Department's· federal programs which
             are not in accordance with the 0MB Circular A-133 reqirements.

             (6) All agencies are subject to the federally required monitoring activities, which
             may include limited scope reviews and other on-site monitoring.

4.    Retention and Custodial Requirements for Records:

      A     Financial records, supporting documents, statistical records and all other records
            pertinent to this instrument shall be retained for a period of 3 years, with the
            following exception:

            (!)     If any litigation, claim or audit is started before the expiration of the 3-year
                    period, the records shall be retained until all litigation claims, or audit
                    findings involving the records have been resolved.

            (2)     Records for nonexpendable property, if any, required with Federal Funds
                    shall be retained for 3 years after its final disposition.

            (3)     When records are transferred to or maintained by FHWA, the 3-year retention
                    requirement is not applicable to the recipient.

      B.    The retention period starts from the date of the submission of the final expenditure
            report.

      C.    The Secretary pf Transportation and the Comptroller General of the United States,
            or any of their duly authorized representatives, shall have access to any pertinent
            books, documents, papers and records of the recipient, and its contractors and
            subcontractors, to make audits, examinations, excerpts and transcripts.

5.    Equal Employment Opportunity:

      A.    The REQUESTING PARTY agrees to incorporate in all contracts having'<! value of
            over $10,000, the provisions requiring compliance with Executive Order 11246, as
            amended, and implementing regulations of the United States Department of Labor
            at 41 CFR 60, the provisions of which, other than the standard EEO clause and
            applicable goals for employment of minorities and women, may be incorporated by
            reference.

     B.     The REQUESTING PARTY agrees to ensure that its contractors and subcontractors,
            regardless of tier, awarding contractors and/or issuing purchase orders for material,
            supplies, or equipment over $10,000 in value will incorporate the required EEO
            provisions in such contracts and purchase orders.


TE.EXH 07/14/0                                3
          C.     The REQUESTING PARTY further agrees that its own employment policies and
                 practices will be without discrimination based on race, color, religion, sex, national
                 origin, handicap, or age; and that it has an affirmative action plan consistent with the
                 Uniform Guidelines on Employee Selection Procedures, 29 CFR 1607, and the
                 Affirmative Action Guidelines, 29 CFR I 608.

    6.    Copeland Act: All contracts in excess of $2,000 for construction or repair awarded by the
          REQUESTING PARTY and its contractors or subcontractors shall include a provision for
          compliance with the Copeland "Anti-Kick Back" Act (18 U.S.C. 874) as supplemented in
          Department of Labor regulations (29 CFR, Part 3). This Act provides that each contractor
          or subcontractor shall be prohibited from inducing, by any means, any person employed in
          the construction, completion, or repair of public work, or give up any part of the
          compensation to which he is otherwise entitled. The REQUESTING PARTY shall report
          all suspected or reported violations to the DEPARTMENT.

    7.   Davis-Bacon Act: When required by the Federal program legislation, all construction
         contracts awarded by the REQUESTING PARTY and its contractors or subcontractors of
         more than $2,000 shall include a provision for compliance with the Davis-Bacon Act (40
         U.S.C. 276a to a-7) and as supplemented by Department ofLabor regulations (29 CFR, Part
         5). Under this Act, contractors shall be required to pay wages to laborers and mechanics at
         a rate not less than the minimum wages specified in a wage determination made by the
         Secretary ofLabor. In addition, contractors shall be required to pay wages not less than once
         a week. The REQUESTING PARTY shall place a copy of the current prevailing wage
         determination issued by the Department of Labor in each solicitation and the award of a
         contract shall be conditioned upon the acceptance of the wage determination. The
         REQUESTING PARTY shall report all suspected or reported violations to the
         DEPARTMENT.

    8.   Contract Work Hours and Safety Standards Act: Where applicable, all contracts awarded
         by the REQUESTING PARTY in excess of $2,500 that involve the employment of
         mechanics or laborers, shall include a provision for compliance with sections 103 and 107
         of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented
         by Department of Labor regulations (29 CFR, Part 5). Under section 103 of tlie'Act, each
         contractor-shall be required to compute the wages of every mechanic and laborer on the
         basis of a standard workday of 8 hours and a standard workweekof 40 hours. Work in
         excess of the standard workday or workweek is permissible provided that the worker is
         compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in
         excess of8 hoursjn any calendar day or 40 hours in the workweek. Section 107 of the Act,
         if applicable to construction work, provides that no laborer or mechanic shall be required to
         work in surroundings or under working conditions which are unsanitary, hazardous, or
         dangerous to his health and safety as determined under construction safety and health
         standards promulgated by the Secretary of Labor. These requirements do not apply to the
         purchases of supplies or materials or articles ordinarily available on the open market, or

•
    TE.EXH 07/14/0                                  4
      contracts for transportation or transmission of intelligence.

9.    Access to Records: All negotiated contracts (except those of $25,000 or less) awarded by
      the REQUESTING PARTY shall include a provision to the effect that the recipient, FHWA,
      the Comptroller General of the United States, or any of their duly authorized representatives,
      shall have access to any books, documents, papers, and records of the contractor which are
      directly pertinent to a specific program for the purpose of making audits, examinations,
      excerpts and transcriptions.

10.   Civil Rights Act: The REQUESTJNG PARTY shall complywith Title VI of the Civil Rights
      Act of 1964 (P.L. 88-352), and in accordance with Title VI of that Act, no person in the
      United States shall, on the ground of race, color, or national origin, be excluded from
      participation in, be denied the benefits of, or otherwise be subjected to discrimination under
      any program or activity for which the recipient received Federal financial assistance and shall
      immediately take any measures necessary to effectuate this Agreement. It shall comply with
      Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) prohibiting employment
      discrimination where:

      A.      The primary purpose of and instrument is to provide employment, or

      B.    · Discriminatory employment practices will result in unequal treatment ofpersons who
              are or should be benefiting from the grant-aided activity.

11.   Nondiscrimination: The REQUESTING PARTY hereby agrees that, as a condition to
      receiving any Federal financial assistance from the Department of Transportation, it will
      comply with Title VI of the Civil Rights Act of1964 (78 Stat. 252, 42 U.S.C. 2000d), related
      nondiscrimination statutes, and applicable regulatory requirements to the end that no person
      in the United States shall, on the ground ofrace, color, national origin, sex, handicap, or age,
      be excluded from participation in, be denied the benefits of, or otherwise be subjected to
      discrimination under any program or activity for which the REQUESTJNG PARTY receives
      Federal financial assistance. The specific requirements of the United States Department of
      Transportation standard Civil Rights assurances with regard to the States' highway safety
      programs (required by 49 CFR 21.7 and on file with the U.S. DOT) are incorpdnited in this
      grant agreement.

12.   Rehabilitation Act: The REQUESTING PARTY shall comply with Section 504 of the
      Rehabilitation Act of 1973, as amended, (29 U.S.C. 794, P.L. 93-112), and all requirements
      imposed by or pursuant to the regulations of the Department of Health, Education and
      Welfare (45 CFR, Parts 80, 81 and 84), promulgated under the foregoing statute. It agrees
      that, in accordance with the foregoing requirements, no otherwise qualified handicapped
      person, by reason ofhandicap, shall be excluded from participation in, be denied the benefit
      of, or be subject to discrimination under any program or activity receiving Federal financial
      assistance, and that it shall take any measures necessary to effectuate this Agreement.


TE.EXH 07/14/0                                  5
                                                  APPENDIX A
                              ·PROHIBITION OF DISCRIMINATION IN STATE CONTRACTS

 In connection with the performance of work under this contract; the contractor agrees as follows:

 1.      In accordance with Act No. 453, Public Acts of 1976, the contractor hereby agrees not to discriminate against an
         employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of emplo)ment, or
         as a matter directly or indirectly related to employment, because of race, color, religion, national origin, age, sex, height,
         weight, or marital status. Further, in accordance with Act No. 220, Public Acts of 1976 as amended by Act No. 478,
         Public Acts of 1980 the contractor hereby agrees not to discriminate against an employee or applicant for employment
         with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to
         employment, because of a disability that is unrelated to the individual's ability to perform the duties of a particular job
         or position. A breach of the above covenants shall be regarded as a material breach of this contract.

 2.     The contractor hereby agrees that any and all subcontracts to this contract, whereby a portion of the work set forth in
        this contract is to be performed, shall contain a covenant the same as hereinabove set forth in Section 1 of this Appendix.

3.      The contractor will take affirmative action to insure that applicants for employment and employees are treated without
        regard to their race, color, religion, national origin, age, sex,height, weight, marital status or a disability that is unrelated
        to the individual's ability to perform the duties of a particular job or position. Such action shall include, but not be
        limited to, the following: employment, upgrading, demotion or transfer, recruitment advertising; layoff or termination;
        rates of pay or other forms of compensation; and selection for training, including apprenticeship.

4.      The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state
        that all qualified applicants will receive consideration for employment without regard to race, color, religion, national
        origin, age, sex, height, weight, marital status or disability that is unrelated to the individual's ability to perform the
        duties of a particular job or position.

5.      The contractor or bis collective bargainingrepresentativewill send to each labor union or representative of workers with
        which he has a collective bargaining agreement or other contract or understanding, a notice advising the said labor union
        or workers' representative of the contractor's commitments under this appendix.

6.      The contractor will comply with all relevant published rules, regulations, directives, and orders of the l"1ichigan CiYil
        Rights Commission which may b~ in effect prior to the taking of bids for any individual state project.

7.      The contractor will furnish and file compliance reports within such time and upon such forms as pro,ided by the
        Michigan Civil Rights Commission, said forms may also elicit information as to the practices, policies, program, and
        employment statistics of each subcontractor as well as the contractor himself, and said contractor "ill permit access to
        his books, records,and accounts by the Michigan Chi! Rights Commission and/or its agent, for purposes of investigation
        to ascertain compliance with this contract and relevant with rules, regulations, and orders of the ~Uchigan Chil Rights
        Commission.

8.      In the event that the Civil Rights Commission finds, after a hearing held pursuant to its rules, that(,;' contractor has not
        complied with the contractual obligations under this agreement, the Civil Rights Commission may, as part of its order
        based upon such findings, certify said findings to the Administrative Board of the State of Michigan, which
        Administrative Board may order the cancellation of the contract found to have been violated and/or declare the
        contractor ineligible for future contracts with the state and its political and civil subdivisions, departments, and officers,
        and including the governing boards ofinstitutions of higher education, until the contractor complies with said order of
        the Civil Rights Commission. Notice of said declaration of future ineligibility may be given to any or all of the persons
        with whom the contractor is declared ineligible to contract as a contracting party in future contracts. In any case before
        the Civil Rights Commission in which cancellation of an existing contract is a possibility, the contracting agency shall
        be notified of such possible remedy and shall be given the option by the Civil Rights Commission to participate in such
        proceedings.

9.      The contractor will include, or incorporate by reference, the provisions of the foregoing paragraphs (1) through (8) in
        every subcontract or purchase order unless exempted by the rules, regulations or orders of the Michigan Civil Rights
        Commission, and will provide in every subcontract or purchase order that said provisions will be binding upon each
        subcontractor or seller.                                                                                  March, 1998
                                                                                                     (Rev. 03/92)

                                                 APPENDIXB

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "contractor") agrees as follows:

1.      Compliance with Regulations: The contractor shall comply with the· Regulations relative to
        nondiscrimination in Federally assisted programs of the Department of Transportation, Title 49, Code
        of Federal Regulations, Part 27, as they may be amended from time to time (hereinafter referred to as
        the Regulations), which are herein incorporated by reference and made a part of this contract.

2.      Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall
        not discriminate on the grounds of race, color, or natural origin in the selection and retention of
        subcontractors, including procurements of materials and leases of equipment. The contractor shall not
        participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
        Regulations, including employment practices when the contract covers a program set forth in Appendix
        B of the Regulations.

3.      Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations
        either by competitive bidding or negotiation made by the contractor for work to be performed under
        a subcontract, including procurements of materials or leases of equipment, each potential subcontractor
        or supplier shall be notified by the contractor of the contractor's obligations under this contract and
        the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

4.      Information and Reports: The contractor shall provide all information and reports required by the
        Regulations, or directives issued pursuant thereto, and shall permit access to its books, records,
        accounts, other sources of information, and its facilities as may be determined by the Michigan
        Department of Transportation or the Federal Highway Administration to be pertinent to ascertain
        compliance with such Regulations or directives. Where any information required of a contractor is in
        the exclusive possession of another who fails or refuses to furnish this information, the contractor shall
        so certify to the Michigan Department of Transportation, or the Federal Highway Administration as
        appropriate, and shall set forth what efforts it has made to obtain the information.

5.      Sanctions for Noncompliance: In the event of the contractor's noncompliance with the
        nondiscrimination provisions of this contract, the Michigan Department ofTransportation shall impose
        such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,
        including, but not limited to:

        (a)     Withholding of payments to the contractor under the contract until the contraa~,. complies,
                and/or

        (b)     Cancellation, termination, or suspension of the contract, in whole or in part.

6.     Incorporation of Provisions: The contractor shall include the provisions of paragraphs 1 through 6 of
       every subcontract, including procurements of materials and leases of equipment, unless exempt by the
       Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect
       to any subcontract or procurement as the Michigan Department of Transportation or the Federal
       Highway Administration may direct as a means of enforcing such provisions including sanctions for
       non-compliance; provided,however, that in the event a contractor becomes involved in, or is threatened
       with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request
       the Michigan Department of Transportation to enter into such litigation to protect the interests of the
       State, and, in addition, the contractor may request the United States to enter into such litigation to
       protect the interests of the United States.
                                      APPENDIXC

              TO BE INCLUDED IN ALL F1NANCIAL ASSISTANCE
                  AGREEMENTS WITH LOCAL AGENCIES

               Assurance that Recipients and Contractors Must Make
                (Excerpts from US DOT Regulation 49 CFR 26.13)


A.   Each financial assistance agreement signed with a DOT operating administration (or
     a primary recipient) must include the following assurance:

            The recipient shall not discriminate on the basis of race, color,
            national origin, or sex in the award and performance of any US
            DOT-assisted contract or in the administration of its DBE
            program or the requirements of 49 CFR Part 26. The recipient
            shall take all necessary and reasonable steps under 49 CFR Part
            26 to ensure nondiscrimination in the award and administration
            of US DOT-assisted contracts. The recipient's DBE program, as
            required by 49 CFR Part 26 and as approved by US DOT, is
          · incorporated by reference in this agreement. Implementation of
            this program is a legal obligation and failure to carry out its
            terms shall be treated as a violation of this agreement. Upon
            notification to the recipient ofits failure to carry out its approved
            program, the department may impose sanctions as provided for
            under Part 26 and may, in appropriate cases, refer the matter for
            enforcement under 18 U.S.C. 1001 and/or the Program Fraud
            Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).

B.   Each contract MDOT signs with a contractor (and each subcontract the prime
     contractor signs with a subcontractor) must include the following assurance:

           The contractor, sub recipient or subcontractor shall not                 ,
           discriminate on the basis of race, color, national origin, or sex in
           the performance of this contract. The contractor shall carry out
           applicable requirements of 49 CFR Part 26 in the award and
           administration of US DOT-assisted contracts. Failure by the
           contractor to carry out these requirements is a material breach
           of this contract, which may result in the termination of this
           contract or such other remedy as the recipient deems
           appropriate.
                                     .)..oo 3 .,5 ~   e-)
                     Commission Meeting Date:




Date:
To:           Honorable Mayor & City Commission
From:         Community and Neighborhood Services
              Department
RE:           Lead base Paint Abatement and 351 Erickson


SUMMARY OF REQUEST: To approve the bid with West Michigan
Construction for lead abatement at the City owned property of 351 Erickson for the
total cost of $22,980.

After the lead abatement is completed the structure will be totally rehabilitated and
sold to a qualified family for home ownership.

FINANCIAL IMPACT: Cost of the abatement will be allocated from the 2002
HOME budget.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the low bid of $22,980 from West
Michigan Construction and authorize the mayor and clerk to sign the contract.

COMMITTEE RECOMMENDATION: None
                        Lead Abatement Bid Results




West Michigan Construction                      $22,980
2600 Patterson SE
Grand Rapids, MI 49546

Success Enterprise                              $26,200
2722 E. Broadway Ave.
Muskegon, MI 49444

A-1 Professional Construction                   $25,170
2600 Miller NW
Grand Rapids, MI 49544
                          LEAD BASE PAINT ABATEMENT AGREEMENT

       This Lead Abatement Constmction Agreement made as of the 23'd day of July, 2003 between
the City of Muskegon (the "Owner") and West Michigan Construction ("Lead Abatement
Contractor").

                                                   BACKGROUND

       A.      Lead Abatement Contractor (LAC) and Owner agree that LAC shall abate the lead
based paint hazards in the Bid Proposal for 351 Erickson a single family residence (the "Residence")
attached as Exhibit C pursuant to the Infill Program, according to terms of this Agreement.

         THEREFORE, the parties agree as follows:


       I.     Price. The price for Lead Abatement Construction shall be Twenty-two thousand
nine hundred and eighty dollars ($22,980). The Price may change in the event the LAC and
Owner, agree to change orders, modifications or extras, as defined below, in writing and
signed by all the above.

        2.      Costs Included. The Price shall include the cost of the building permit and all sales
taxes incurred by Lead Abatement Contractor for materials purchased and installed in the Residence.
The Price shall not include any other costs whatsoever associated with the construction of the
Residence, including, but not limited to, utility bills, heating costs, sewer or water hook-up charges,
trunkage fees, regional fees, or any other water, sewer or property tax assessments, each of which
shall be Purchaser's sole responsibility.


       3.     Payment of the Price. The Price shall be paid in accordance with the following
schedule ("Payment Schedule").

                LAC may request draws from City of Muskegon acting as escrow agent. Draws may
be requested no more than once per month. Requests for draws and documentation required will be
in a format acceptable to the City, and shall include at a minimum lien waivers. The total amount
of a draw may never exceed the percentage of completion, less a I 0% holdback. The balance owed
on the contract, including any holdback, shall be paid upon satisfactory results from a Full Clearance
Assessment.

        4.      Modifications/Extras. No modifications to the Plans ("Modifications") or requests
for additional construction ("Extras") shall be binding upon either party, unless the Modifications
and/or Extras are set forth on a written change order that is signed by Lead Abatement Contractor
and, City of Muskegon. The Change Order must provide a detailed description of the Modifications
and/or Extras and the cost or credit to be charged. Where a Change Order increases or decreases the
Price ("Adjusted Price"), the Adjusted Price shall be paid according to the remaining portion of the
Payment Schedule.


O:\CNS\COMMON\WPOATAIHOME\PURCHASED HOMES\351 ERICKSONILACC_WMC.703.DOC
                                                                                                Page 1
        5.      Possession. Purchaser shall be entitled to possession of the Residence upon payment
of the Price or Adjusted Price in full. Upon payment in full, Lead Abatement Contractor shall
deliver to Owner a Full Clearance Assessment at contractor's expense a completed sworn statement
and a full unconditional waiver of lien. Payment of the Price or Adjusted Price by Purchaser shall
constitute the acceptance of the Residence.

        6.      Estimated Completion Date.          Lead Abatement Contractor shall commence
construction of the Residence within 30 days from the date the parties signs this agreement
("Commencement Date"). Lead Abatement Contractor shall endeavor to complete the Residence
within :!_ weeks of the Commencement Date ("Completion Date"). Provided, that both the
Commencement Date and the Completion Date may be extended as a result of circumstances beyond
the control of General Contractor, including, but not limited to, delays caused by suppliers or
subcontractors, delays for utility hook-ups, Acts of God, labor disputes, govenunental inspections,
regulations, or pennit processes, material back orders, Purchaser' s requests for Change Orders, fire,
injury or disability to General Contractor or weather.


       7.      General Contractor Conditions. This Agreement is subject to and includes all of
the Contractor Conditions attached to this Agreement as Exhibit A.

                                                                  Genera Contractor - West Michigan
                                                                  Co

Dated:    7- ~ 4
                                                                  Its: Contractor

                                                                                    uskegon

Dated:    ]..-1({                , :l.oli)
                                                                        Wilmern G. Griffin
                                                                  It's: Director


                                                                  Witness

Dated:     7 - 2,,,-f
         ____   _,____
                                                                  By ~~~
                                                                     ~ Bailey




O:\CNS\COMMONIWPDATAIHOMEIPURCHASED HOMES\351 ERICKSONILACC_WMC.703.DOC
                                                                                                  Page 2
                                                       EXHIBIT A

                                        CONTRACTORS CONDITIONS


         I.      General Contractor's Warranties. All building materials used in the construction of the
Residence shall be new. General Contractor guarantees its workmanship for a period of one year from the
date of final completion. Within that period, General Contractor may replace, at its option, any materials
incorporated into the Residence which are defective, provided the manufacturer's warranty is still in full force
and effect and, in fact, the manufacturer honors that warranty. To make a claim under this warranty,
Purchaser must give General Contractor written notice of any such defect in the workmanship and/or
materials promptly upon discovery and not later than expiration of the one year warranty period. This
warranty does not apply to workmanship or materials requiring repair or replacement because of normal wear
and tear or natural settling. General Contractor shall turn over and transfer to City all manufacturers'
warranties that are delivered directly to General Contractor by the manufacturer. All warranties under this
agreement shall transfer upon the date of sale to Buyer as the City's successor in interest.


         2.      License. General Contractor is a residential General Contractor and a residential
maintenance and alteration contractor and is required to be licensed under article 24 of Act 299 of the Public
Acts of 1980, as amended, being sections 339.2401 to 399.2412 of the Michigan Compiled Laws. An
electrician is required to be licensed under Act No. 217 of the Public Acts of 1956, as amended, being
sections 338.881 to 338.892 of the Michigan Compiled Laws. A Plumber is required to be licensed under
Act No. 266 of the Public Acts of 1929, as amended being sections 338.901 to 338.917 of the Michigan
Compiled Laws. General Contractor is licensed by the State of Michigan as a licensed Michigan Contractor
and maintains its Iicense in good standing. General Contractor's License and ID numbers are - - - - -
----and ________ , respectively.

        3.     Laws, Ordinances and Regulations. In connection with the constmction of the Residence,
General Contractor shall meet and comply with all applicable laws, ordinances, and regulations.

       4.      Notice of Commencement. Purchaser shall deliver a Notice of Commencement                      111
accordance with the Michigan Construction Lien Act within ten days of this Agreement.

        5.      Diligent Pursuit. General Contractor shall diligently pursue its obligations under this
Agreement. If Purchaser believes that General Contractor has failed to comply with this paragraph, it shall
provide General Contractor not less than 15 days written notice of such non-compliance, a list of City specific
complaints, and a reasonable time within which General Contractor shall cure any such reasonable
complaints. Until City fully complies with the notice provisions set forth in this paragraph,

         6.      Insurance. City shall procure and maintain an "all risk" insurance policy and shall name
General Contractor as an additional named insured. City shall provide General Contractor with evidence of
such insurance upon request. General Contractor shall maintain a policy of General Contractor's insurance
fully insuring the Residence from the date construction commences until the date of substantial completion.
General Contractor shall provide Purchaser with evidence of such insurance upon request. Purchaser and
General Contractor waive all rights against each other for damages caused by fire or other perils to the extent
covered by insurance provided under this paragraph.

O:\CNS\COMMON\WPDATA\HOMEIPURCHASED HOMES\351 ER!CKSON\LACC_\NMC.703.00C
                                                                                                       Page 3
         2.        Miscellaneous.

                 9.1     Applicable Law. This Agreement is executed in, shall be governed by, and
         construed and interpreted in accordance with the laws of the State of Michigan.

                 9.2     Binding Effect. This Agreement shall be binding upon, inure to the benefit of, and
         be enforceable by the parties and their respective legal representatives, successors, and assigns.

                  9.3     Full Execution. This Agreement requires the signature of both parties. Until fully
         executed on a single copy or in counterparts, this Agreement is of no binding force or effect, and if
         not fully executed, this Agreement is void.

                 9.4     Counterparts. This Agreement may be executed in two or more counterpa1ts, each
         of which shall be deemed an original as against any pmty whose signature appears thereon, and all
         of which together shall constitute one and the same instrument. This Agreement shall become
         binding upon the parties when one or more counterparts, individually or taken together, shall bear
         the signatures of all parties.

                 9.5      Non-Waiver. No waiver by any party of any provision of this Agreement shall
         constitute a waiver by such party of such provision on any other occasion or a waiver by such party
         of any other provision of the Agreement.

                 9.6     Severability. Should any one or more of the provisions of this Agreement be
         determined to be invalid, unlawful, or unenforceable in any respect, the validity, legality, and
         enforceability of the remaining provisions shall not in any way be impaired or affected.

                 9.7      No Discrimination. Discrimination on the basis of religion, race, creed, color,
         national origin, age, sex, marital status, or handicapped condition by either party in respect to the
         construction of the Residence is prohibited.

                   9.8     Assignment or Delegation. Neither General Contractor nor Purchaser may assign
         all or any pmt of this Agreement. Provided, that General Contractor may delegate all or any part of
         its obligations to perform the services under this Agreement, to any persons or entities that General
         Contractor, in its sole discretion, deems appropriate, including sub-contractors. Such delegation shall
         be at the sole expense of General Contractor unless otherwise provided.

                  9.9      Notices. All required or permitted written notices shall be deemed effective and
         duly given when: (i) personally delivered; (ii) sent by fax; (iii) one day after depositing in the custody
         of a nationally recognized receipted overnight delivery service; or (iv) two days after posting in the
         U.S. first class, registered or certified mai 1, postage prepaid, to the recipient party at the address as
         set forth at the outset of this Agreement, or to such other address as the recipient party shall have
         furnished to the sender in accordance with the requirements for the giving of notice.

                9. IO   Pronouns. For convenience, Purchaser has been referred to this Agreement
         sometimes in the singular and at other times in the plural.




O:\CNS\COMMON\WPDATAIHOMEIPURCHASED HOMES\351 ERICKSONllACC_WMC.703.00C
                                                                                                          Page 4
                                                                    Lead Abatement Contractor - West
                                                                    Michigan Construction


Dated:      )-     ~ l\




Dated:      {) U I    '1             2,oo.3


Dated:      ,/-)UV '1             , ,2oo3




O:\CN S\COMM ON\WPDATA\HOME\PURCHASED HOMES\351 ERICKSON\LACC_WMC.703.DOC
                                                                                                       Page 5
                                                    EXHIBITB
                                                  Legal Description


                                      City of Muskegon revised plat of 1903




O:\CNS\COMMON\WPDATA\HOMEIPURCHASED HOMES\351 ERICKSON\LACC_WMC.703.DOC
                                                   EXHIBITC
                                             Plans and Specifications




0:\CNS\COMMON\WPOATA\HOME\PURCHASED HOMES\351 ERICKSON\lACC_WMC.703.00C
           Commission Meeting Date:                    July 22, 2003




Date:         July 15, 2003
To:            Honorable Mayor & City Commission
From:          Community and Neighborhood Services
               Department
RE:           Approval of Rehabilitation Contract with Lewis
              Johnson Construction for 351 Erickson


SUMMARY OF REQUEST: To approve the contract with Lewis Johnson
Construction 16076 Bonita Ct. Grand Haven, Ml for the total rehabilitation of the City
owned property located at 351 Erickson for the cost of $45, 900.

The property at 351 Erickson is part of the City's Comprehensive Neighborhood
Redevelopment efforts under the Jackson Hill Urban Redevelopment Project.
(WGIRTT)

After the rehabilitation is completed, the home will be sold to a qualified family under
the City's ownership efforts.

FINANCIAL IMPACT: Funding will be allocated from the City's 2002 HOME fund
budget.

BUDGET ACTION REQUIRED: None

STAFF RECOMMENDATION: To approve the contract.

COMMITTEE RECOMMENDATION: None
                          351 Erickson Bid Result

Contractors

Lewis Johnson                       $45,900
16076 Bonita Ct.
Grand Haven, MI 49417

Wasco Construction*                 $42,721.75
500 W. Western Ave
Muskegon,MI49443

NOTE*
Wasco Construction was eliminated because the owner does not have a builder's license.
The license contractor who is hired by Wasco Construction didn't have any positive
references.

Therefore, Lewis Johnson was the sole bidder.
Date:     05/08/03            ;)..co 3-S -,   ~)
To:       Honorable Mayor and City Commission
From:     Brett Kraley, Equipment Supervisor DPW
RE:       Budgeted Vehicle Replacement




SUMMARY OF REQUEST: Approval to purchase two 2004 Ford Explorers.


FINANC IAL IMPACT: Total Cost $47,081.00


BUDGET ACTION REQUIRED: None.


STAFF RECOMMENDATION: Approve purchase of two Ford Explorers Great
Lakes Ford.
Memorandum
To:      Robert Kuhn
From: Brett Kraley
Date: 07 /16/03
Re:     Police Explorer



   The Equipment Division has scheduled the replacement of six patrol cars for
2003. The Equipment Division has made changes in our techniques for replacement
these vehicles and thus we have been able to extend their service life. As a result we
will not need to purchase 2003 models since we will be utilizing our remaining 2002
inventory.
The Police Chief has requested that we replace the one cruiser currently assigned to
the command staff with a special service Ford Explorer.

In conjunction with this, I would like to move up the replacement of the Chevrolet
Tahoe that is scheduled for replacement next year. The 1997 Tahoe will be utilized
by the Equipment Supervisor so that we can free up the back up Senior Transit
Vehicle which he is currently using.

    I have requested prices from area dealers as well as the statewide purchasing
contract. The lowest responsible bidder for this purchase is Great Lakes Ford. (See
attachment)

   In accordance with established purchasing policy, I am requesting permission to
purchase two Ford Explorers from Great Lakes Ford.




                                                                                         1
               MUSKEGON POLICE DEPARTMENT
                            Office of the Chief




MEMORANDUM




TO:           Mr. Brett Kraley
              Department of Public Works

FROM:         Anthony L. Kleibecker
              Chief of Police

DATE:         March 3, 2003

SUBJECT:      Request for Replacement Vehicle

Per our previous discussion, I am requesting that we purchase a Chevy Tahoe SUV
(police package) to replace the cruiser currently assigned to our command staff. The
Tahoe will provide more storage for equipment that our supervisors need to carry. It will
also accommodate our need for a vehicle, which is set up for incident command
situations.

If you have any questions, please don't hesitate to contact me. Thank you.
                      2003 Equipment Purchase Schedule

5720 Non-vehicular Equipment
                                                            Total
                                         Budgeted      Budgeted           Actual
Request Description                         Amount         Amount         Amount     Ordered   Received
   1    TV Truck                        $ 176,000      $ 176,000      $     99,215      1
   1    Backhoe                         $    65,000    $     65,000   $     57,000      1         1
   1    Hoist                           $       -      $        -     $      6,390      1         1




        ~ - - - - - - - - - - - - ~ $241,000                          $162,605
               % Expended        67%1

5746 Communications Equipment
                                                            Total
                                         Budgeted      Budgeted           Actual
Request Description                         Amount         Amount         Amount     Ordered   Received
   18   Portable Radios                 $       700    $     12,600   $       750
   12   Radios DPW                      $       700    $      8,400
   10   Equipment Radios                $       700    $      7,000
   6    Light Bars                      $     1,400    $      8,400   $     2,532       1         1
   6    CPI Sirens                      $       180    $      1,080
   1    Communication Radio             $       640    $        640
   1    Service Monitor                 $    20,000    $     20,000   $        -
                                                       $     58,120   $      3,282
        ~----'¾-o-E-xp_e_n_d-ed_ _ _ _ _ _6_'¾~ol


5730 Vehicles
                                                            Total
                                         Budgeted      Budgeted           Actual
Request Description                         Amount         Amount         Amount     Ordered   Received
   6    Police Patrol Cars              $    23,000    $ 138,000
   5    3/4 ton pick up                 $    20,000    $ 100,000      $    68,894      4
   3    Plow Truck                      $    75,000    $ 225,000
   5    Mini Pickup                     $    18,000    $     90,000
   1    Sedan                DELAYED    $    20,000    $     20,000




                                                       $ 573,000      $    68,894
        ~----'¾-.-Ex_p_e_n-de_d_ _ _ _ _ _1_2-0/4~ol


        Total Capital                          27% $872,120           $234,781
                                               Equipment Purchase • 2003

                               Signature Ford          Great Lakes Ford             Ton~ Betten & Sons          Fremont Ford
                              3942 Lansing Rd          2469 A1111Ie                   3839 Plainfield            7148 W. 48th
T~11e of Vehicle              Pe!JY Mi 48872       Mudskegon Mi. 49442          Grand Ra11ids Mi. 49525       Fremont Mi. 49412

                                                                                                          '
Two 2004 Ford Explorers               $24,140.50               $23,540.50                    $25,323.00                $22,369.19
                                                                            '



Delivery                  $              240.00    $                  -         $                   -
Total Cost                            $48,521.00               $47,081.00                    $50,646.00 .              $44,738.38
                                                                                                          I
                                                                                                          i
 Date:        July 8, 2003

 To:         Honorable Mayor and City Commissioners

 From:         Finance Director

 RE:      Second Quarter 2003 Budget Reforecast



 SUMMARY OF REQUEST:                  At this time staff is transmitting the Second Quarter
 2003 Budget Reforecast which outlines proposed changes to the original budget that have
 come about as result of changes in policy priorities, labor contracts, updated economic
 conditions, or other factors. For the next meeting, an action item will be placed on the
 agenda for adoption of the second quarter budget reforecast together with any additional
 changes deemed necessary by Commissioners.

 FINANCIAL IMPACT: General fund revenues continue to deteriorate.           The estimate for
city income tax revenues has been reduced by $200,000 and the shortfall in state shared
revenues, when compared to the original budget, currently stands at $515,220. We have
                   nd
included in the 2 Quarter Reforecast the projected use of another $500,000 in budget
stabilization fund reserves. General fund expenditures are projected to be $257,257 more
than originally budgeted primarily due to large capital projects that were anticipated to be
completed in 2002 when the 2003 budget was prepared.

BUDGET ACTION REQUIRED: Self-explanatory.
STAFF RECOMMENDATION: The City Commission should review the Reforecast
to ensure it reflects their policy initiatives. At the next City Commission meeting, staff will
request formal approval of the Reforecast and related budget amendments.

COMMITTEE RECOMMENDATION:                          There is no committee recommendation at
this time.




9/18/97




                                               1
Date: July 22, 2003
To: Mayor and City Commisisoners
From: Robert Kuhn, DPW Director
Re: DPW Reorganization Plan




SUMMARY OF REQUEST: Proceed with reorganization of the DPW
Division by eliminating one position and upgrading others to include the
duties of the eliminated position.


FINANCIAL IMPACT: Annual savings will exceed $60,000 initially



BUDGET ACTION REQUIRED: None



STAFF RECOMMENDATION: The position of Deputy Director of Public
Works will be eliminated. Five positions will be upgraded to
accommodate these duties.




COMMITTEE RECOMMENDATION:
Muskegon
Public
Works
"We Give You The Works"



                                                                July 15, 2003

Bryon Mazade - City Manager
Mayor and City Commissioners

With the current economic climate within the City of Muskegon and with the
recent departures of our Deputy Director of Public Works, and a highway
supervisor, I would like to propose the following organizational changes.
These changes will result in a significant cost savings to the City and
attempt to divide out the duties of the Deputy Director who will not be
replaced.

I have attached a proposed organizational chart, which portrays these
changes.

   1. Since the Deputy Director will not be replaced this will result in a
      annual cost savings of $65,120 per year (2003). This figure does not
      include the additional savings from any benefits package.
   2. 2 supervisor positions will be upgraded to "Superintendents". One will
      be the Superintendent of Public Works and the other shall be the
      Superintendent of Utilities. Both positions would be upgraded from
      Range VII to Range VI with the initial cost for this upgrade amounting
      to $2618. ($1314 each)
   3. With the recent retirement of the Traffic Safety Supervisor, I
      propose to replace this position with an additional Highway Supervisor.
      The Traffic Supervisor's duties will now come under the responsibility
      of the Highway Department.
   4. The Administrative Services Supervisor position was thoroughly
      reviewed by a study conducted by the Civil Service Office. Although
      this change in status should stand on its own merits, I am going to
       include it in this analysis in order to better justify the additional
       expense. Since this position performs the same functions as the rest
       of the DPW supervisors as outlined in the Civil Service report, this
       position should be upgraded to Range VIII although the Civil Service
       Study indicated Range VII was justified. The initial out of pocket
       expense is $1443.
   5. The City Engineer's position will be upgraded to include the title of
       Deputy Director of Public Works. (City Engineer and Deputy Director
       of Public Works) and a new salary range will be established for this
       position and shall be placed between Range III and Range II. This new
       range will be designated as Range IIB and will be placed at half way
       between range II and range III.
   6. The Assistant City Engineer's position has been difficult to fill in the
       past because the salary range was not competitive with the job
       requirements. This position has been budgeted but will be upgraded to
       Range IV and made a Department Head position. By making the
       Assistant City Engineer a department head we give a considerable
       amount of control on how we fill that position. The total number of
       department heads with the Public Works Division would not change
       since the Deputy Director position was also at the department head
       level. With this upgrade we should now be able to fill the position.
   7. With a capable department head within the Engineering Department,
       the Deputy Director/City Engineer can spend more time becoming
       familiar DPW operations. The Supervisors and Superintendents will
       have the benefit of his engineering expertise as well.
   8. This organizational structure will provide for a smooth transition both
       in DPW and Engineering should the existing DPW Director retire or
       leave.
   9. Civil Service has approved the 2 temporary appointments of twoc
       superintendents for a six-month period. At the end of six months this
       reorganization will be evaluated in order to determine if it is to be
       made permanent and the two positions posted.
   10. Civil Service has approved the reclassification of the Administrative
       Services Supervisor.

Respectively Submitted;
Robert Kuhn PE
Director of Public Works
City of Muskegon Michigan
                                City of Muskegon Public Works Services Organizational Chart



                                                                            Director
                                                                        Of Public Works




                                                                                      Deputy
                                                                                                                                                                                                                                                                                     Muskega
                                                                                   Director/ City
                                                                                     Engineer
                                                                                                                                                                                                                                                                                      Public
                                                                                                                                                                                                                                                                                      Works
                                                                                                                                                                                                                                                                              'We GiveV6u The Wo~




                               Superintendent                                                                                                                                                                                                      Superintendent                    Water Treatment
                                 Of Utilities                                                                                                                                                                                                      of Public Works


                                       ...... ............ ...... ...... ......                                                                                                                                                                            .,,,.,,,/
Building Maint.                                                                                                                                                                                                                                        /
                                                                                  ...... ......
                                                                                                  ....... .....................
                                                                                                                                                                                                                                      .,,,,,,.,,,. /
                                                                                                                                  ...... ......
                                                                                                                                                                                                                           .,,,.,,,
                                                                                                                                                  ...... ......                                            .,,,.,,,.,,,✓
                                                                                                                                                                  ............
                                                                                                                                                                                 ...... ............   /

    Utility         Utility            Special Ops                                                                                                                Adm inistrative                                                                          Equipment     Highway             Highway
  Supervisor      Supervisor            Supervisor                                                                                                                  Services                                                                               Supervisor   Supervisor          Supervisor
                                                                                                                                                                   Supervisor




                                      Solid Wasti and
                                            Recycling
                                        Cooii'iinatar
DPW Reorganization Cost Analysis
                                  Immediate out of pocket
Deputy Director's final salary    $65978 plus fringes estmated at $86,000




Savings from unfilled position                                                  $86,000

Upgrade 2 supervisors                       from   R7 step 11         $49,756
                                            to     R6 step 9          $51,070
                                                                                 $2,628


Upgrade Admin Supv                          from   R10 step 11        $36,000
                                            to     RB step 1          $37,443
                                                                                 $1,443

Upgrade Assistant City Engineer                    RS step 5          $48,755
                                                   R4 step 5          $53,937
                                                                                 $5,182

Upgrade City Engineer                              R3 Step 11         $69,428
                                                   R28 Step 10        $70,874
                                                                                 $1,446

                                            Additional Fringe Costs               8500

                                            Initial Annual Cost Savings         $66,801
                                                                         2003
                                                NON-REPRESENTED EMPLOYEES SALARY SCHEDULE (3% increase)



SALARY SCHEDULE
11 STEPS

CLASSIFICATION         STEP 1      STEP2       STEP3       STEP4      STEPS       STEPS       STEP7         STEPS       STEPS     STEP10      STEP 11


RANGE 1                 61 ,676     63,732     65,788      67,844      69,900     71,956      74,012        76,068      78,124     80,180      82,236
    SCI 1 B1-WEEKLY   2,372.15    2,451.23   2,530.31    2,609.38    2,688.46   2,767.54    2,846.62      2,925.69    3,004.77   3,083.85    3,162.92
             HOURLY   29.6519     30.6404     31.6288    32.6173      33.6058    34.5942    35.5827       36.5712      37.5596   38.5481     39.5365

RANGE11                 56,958      58,857     60,755      62,654      64,552     66,451      68,350        70,248      72,147     74,045      75,944
    SCI 2 B1-WEEKLY   2,190.69    2,263.73   2,336.73    2,409.77    2,482.77   2,555.81    2,628.85      2,701 .85   2,774.88   2,847.88    2,920.92
             HOURLY   27.3837     28.2966     29.2091    30.1221     31.0346    31.9476      32.8606      33.7731     34.6861    35.5986     36.5115

RANGE 118             54,567      56,379     58,191      60,003     61 ,815     63,627      65,428      67,250        69,063     70,874      72,686
RANGE 111               52,1 76     53,901     55,626      57,352      59,077     60,802      62,527        64,252      65,978     67,703      69,428
    SCI 3 Bl-WEEKLY   2,006.77    2,073.12   2,139.46    2,205.85    2,272.19   2,338.54    2,404.88      2,471 .23   2,537.62   2,603.96    2,670.3 1
             HOURLY    25.0846    25.9139    26.7433      27.5731    28.4024    29.2317     30.0611       30.8904     31.7202    32.5495     33.3788

RANGE1V                 44,945      46,443     47,941      49,439      50,937     52,436      53,934        55,432      56,930     58,428      59,926
    SCI 4 B1-WEEKLY   1,728.65    1,786.27   1,843.88    1,901.50    1,959.12   2,016.77    2,074.38      2,132.00    2,189.62   2,247.23    2,304.85
            HOURLY     21.6082    22.3284    23.0486     23.7688     24.4889    25.2096     25.9298        26.6500    27.3702    28.0904      28.8106

RANGEV                  43,018      44,452     45,886      47,321      48,755     50,189      51 ,623       53,057      54,492     55,926      57,360
    SCI 5 B1-WEEKLY   1,654.54    1,709.69   1,764.85    1,820.04    1,875.19   1,930.35    1,985.50      2,040.65    2,095.85   2,151.00    2,206.15
            HOURLY     20.6817    21.3712     22.0606     22.7505     23.4399   24.1293      24.8188      25.5082      26.1981   26.8875      27.5769
RANGEV1                 40,317      41,661     43,005      44,349      45,693     47,038      48,382        49,726      51,070     52,414      53,758
    SCI 6 B1-WEEKLY   1,550.65    1,602.35   1,654.04    1,705.73    1,757.42   1,809.15    1,860.85      1,912.54    1,964.23   2,015.92    2,067.62
            HOURLY    19.3832     20.0293     20.6755    21 .3216    21.9678     22.6144    23.2606        23.9067    24.5529    25.1990     25.8452

RANGEV11-A              37,315      38,559     39,803      41,047      42,291     43,536      44,780        46,024      47,268     48,512      49,756
    SCI 7 B1-WEEKLY   1,435.19    1,483.04   1,530.88    1,578.73    1,626.58   1,674.46    1,722.31      1,770.15    1,818.00   1,865.85    1,913.69
             HOURLY    17.9399    18.5380    19.1361      19.7341     20.3322    20.9308    21.5288       22.1269     22.7250     23.3231    23.9212

RANGEV11-B              35,019      36,187     37,354      38,522      39,689     40,857      42,025        43,192      44,360     45,527      46,695
   SCI 12 B1-WEEKLY   1,346.88    1,391.81   1,436.69    1,481.62    1,526.50   1,571 .42   1,616.35      1,661.23    1,706.15   1,751.04    1,795.96
             HOURLY    16.8361    17.3976    17.9587      18.5202     19.0813    19.6428    20.2043       20.7654     21.3269    21.8880     22.4495
RANGEV111               33,037      34,139     35,240      36,342     37,443      38,545      39,646        40,748      41,849     42,951      44,052
    SCI 8 B1-WEEKLY   1,270.65    1,313.04   1,355.38    1,397.77   1,440.12    1,482.50    1,524.85      1,567.23    1,609.58   1,651.96    1,694.31
             HOURLY    15.8832    16.4130    16.9423     17.4721     18.0014     18.5313    19.0606       19.5904     20.1197    20.6495     21 .1788

RANGE1X                 29,112      30,082     31,053      32,023     32,994      33,964      34,934        35,905      36,875     37,846      38,816
    SCI 9 B1-WEEKLY   1,119.69    1,157.00   1,194.35    1,231.65   1,269.00    1,306.31    1,343.62      1,380.96    1,418.27   1,455.62    1,492.92
             HOURLY   13.9962     14.4625    14.9293      15.3957   15.8625     16.3288      16.7952       17.2620     17.7284   18.1952     18.6615

RANGEX                  26,998      27,898     28,798      29,699     30,599      31,499      32,399        33,299      34,200     35,100      36,000
   SCI 10 B1-WEEKLY   1,038.38    1,073.00   1,107.62    1,142.27   1,176.88    1,21 1.50   1,246.12      1,280.73    1,315.38   1,350.00    1,384.62
            HOURLY    12.9798     13.4125     13.8452     14.2784    14.7111    15.1438     15.5764       16.0091      16.4423    16.8750     17.3077

RANGEX1                24,584      25,404       26,223     27,043     27,862      28,682      29,502        30,321      31,141     31 ,960     32,780
   SCI 11 B1-WEEKLY    945.54      977.08    1 ,008.58   1,040.12   1,071.62    1,103.15    1,134.69      1,166.19    1,197.73   1,229.23    1,260.77
             HOURLY   11.8192     12.2135     12.6072    13.0014     13.3952     13.7894    14.1837       14.5774     14 .9716   15.3654     15.7596
DATE:               July 15, 2003

TO:                 Honorable Mayor and Commissioners

FROM:               Robert 8. Grabinski, Director of Inspection Services

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: 02-80 Address: 940
                    Wood St.


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
940 Wood St. is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. 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: #02-80 - 940 Wood St., Muskegon, Ml

Location and ownership: This structure is located on Wood Street between Allen
and Amity. It is owned by Janice Carter.

Staff Correspondence: A dangerous building inspection was conducted on the
garage on 9/11 /02 and a notice and order to repair or remove was issued
9/26/02. The owner pulled a permit to repair the front portion of the home and
garage on 10/18/02. The HBA heard the case on the garage on 12/5/02 and
tabled the case for 210 days to allow the owner time to try to get help with
repairing the roof and garage. On 4/15/03 the MPD notified the Director of
Inspections the roof structure appeared to be near collapse. On that date the
house inspection was conducted and on 5/2/03 the HBA heard the case. They
declared the house substandard and dangerous, but voted to delay bringing the
case to commission for 90 additional days. There has been no contact from the
owner since the meeting in May.

Owner Contact:                There has been no contact since the interior inspection.

Financial Impact:             CDBG

Budget action required:                  None

State Equalized value:                   $15,200

Estimated cost to repair:                $25,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.
O:\[nspections\Cirnbinski _Lorraine\ Word\CC ivlEETINUS\Agenda 940 Wood.dtK        page I of I
                                                                                     0
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               INOOi)   osr.oonn,11•(;
                                         ~/i5(0J
OSC00021.JPG
 For The Inspection Department                                                             File#: 423327
 City of Muskegon



                               FROM CITY ASSESSOR'S RECORDS


 OWNER:                            Janice Carter

 PROPERTY:                         940Wood

 PARCEL NO:                        24-205-055-0010-00

 DESCRIPTION:                     W 97 feet of Lot 10 Blk 55


                       FROM RECORDS OF TRANSNATION TITLE


LIBER:                            1930

PAGE:                             283

DATE OF DEED:                                September 12,

GRANTOR NAME & ADDRESS: Arizona Barnes Estate, 8944 Nottingham
Dr., Ypsilanti, MI 48198

GRANTEE NAME & ADDRESS:                                 Janice Carter, 1545 Engman, Muskegon, MI
49445

LIENS OR MORTGAGES: 3113/47, 3282/295, 3417/230

TODAY'S DATE:                    November 27, 2002

EFFECTIVE DATE: ,                            October 14, 2002 at 8:00 AM

Abstracted by:              ·l£ IJ11l /( /4(i1 1;uJ lc/2c
                                   1
                      TRANSNATION TITLE INSURANCE COMPANY
                                                                    1



The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
                                                      C'.
                                                     d.                                                                                                                      p.L.,u,
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                                                                                                                                 b l •~~D~• llOt      '" lUH ~U•••
                                                                                                                            ._   T_~I 1<11411 hU~     ••t. r_11~, .,.,.,




             IDltiss Jndtttftn'.~                                       Mndc lhl,          I ~-{ It
             ycnr of our Lord, oac thousand nine hundred and nine.ty-siK
             BETWEEN          NORA WHITE, Independent Personal Representative of the Estate of Arizonn.
              Barnes, Deceased, Muskegon County Probate Court File No. 96-71846-IE. o( 8944
              Nottingham Drive, Ypsilanti, HI 48198                            party   or tl1c first part,
             B11il JANICE CARTER, of 1545 Engman1 Muskegon, MI           49445


                                                                                                                         part y             of the second part.                ,,
              rt'/1'{\'ESSET/l, 'I'hnt the said part y                     of the first pnrt, for and in cousidl.'rntion o[ the sum or                                         !'
              Two Thoueand Three Hundred and 00/100 ($2,300.00) Dollars
             to         her              in hand paid by the said pa.rt           of the second part, the recd pt whereof is hereby
             con(csscd nud ncknowfodgc<l, lms          i;rnntcd, bnrgnincd, sold, rcmiscd, rckrucd, nlicucd and confirn1cd, and
             by these ~~escuts do es       gTnllt, barlinin, sell, rcmi:;c, alien and confirm unto the pilrtv         u( the s;;,:01111
             pnrt, nnd to            her                    heirs nnd M:;:igns, Fo11.11vnR, Alf                   ctrtain pict'C
             or p,1rccl     o{ land, sit~ntc, lying arid being in the         City              of Muskegon
        i!    Count>• of             Muskegon                           State of ).Iicbignu, knowr. nud dcscrihcd                           !lS   foll•ws,      to•wit:

              The West 97 feet of Lot 10, Block 55 of the Revised Plat (of 1903) of the City of
              Muskegon, as recorded in Liber 3 of Plats on Page 71, Muskegon County Records



                                                                                                                                                                               I;
                                                                                                                                                                               "
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        I      TogetluJr with nil nnd siugular the hllrcditnmcnts and nppu, tcn;uiccs t11cr~unto llclc,ri)iin[, ot in anywise
             . appcrt..o.itting;_andJhe_xcvc.rsion. '?.~ n;".~sio!'~• rerii.niuder or rl!maiudcrs, reuts, issues and profits tbcn::ol: QOtl
               all the estate, right, title, interest, claim or d~mnnd wh:!.."tSOCvCr; ol the said party             of the first part, either
               iu Law or Equity, of, in nnd to the above bargained premises, with the said hereditam,mt.s and appurtenances;
               To lfat•c and tv Uold the premises as before described, wilh the appurtenances, unto the said party
               of the second part,         her                               heirs nud assigns, FORE.VER. J\lld tile said party
               o{ the first part, for 1        her                                        heirs, c:cccutors, and ndministrn.tors, does
               c:ovcn11nt, grant, bargniu and agree to and with the snicl party           of thr:: second part,        her
               heirs and nssigns, that                                      the said party         of the first part has       not l.ic.retoforc
               done, committed or wittingly or willingly suffered to be done or eo111milted, nny net, m11.Uer or thing whntsocver,
               whereby thc premises hereby granted, or any part thereof, is, arc or shall, or may be ehilrged or incumbcrcd in
               title, est.ate. or othenvisc howsoever.*



                  In Witneu Wlicreof, 'fhc said parl y     of the fir.st part Jrns                              hereunto set                her             hand
              and seal  the day and year first aUuve written .
                                                                                      .:·_,,,               V          ;f:;/;
                                                                                   .J~!t,.£7-i,... ······ .f..It................
                    Signl'd, Sea.lc,d 11nd Ddivc.red in Ptt1.cne;: of

                                                                                   NORA WHITE. Independent Perscnal Represen-
                                                                                  tative of the Estate of Arizona Barnes,
                                                                                  Deceased
                                                                                                             MIOl!GllN Rm. ESTATE TJ/MSFER TAX
                                                                                                                                 of~AlAT
                                                                                                                                 9 S
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                                                                                                                                   723                  ,       16. 75 5
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                                                                            NOTI!. ~~~ .}~~.!:: mi:3 fti ~G;!f[.:'::~~~i"r~:u:~.·:tJ~~·111nb.",{;~\~),'!l,(i!
                                                                                    1tf~<l•r-r. Wko<1 a,o f,.dM<!IW !1 !:r•.t ~•~1, ""- Ille obe,; \i~ .. fi., sl~a1un,1..

----=




                                      -~=-- . --·-·-·=-··
                NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: July 11, 2003


       940 Wood

       (Address of Property)


TO:    All owners and interested parties:


       Janice Carter, 940 Wood, Muskegon, Ml 49442
       Owner

       Lakeshore Surety, P.O. Box 5053, Muskegon, Ml 49445
       (Other interested parties)

       Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443


On May 1, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPT.

                                     F0~~1!1:t.LS
                                     By      ')0-
                                     Robert~- Grabinski, Director of Inspections




OIINSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION
HEARING.DOC            -
                            CITY OF MUSKEGON
           CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



 Date:          May 2, 2003

         To:   Janice Carter, 940 Wood, Muskegon, Ml 49442
               Owners Name & Address

               Lakeshore Surety, P.O. Box 5053, Muskegon, Ml 49445
               Names & Addresses of Other Interested Parties

               Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443




                           ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, May 1, 2003 does hereby order that the following
structure(s) located at 940 Wood, Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission
and the Director of Inspections will delay bringing this case to the City
Commission until the first meeting in August, 2003 to allow you time to complete
the repairs.




O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH W-DELAY.DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

The City Commission may concur with this order, or disapprove or modify the order.



                                             FOR THE HOUSING BOARD OF APPEALS:
                                            ~I




                                             R o b ~ ~D~~:tiocs




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH W-DELAY.DOC
                                CITY OF MUSKEGON
                   CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                         NOTICE OF HEARING

Date: April 18, 2003

Address of the Property:          940 Wood


TO:     Janice Carter, 940 Wood St, Muskegon, Ml 49442
        [Name & Address of Owner]

        Lakeshore Surety P.O. Box 5053, Muskegon, Ml 49445
        [Names & Addresses of Other Interested Parties]

        Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443



Please take notice that on Thursday, May 1, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is to review your case.

At the hearing on Thursday, May 1, 2003 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.


                                  Cl~USKEGON INSPECTIOl'L_DEPARTMENT,

                                  : : B ~ t : O t v J ~ ~ OF APPEALS

                                  Robert, B. Grabinski, Director of Inspections




n·\INSPF=(;Tl()NS\r,RARINSKI I nRRAINF\\NORn\HRA MFFTINC::S\STANnARn FORMS\NOTI\.F OF HRA HF ARIN(., nor,
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                     940 Wood
                                   Additional Items

                                        4/15/03


Inspection noted:

1.     Residence - Roof system is failing.

2.     Residence - Part of roof is stripped.

3.     Residence - Shingles partially installed and are incorrect.

4.     Residence - Water damage to 1st floor with tiles falling.

5.     Residence - Water damage to 2nd floor with significant ceiling failure.

6.     Residence - rafters in valley are rotted.

7.     Residence -Windows are broken.

8.     Residence - Foundation for side porch is failing.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT TI-IE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                                                                     Lf- / 7-03
                                         NSPECTOR                  DATE




0:\1 nspections\Grabinski_ Lorraine\ Word\DA NGEROUS BUILDING INSPECTION REPORTS\940
Wood.doc
                              CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                      ORDER TO TABLE THIS CASE 210 DAYS




Date of Order:       December 6, 2002

Address of the property:    940 Wood (Garage)



      To:    Janice Carter, 940 Wood St.. Muskegon. Ml 49442
             Owners Name & Address

              None
              Names & Addresses of Other Interested Parties




                            CASE TABLED FOR 210 DAYS


The Housing Board"of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled until July 2003. This will provide you with time to work with
Community and Neighborhood Services to get help with the garage repairs.

If you have any questions, please call the Inspection Department at 231-724-6715.



                                          CITY OF MUSKEGON
                                          HOUSING BOARD OF APPEALS

                                            ~/)x:}_?i~-
                                          By_ __,,__ _ _ _ _ _ _ _ _ __
                                          Robe B.Grabinski, Director of Inspections




                                             2
                       -
                            CITY OF MUSKEGON
               CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                NOTICE OF HEARING

Date: November 25, 2002

Address of the Property:   940 Wood (Garage)


TO:   Janice Carter, 940 Wood St., Muskegon. Ml 49442
      [Name & Address of Owner]

      None
      [Names & Addresses of Other Interested Parties]



Please take notice that on Thursday, December 5 1 2002 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace. Muskegon, Ml at 5:30
o"clock p.m., and at the said hearing consider whether or not the following structure
should be determined to be dangerous. substandard and a nuisance, and demolished,
or repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
Repair issued 9/26/fl2.

At the hearing on Thursday. December 5, 2002 • at 5:30 o"clock p.m., at the
Muskegon City Hall, 933 Terrace Street. Muskegon. Michigan, you may appear and
present any relevant evidence to the Housing Board of Appeals and have counsel of
your choice present, if you desire, to show cause why the structure should not be
allowed or ordered demolished.

                           c~zco'"~~~E~ IN PE TIO                DEPARTMENT,
                           ON B E ~ ( Z ' . i H SI GB             D OF APPEALS

                           By_-i------------------
                           Roberf B. Grabinski, Director of Inspections
Permit Application Approval                                                             Page I of2




  ii!RI~
Building Permit Application

 Street              " ' f • ' / il-...,,..-...r-. c--:-
                     UCqJ\\ivul'                       ,,
                     V'                     -- "·"' ,..,. ,
 Address:            -- -- - ----- -                -- -----------




 Property
                     24-205--oss-OQ1 o~oo
 Number:
 Owners
                     CAR.TEH JANICE
 Name:                                 --------------------·····     -




 Owners              940WOOD
 Address:            MUSKEGON Ml 49442
 Permit No:          BD-02-9065
 Requested
                     Owner
 by:
 Contractor:         N/A
 Architect:          N/A
 Category:           BUILDING
 Permit
                     ROOFING
 Type:
 Type of
                     R
 Building:
  Description: TEAR OFF AND REROOF FRONT PORTION OF
               DWELLING AND FRONT PORTION OF GARAGE
               AND DOOR
  Dates:             App Date: 10/18/2002 Issue Date: 10/29/2002
  Value:             $600.00

 I
 : Building Permit Fee
                                          Item
                                                                         I
                                                                             Quantity
                                                                                         23.51
This application has been approved
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         September 26, 2002

Address of the Property:   940 Wood {Garage), Muskegon, Michigan



TO:     Janice Carter, 940 Wood St, Muskegon, Ml 49442
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties]




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1. ~X~_ _Obtain the issuance of all permits required to accomplish the repair
                 of the structure defects listed in the attached schedule within
                 30 days of this notice. All repairs shall be accomplished within the
                 times set forth in the permits. All work must be physically
                 commenced within 30 days of the date of this notice.

        2. _ __     Obtain the issuance of the appropriate permit for the demolition of
                    structures within 30 days, and accomplish the demolition thereof
                    within 60 days of this notice.



      The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 940 Wood (Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.

       Please see the attached inspection report



                                 f ot1_~n:t~EPARTMENO
                                   Robert B. Grabinski, Director of Inspections
                           CITY OF MUSKEGON
                  DANGEROUS BUILDING INSPECTION REPORT

                                       940 Wood


                                         9/11/02


Inspection noted:

I.     Roof deteriorated. Repair or replace.

2.     Garage roof deteriorated. Repair or replace.

3.     Doors missing or need repair (garage).

4.     Siding must be painted on garage.

5.     Footing and foundation of garage must be inspected.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                                                                    ~ - ,_)_ 5   ---0   ;r-
               LTINOWSKI, BUILDf.\lG INSP                          DATE




0:11 nspections\Grabi nski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\940
Wood - G.doc
HBA Minutes 5/1/03



Case #02-80 - 940 Wood - Janice Carter, same address

Ms. Carter was present to represent this case. She stated that she has not been
financially able to complete any repairs. She lives in this house part of the time
and part time in North Muskegon. Don LaBrenz gave a history of the case. It
began in 2002 and has deteriorated since then to the point of the roof leakage
causing damage to the interior. Ms. Carter stated she applied for help with CNS,
but can't get help because her taxes aren't paid. She is trying to get the money
to pay her taxes soon and apply for help with CNS for the roof.

Nick Kroes asked asked why she lives there part time and she stated when it
rains she doesn't stay there because of the leaking.

Clara Shepherd asked Ms. Carter if she owes on the house and if she could get
a loan for the repairs. She stated she doesn't owe anything on the house, but
doesn't want to take out a loan she can't make payments on.



Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence, but
delay taking to city commission until August 2003.

A motion was made by Jon Rolewicz and seconded by Nick Kroes to accept staff
recommendation.

A roll call vote was taken:

AYES:                 NAYES:                EXCUSED:          ABSENT:

Greg Borgman
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bever
Clara Shepherd

The motion carried.




No one was prese      represent this cas .   ..laBrenz gave a history on the
              ated the property has gone back to the StatelJf-Mic~ The



                                       2   or 8
                                                                                         6-   2.2-0.J



                                               AGREEMENT

            THIS AGREEMENT, made this June 8, 2004 by and between:
            Press's LLC

            (a corporation organized and existing under the law of the State of Michigan);
            (partnership consisting of _ _ _ _ _ _ _~; (an individual trading as _ __
            _ _ _ _ _ _ ___,; hereinafter called the "Contractor," and the City of
            Muskegon, Michigan, hereinafter called the "City".

            WITNESSTH, that the Contractor and the City, for the consideration stated
            herein, mutually agree as follows:

           ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision,
           technical personnel, labor, materials, machinery, tools, equipment, and services,
           including utility and transportation services, and perform and complete all work
 ..!;,:'
           required for the demolition and clearance of 940 Wood-Garage as well as
if         required supplemental work for the completion of this project, all in strict
           accordance with the Contract, including all Addenda.

           ARTICLE 2. Contract Price . The City will pay the Contractor for the performance
           of this Contract and the completion of the work covered therein an amount not to
           exceed $715.

           ARTICLE 3. CONTRACT: The.ex'ecute'd contract shall consist of, but not be
           limited to, the following:

           Invitation for Bids
           Instructions to Bidders
           Bid Proposal
           Agreement
           General Specifications for Project Performance
           Equal Opportunity and Employment Specifications
           Demolition and Site Clearance Specifications

           This Agreement, together with other documents listed in Article 3, which said
           other documents are as fully a part of the Contract as if attached hereto or
           repeated herein, form the contract between the parties hereto.

           In the event any provision in any component part of this Contract conflicts with
           any provision of any other component part, the Contractor shall contact the City
           immediately in writing for a determination, interpretation, and/or classification of
           conflicting parts and priority of same. Said determination from the City shall be in
           writing and shall become an Addendum to this Contract.

           IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to
           be executed on the day and year first written above.
 ATTEST:                              CONTRACTOR:

                                     BY: ___/.L4--'-'.A-='--'1.A,'-'-l"--;f,_·_s,'._c_1--1-c•_,,-e__"".(___,O=(;_J_/,=rJ.iL""f;""--
                                                  Printed name and titlJ

 ATTEST:

~,71,l_       J),,"4~J /
                                                    --1 ..1.l..
                                                     '
                                                    ±:,.0.
                                                                 '

                                                 City Clerk

(SEAL)

CERTIFICATION (IF APPLICABLE)

I,   1--1 fA /\   00 9 e f           , certify that I am the --F"-J-"",8u;=_·_ _ __

of the Corporation named as contractor herein;

That     ·r;i M.tt '('.   3'ac,;er , who _signed this Agreement on behalf of the
Contractor, was then.~o~c=UA/=e~-~r:______ of said Corporation:

That said Agreement was duly signed for and in behalf of said Corporation by
authority of its governing body, and is within the scope of its corporate powers ..

                                    Signed:                                  ~
                                                         /   .                    .
                                            ~<L~--~7,ef
                                                  ,Q                     I
(CORPORATE SEAL)                                  1tt L11 n $q . u:'.'.                      ':/J?Mi.
                                              Printed Name ancl Title
DATE:                 July 15, 2003

TO:                   Honorable Mayor and Commissioners

FROM:                 Robert B. Grabinski, Director of Inspection Services

RE:                   Concurrence with the Housing Board of Appeals Notice and Order
                      to Demolish. Dangerous Building Case#: 02-84 Address: 590
                      Catherine


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
590 Catherine is unsafe, substandard, a public nuisance and that it be
demolished within thirty (30) days. 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: #02-84, 590 Catherine, Muskegon, Ml

Location and ownership: This structure is located on Catherine between Maple
and Chestnut. It was owned by Rosemary Williams (she presides there), but has
gone back to the state for taxes.

Staff Correspondence: A dangerous building inspection was conducted on
11 /12/02 and an interior inspection was conducted 1/22/03. A notice and order
to repair was issued 3/21/03. On 4/21/03 the owner called the Inspection
Department and asked what the notice of hearing was about. She was
recommended to attend the meeting and state her intentions to the board. The
case was heard before the HBA on 5/1/03 and they declared the structure
substandard and dangerous on that date. The owner was not present for that
meeting.

Owner Contact:     There has been no contact since the owner called the
Inspection Department on 4/21/03.

Financial Impact:               CDBG

Budget action required:                    None

State Equalized value:                     $13,900

Estimated cost to repair:                  $8,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.

0:\1 nspections\Gr;ib inski_l ,orraine\ \Vord\CC MEETINGS\Agcnda 590 Cat!1crim:.doc   page   I   of   1
               - ~ - - ~ - -----------'--~--'




                                                8
                                                0   . . .- -
                            520                                                                                        E



                     511                                               557       567     0   581      589
                                                                                                    _____      ...,_

              ~----~-




                                                ~CFJ
                                      530
                                                    UJ __               0




                            --------
                                      529           I          549      561
                                                                            c_
                                                                                                                       60'.




_j_ _____ _

~--~~                                                                                                            0

 I
 I




                                                                                                                 N
                                                                                                                 cr,




                                                                      560          568       580      590




                                                                     _!;§()__    _569 _ _ _,57.Q_   _§El()__               61
            I! ,.;
             ••i
                     I




~---···--
 For The Inspection Department                                                             File#: 423759
 City of Muskegon



                              FROM CITY ASSESSOR'S RECORDS


 OWNER:                           Rosemary Williams

 PROPERTY:                        590 Catherine

PARCEL NO:                        24-205-07 6-00 I 0-00

DESCRIPTION:                      Lot 10 Blk 76


                       FROM RECORDS OF TRANSNATION TITLE


UBER:                             2192
                                                                                                              '
PAGE:                             51

DATE OF DEED:                     May 5, 1998

GRANTOR NAME & ADDRESS: State of Michigan, 430 W. Allegan St.,
Lansing, MI 48922

GRANTEE NAME & ADDRESS: State of Michigan, Department of Natural
Resources, Real Estate Division, PO Box 30448, Lansing, MI 48909-7948

LIENS OR MORTGAGES: 3072/662

TODAY'S DATE:                    December 23, 2002

EFFECTIVE DATE: October 23, 2002 at 8:00 AM

Abstracted by:                   ~ 0, ~
                      TRANSNATIOTITLE INSURANCE COMP ANY
The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or
encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event
exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title
insurance should be placed with Transnation Title Insurance Company.
      Mth,oln ~ M l l Dl'TIHI"')', LPS
                                                                                                        This deed Ill exempt from RHI E1lata
      '465 {~·97) Fom1«1,< L·2349
                                                                                                        Transfer Tu and Slate Real Eatata
                                                                                                        Tr1n1far Tax under MCL 111ctlon1 207.505
      STATE TREASURER DEED                                                                              (H) and 207.526 {H){I) respectively
      r11ue11 under 1uthority ot Section. 211.e1a, MCL.      182182

      On this Slh of May, 1998        lhe grantor, Oougla& B. Roberts, Slate Treasurer,State of Michigan, 430 W. Allegan St., Lansing,
      Michigan -48922, by his authorized representative Thomas E. Willard, quit-claims the following described property to the State of
      Michigan, whose address is, Department of Natural Resources, Real Estate Divfsion,P.O. Box 304-48, Lansing, Michigan '48909-7948.

      Title became absolute In lhe State of Michigan by court decree of the Circuit Court of the County named below and nonredemptlon
      from the 1997 tax sale within the statutory period. Under section 67a of P.A. 206 of 1893, as amended, the granter, for and In
      consideration of the premises, conveys to the grantee, State of Michigan. the following:

      _M_U_S_K_EG_O_N_ _ _ _ _ _ _ _ _ County, Stale of Michigan.
                Township of Blue Lake SN24
                Town 12 North, Range 16 West Section 13
                NW 114 of NE 114 of SW 114
                610401301700

                Township of Blue Lake SN65
                LAKE CRYSTAL ADDN TO FRUllVALE
                Lots9&10 Blk3
                61 04 321 724 00

                Township of Blue Lake SN87
                LAKEWOOD ADDITION NO 10 PLATS F
                Lots 47 to 49 Inc Blk 65
                61 04 366 556 00

                Continued on next page
      Witnesses:


                l1) VI\~ ~t!
                                                                           Drafted b _J::.a::.n:..R.ci::.al_ _ _ _ _ _ _ _ _ _ _ _ __
                                       Donna Landi1                                 y Local Proper1y SeNices Division
                                                                                      Treasury Building
      ST ATE OF MICHIGAN                )                                             Lansing, Michigan 48922
                                        ) ss
      County of Ingham                  )

      On this       18th                  day of          December
                                                                                               !
                                                                          ,1998 , the foregoing Instrument was acknowledged before me
      by Thomas E. Willard, authorized representative of lhe Stale Treasurer.~      _           I\_
                                                                           ,.d::;:::i..:!b<,~..,...!,lrt_..,,,.:...:::Y==..11.Adia.'.K.a.t.'- - - - - - - -
./~   My?fmmlsslon expires November 07, 2002                              (Toni L. Falcon, Notary Public                                                      ,m
v~IC                                        '                                                                                                           nV'
,PO .::3C)O()f' cX'wrl,U1l.JJ .t/F9d</- 7S!!._             r                                                                                            ',.
                                                                                          <;'~''/'~t,,~-~~-



                                                                 .,   '
                 NOTICE OF HEARING BEFORE THE CITY COMMISSION


 DATE: July 11, 2003


        590 Catherine

        (Address of Property)


TO:     All owners and interested parties:


        State of Ml, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-7948
        (Other interested parties)

        Rosemary Williams, 590 Catherine, Muskegon, Ml 49442




On May 1, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.



                                      CITY OF MUSKEGON INSPECTIONS DEPT.
                                      F O ~ HOUSING BOARD OF APPEALS

                                             :}kt~ ll.,~}'.: ,.1_.
                                                 1



                                      By_ _ '1:,_________________
                                      Robert 8. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC             -
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          May 2. 2003

        To:    State of Michigan, DNR Real Estate Div., P.O. Box 30448, Lansing, Ml
               48909-7948
               Owners Name & Address

               Rosemary Williams, 590 Catherine, Muskegon, Ml 49442
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE




       The Housing Board of Appeals. having received evidence at a scheduled and
noticed meeting held on Thursday, May 1, 2003 does hereby order that the following
structure(s) located at 590 Catherine; Muskegon. Michigan. shall be demolished for the
reason that the said structure or structures are found. based upon the evidence before
the Board of Appeals. to be dangerous. substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish. if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board. and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                             Robert: B. Grabinski, Director of Inspections




0:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                               CITY OF MUSKEGON
                  CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                     NOTICE OF HEARING

 Date: April 18, 2003

 Address of the Property:      590 Catherine


TO:     State of Michigan, DNR Real Estate Div., P.O. Box 30448, Lansing, Ml 48909-
        7948
        [Name & Address of Owner]

        Rosemary Williams. 590 Catherine. Muskegon. Ml 49442
        [Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, May 1, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is that you have not complied with the notice and order to
repair or demolish the garage issued 3/2103.

At the hearing on Thursday, May 1, 2003, at 5:30 o"clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.



                              c11?'1oF.,~~~~~D-P-J.1Ns~~~J19~ £';:ARTMENT,
                              ON B E t J A ~ ~ 3 e , ~ ~ OF APPEALS
                              By     'J--
                              Robert 'B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_L0RRAINEIW0RD\HBA MEETINGS\STANDARD F0RMS\N0TICE OF HBA HEARING.DOC
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         March 21, 2003

Address of the Property:   590 Catherine



TO:     State of Michigan, DNR Real Estate Div., P.O. Box 30448, Lansing, Ml 48909-
        7948
        [Name & Address of Owner]

        Rosemary Williams, 590 Catherine, Muskegon, Ml 49442
        (Interested Parties)




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1.   X      Obtain the issuance of all permits required to accomplish the repair
                    of the structure defects listed in the attached schedule within
                    30 days of this notice. All repairs shall be accomplished within the
                    times set forth in the permits. All work must be physically
                    commenced within 30 days of the date of this notice.

        2. - - -    Obtain the issuance of the appropriate permit for the demolition of
                    structures within 30 days, and accomplish the demolition thereof
                    within 60 days of this notice.



The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

The following conditions are present at the structure at 590 Catherine, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.


                       .
      Please see the attached inspection report


                    CITY OF MU~N INSPECTION DEP~RT~ENT

                                      )al±?iil. j~J_•
                                  Robert B. Grabinski, Director of Inspections
                                CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                   590 Catherine
                              (INTERIOR INSPECTION)
                                      1/22/03


Inspection noted:


1.     Exterior lights improperly wired.
2.     Wiring inadequate.
3.     Light fixtures incomplete.
4.     Windows missing or broken.
5.     Roof rafter cut and broken.
6.     Roof failing.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION or A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




                                                                   DATE




\\Muskc.lata\Data\lnspcctions\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION
REPORTS\STAND/\RD FORMS\590 Catheri ne.doc
                                CITY OF MUSKEGON

                       NOTICE FOR INTERIOR INSPECTION



DATE:        December 18, 2002

Address of Property:                590 Catherine




TO:          Rosemary Williams. 590 Catherine. Muskegon. Ml 49442
             [Name & Address of Owner]

             None
             (Interested Parties)



The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.

We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on Wednesday, January 22,
2003 at 11:00 A.M. Failure to appear and allow the inspection will result in this
office seeking a search warrant to conduct the inspection.


                                      CITY OF MUSKEGON INSPECTION SERVICES




                                             Robert B. Grabinski, Director of Inspections
                                 CITY OF MUSKEGON

                 DANGEROUS BUILDING INSPECTION REPORT

                                      590 Catherine
                                         11/12/()2


Inspection noted:

I.      Roof system on home deteriorating. Structural support on front of home foiling~
        sagging front porch.

2.      Shingles, drip edge falling off home.

3.      Broken siding on home.

4.      Exterior wood (siding-frames) in need of protection from clements.

5.      An interior inspection is required by all trade inspectors (plumbing, mechanical,
        electrical and building) before any permits or certificates of occupancy will be
        issued



BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                                                                        1t - t ,)- -0 .;,_..-
                'JNOWSKI. BUILDING INSPEtTOR                        DATE




0:11 nspections\Grabinski __ Lorraine\ Word\DANGt'ROUS BUILDING INSPECTION REPORTS\590
Catherine.doc
 HBA Minutes 5/1 /03




 Case# 02-84 - 590 Catherine - Rosemary Williams, same address - State of Ml

 No one was present to represent this case. Don LaBrenz gave a history on the
 structure and stated the property has gone back to the State of Michigan. The
 owner contacted the office the week before the meeting and she was told she
 needed to attend the meeting and also check on the land contract owner paying the
 taxes.

 Staff Recommendation: Declare this building substandard, a public nuisance,
 and dangerous building and forward to city commission for their concurrence.

 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
 John Warner
 Nick Kroes
 Jerry Bever
 Clara Shepherd

 The motion carried.

 Case #02-62 - 259 Delaware - Michael Lewis, 590 Howell, Muskegon

~ . , ; ~ "'~s present to represent this case. Nick Kroes in ·       on what his
 ;~;~~t~~ with the structure and Mr. Lewis stated h · tends to finish the
 required repairs a   ·ve there. He has pulled all n    ssary permits and Don
 LaBrenz stated a progre · spection was co        cted recently and the work is 80%
complete. He is back before t       oard b   use his permit expired. Mr. Lewis
stated he hopes to finish within 30 d

 Staff Recommendation: Ta     this case 90 days
 repairs and have inspe · ns.

 A motion was      ae by Nick Kroes and seconded by Jon Rolewicz to
 recommen     10n.

 Ar    call vote was taken:



                                       3 of 8
DATE:                 July 15, 2003

TO:                   Honorable Mayor and Commissioners

FROM:                 Robert B. Grabinski, Director of Inspection Services

RE:                   Concurrence with the Housing Board of Appeals Notice and Order
                      to Demolish. Dangerous Building Case#: 02-73 Address: 444
                      Orchard.


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
444 Orchard (Garage only) is unsafe, substandard, a public nuisance and that
it be demolished within thirty (30) days. 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: #02-73 - 444 Orchard (Garage only), Muskegon, Ml

Location and ownership: This structure is located on Orchard between Wood
and Williams. It was owned by Lucille Hayes, now deceased. Her daughter is
trying to sell the property.

Staff Correspondence: A dangerous building inspection was conducted on
9/11/02. A notice and order to repair was issued 9/26/02. The case was heard
by the HBA on 3/6/03 and the garage was declared substandard and dangerous
on that date.

Owner Contact:        The owner is deceased and her daughter scheduled the
building inspector to do an inspection on the garage with her and he told her
what repairs were required to be done. She didn't have the money to do the
repairs and is trying to sell the house.

Financial Impact:                CDBG

Budget action required:                     None

State Equalized value:                      $14,900

Estimated cost to repair:                   $2000 (Garage only)

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.



0:\!11spcct1ons\Grabinski_l ,orraine\ Word\CC iVIF.ET!NCiS\Agenda 444 ()rchard -CJ.doc   page I of I
//
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       ------
                NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: July 11, 2003


       444 Orchard - Garage

       (Address of Property)


TO:    All owners and interested parties:


       Lucille Hayes, 444 Orchard, Muskegon, Ml 49442
       Owner

       None
       (Other interested parties)




On March 6, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.




O:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC
                           CITY OF MUSKEGON
          CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          March 7, 2003

        To:    Norma Owens, 444 Orchard, Muskegon, Ml 49442
               Owners Name & Address

               None
               Names & Addresses of Other Interested Parties




                           ORDER TO DEMOLISH STRUCTURE

       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, March 6, 2003 does hereby order that the following
structure(s) located at 444 Orchard (Garage), Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




O:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.



                                             ~ E HOUSING BOARD OF APPEALS:

                                             :, ,fkt_v3 }1<1;~.
                                             Robfi!rl B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                                                              Inspections Sen,ices
                                                              Department




Memo
To:         Bob Grabinski

From:       Lorraine

CC:        File

Date:      March 6, 2003

Re:        444 Orchard - Garage




Norma Owens, daughter of deceased owner, Lucy Hayes, called this a.m. to ask about HBA
meeting tonight. She cannot attend. She had an inspection on the garage October 18, 2002
and Henry Faltinowski met with her and told her what repairs are required. She can't afford
to fix or demolish the structure and said she is trying to sell the house. I explained the bid
process if the city plans to move forward to demolish the garage and told her it might be in
her best interest to hire it out herself.




• Page 1
                             CITY OF MUSKEGON
                CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: February 21, 2003

Address of the Property:      444 Orchard (Garage)

TO:    Lucy Hayes, 444 Orchard, Muskegon, Ml 49442
       [Name & Address of Owner]

       None
       [Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, March 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish issued 9/26/02.

At the hearing on Thursday, March 6, 2003, at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.




                                      ·. Grabinski, Director of Inspections




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         September 26, 2002

Address of the Property:    444 Orchard (Garage), Muskegon, Michigan



TO:     Lucy Hayes, 444 Orchard, Muskegon, Ml 49442
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties]




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
                   of the structure defects listed in the attached schedule within
                   30 days of this notice. All repairs shall be accomplished within the
                   times set forth in the permits. All work must be physically
                   commenced within 30 days of the date of this notice.

        2. _ __      Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



      The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 444 Orchard {Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.

       Please see the attached inspection report



                                    ITY~~Nn::t;EPARTMENT
                                   Ro ert B. Grabinski, Director of Inspections
                          CITY OF MUSKEGON
                 DANGEROUS BUILDING INSPECTION REPORT

                                      444 Orchard
                                         (GARAGE)

                                          9/11/02


Inspection noted:

I.     Garage roof severely deteriorated with several holes. Needs to be replaced.

2.     Exterior must be painted.

3.     Service doors must be repaired.

4.     Footing and foundation inspection required.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                                                                     9-J-5- -0       _.,___
             TINOWSKI, BUILDING INSP cCTOR                        DATE




O:\lnspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\444
Orchard -G .doc
HBA Minutes 3/6/03



Ar    call vote was taken:


AYES:                  NAYES:                                      ABSENT:

Greg Borgman                                 Clara Shepherd
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroe
JerrY,  ver
     motion carried.

Case #02-73 - 444 Orchard (Garage), Lucy Hayes, same address

Ms. Hayes was not present for the meeting, but called the Inspection Department
to say she had no money to demolish the garage.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

A motion was made by John Warner and seconded by Jon Rolewicz to accept
staff recommendation.

A roll call vote was taken:

AYES:                  NAYES:                EXCUSED:              ABSENT:

Greg Borgman                                Clara Shepherd
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Bever

The motion carried.
                                                                             _,,.,
Ca e #02-31 - 1232 Sanford - Todd Rachow, 2973 Tonawan a--NE, Holland,
Ml 49~~'""-

 Mr. Rachow was pres            d stated that,be aced an offer on the house and it
was just accepted the previous           :--iie is a licensed contractor and plans to
 repair the house and keep·         a single-     · rental dwelling. He has other
 rentals in the city at t · 1me. He also stated the           e will be torn down. He
 asked for 60_j,a-Y o allow time to close on the sale. Mr.            inski asked if he
/              interior inspection when he takes ownership and he s ated yes.



                                          4 of7
DATE:                  July 15, 2003

TO:                    Honorable Mayor and Commissioners

FROM:                  Robert B. Grabinski, Director of Inspection Services

RE:                    Concurrence with the Housing Board of Appeals Notice and Order
                       to Demolish. Dangerous Building Case#: 02-77 Address: 1447
                       Terrace.


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
1447 Terrace (Garage only) is unsafe, substandard, a public nuisance and that
it be demolished within thirty (30) days. 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: #02-77 - 1447 Terrace - (Garage only), Muskegon,
Ml

Location and ownership: This structure is located on Terrace between Irwin and
E. Grand. It is owned by Murray Vanderstelt.

Staff Correspondence: A dangerous building inspection was conducted on
9/11/02. A notice and order to repair was issued 9/26/02. A permit to repair the
garage was pulled by the owner 11/12/02 and expired on 1/12/03 before any
work was done. The case was heard by the HBA on 2/6/03 and the garage was
declared substandard and dangerous on that date, but the owner was told the
Director of Inspections would delay bringing it before City Commission until June
2003 to allow him time to repair. On 7/14/03 the owner was allowed to pull a new
permit to repair the garage, but was informed that if the repairs were not
completed by the 7/22/03 commission meeting, the case would move forward for
their concurrence.

Owner Contact:      The owner has been in the office twice to pull a permit and
was present at the HBA meeting to state that he wanted to repair the garage.

Financial Impact:                 CDBG

Budget action required:                       None

State Equalized value:                        $24,400

Estimated cost to repair:                     $2000 - Garage only




O:\l nspections\Grah i11ski _l ,01Tainc\ 'v\lord\CC MEl~'l'INGS\Agenda 144 7 Tcnacc-(i.doc   page I of2
Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.




0:\1 nspections\Grabi nski_Lorrainc\ W ord\CC )'V!EETIN(JS\Agcndri 144 7 '!'errnce-G .d(JC   page 2 of2
                                                                                                                                                                                                                           ~
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t 4 t.\l °\'err~'~
             a
     (; a r Q. C.
                NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: July11,2003


       1447 Terrace• Garage

       (Address of Property)


TO:    All owners and interested parties:


       Murray Vanderstelt, 1459 Terrace, Muskegon, Ml 49442
       Owner

       None
       (Other interested parties)




On February 6, 2003 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.




O:IINSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC             -
                                        EA'f'lf(f--5; 7-22- ,D-3
                                               BUILDING PERMIT APPLIC                                    flON
                                                     City of Muskegon
Dale ,   1,f 'j   i)..)                                  933Terrace St. P.O. Box 536                                           Perm~#
                                                         Muskegon, Ml 49443--0536
                                                              (231 )724-6758
I JOB LOCATION
Job AdClress
               /'--/l/0
Name or Owner/Agan!
                               T£,2tf&CE                                               YES   •
                                                                                 Has a plan revklw beoo completed for this project?


                                                                                 Owner Telephone
                                                                                                     NO     D      NOT REQUIRED         D
            /'1 J ,<1<!J'" \/4 Ai C'/c'/1. 5 f t:t. .i                                 72.2 -     t•'i<i 7
Owner Aeldress                                                  Cl1y                             State                           z~ Code
           IY 'f cl        Tl!rtt{t}C(~                           /1-1 J .S}"                      /'v/ JJ }<;                       - '--I    2.
II. CONTRACTOR /OWNER INFORMATION
D   Contractor       Name                                                                        License Number                  E,:plrallon Oats
~Homeowner

Address(Streel & Name)                                          Cl1y                             Slale                           Zip Code



Telephone Number                Federal employer 10 Number (or reason for exemption)
(    )

Workers Compensalion Insurance Carrier (or mason for exemption)




Ill. ARCHITECT OR ENGINEER
Name (Company or Individual)

Address                                 City                                    State            Zip code




IV. TYPE OF JOB
Class ol work {check al lhat,..!Epty}
      NEW BUILDING            LJ                   ADDmON              •                 ALTERATION
                                                                                                               •                  REPAJR
                                                                                                                                                •
      RESIDENTIAL
Description of work
                                                   COMMERCIAL          •                INDUSTRIAL
                                                                                                               •                  OTHER




V. FEE - Enter the value of the
State the total cost of the improvement I including excavation.                                                    Permit Fee
building, plumbing, electrical, mechanical and architectural costs                 s                                             .3 2   '1,_._5-


                          Separate permits are required for Plumbing, Mecl!anical, and Electrical work.

         NO WORK IS TO START PRIOR TO THE ISSUANCE OF BUILDING PERMIT
                     (PROJECTS STARTED WITHOUT A PERMIT MAY BE SUBJECT TO INVESTIGATION FEES)




I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws
and ordinances governing this type of work will be complied with ·whether specified herein or not. The granting of this permit
does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the
oerforrnance of construction.
\.1. APPLICANT SIGN ATV RE
S«tlo • ll • orth u11tr c-onttns<'rion codt- • ct or 1972, 19'71 PA 2J0, MCL J25.152J • ,prohibits I prnoa fn>m coupiriog to dre1unv,•1 thr Ucu1lot
requi.runo1, or tbi, 111ft nlatiog 10 ptr1001 who •rt ro ptrform "ork 011 1 ruidtolial buildiog or a rt1idcolit111ructurr. \'iolalors (»r ,cclioo lJ• art
tubjtcltd lo civil fin ts."
                                                                                                                       Date
                                                                                                                         7~ (           L-
                                                                                                                                                       BJ,O:
          BUILDING PERMIT
                                     CITY OF MUSKEGON
    DATE     7 ,/'J                               20    0   ,3                 PERMIT NO.


    LOCATION    -'=--'l~'l__,9L-....e,r_Je:c..;'lt:....,____ctf...;__;_,tJ_Ci_~·---
                            (NO                   (STREETJ

    CONTRACTORSNAME_O_vJ_,J_('_/t
                              _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __


    DESCRIPTION OF WORK              AE/J,11-R               &sex) 0 F                 (r/f~ll~F (lo                I)~




    EXPIRES:               7- Z..J.. O.J
    THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR

•   PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNOER THE BUILDING CODE, MUST BE
    APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE
    OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM
    THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
    MINIMUM OF THREE CALL                                                                           WHERE APPLICABLE SEPARATE
    INSPECTIONS REQUIRED FOR               APPROVED PLANS MUST BE RETAINED ON JOB ANO THIS
                                                                                                    PERMITS ARE REQUIRED FOR
    All CONSTRUCTION WORK:                 CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN         ELECTRICAL, PLUMBING AND
    1. FOUNDATIONS OR FOOTINGS.            MADE. WHERE A CERTIFICATE OF OCCUPANCY 15 RE-            MECHANICAL INSTALLATIONS.
    2. PRIOR TO COVERING STRUCTURAL
      MEMBERS (READY TO LATH).             QUIRED, SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL
    3. FINAL INSPECT/ON BEFORE             FINAL INSPECTION HAS BEEN MADE.
       OCCUPANCY.


                POST THIS CARD SO IT IS VISIBLE FROM STREET




    WORK SHALL NOT PROCEED UNTIL THE         THIS PERMIT WILL BECOME NULL AND VOID IF WORK IS NOT   INSPECTIONS INDICATED ON THIS CARD
    INSPECTOR HAS APPROVED THE VARI-         STARTED WITHIN TIME LIMITS SET BY THE CITY OF          CAN BE ARRANGED FOR BY TELEPHONE
                                             MUSKEGON HOUSING BOARD OF APPEALS. IT EXPIRES ON       OR WRITTEN NOTIFICATION.
    OUS STAGES OF CONSTRUCTION
                                             THE DATE NOTED ABOVE.
                                 NOTICE OF RESOLUTION
                             DANGEROUS BUILDING PROCEEDING

 TO ALL INTERESTED PARTIES:

 TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined
 that the building located on the following described property constitutes a dangerous building
 and has recommended to the City Commission that it shall be demolished. If demolished, the
 cost incurred by the City of Muskegon for demolition shall become a lien on this property. The
 determination was made by the Housing Board of Appeals on 1447 Terrace. The property is
 described as follows:

 *Blk 272 Lot 18



 Also known as: 1447 Terrace

 Any person interested in the property should consult with the Office of the City Clerk for the
 City of Muskegon for further information.

 Witnesses:


                                                            ~ a. ~V'Cl-~~~
                                                          Gail A. Kundinger, Clerk
~-
,~/Y0            ltll,
 , . I , ,,, " /,~//.
                 ,,,
 ~,-,,-/lr.t;   rC'1   -

 STATE OF MICHIGAN
 COUNTY OF MUSKEGON

The foregoing instrument was acknowledged before me this /           Y;/2
                                                                       day of /[j,,11 4r;1- 2003by
Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon.




                                                          ,~:nd1
                                                         Z,,~~
                                                                         _g<)_   £d1
                                                                      Notary Public
                                                                  -;!.tttr ,
                                                          Muskegon County, Michigan
                                                          My commission expires: fcl.f-,:i/S

Prepared By & Upon Recording Return To:
John C. Schrier, Parmenter O'Toole
175 W. Apple Ave, P 0. Box 786
Muskegon, Ml 49443-0786
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          February 10, 2003

        To:    Murray Vanderstelt, 1459 Terrace, Muskegon, Ml 49442
               Owners Name & Address

               None
               Names & Addresses of Other Interested Parties




                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, February 6, 2003 does hereby order that the
following structure(s) located at 1447 Terrace (Garage), Muskegon, Michigan, shall be
demolished for the reason that the said structure or structures are found, based upon
the evidence before the Board of Appeals, to be dangerous, substandard and a public
nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission
and the Director of Inspections will delay bringing this case to the City
Commission until the first meeting in June, 2003 to allow you time to repair the
garage.




O:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH W-DELAY DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                             FJ)R1~ ID:I~LS
                                             Robert 8. Grabinski, Director of Inspections




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH DOC
                             CITY OF MUSKEGON
                CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                   NOTICE OF HEARING

Date: January 23, 2003

Address of the Property:      1447 Terrace - Garage

TO:    Murray Vanderstelt. 1459 Terrace, Muskegon, Ml 49442
       [Name & Address of Owner]

       None
       [Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 9/26/02.

At the hearing on Thursday, February 6, 2003 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.




                              :~ BE~~ottt.
                              CIT~USKEGON INSPECTION DEPARTMENT,
                                                                            OF APPEALS

                              Robert B. Grabinski, Director of Inspections




0 \INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING DOC
                                              BUILDING PERMIT APPLIC' A TION
                                                    City of Muskegon
                                                         933Terrace St. P.O. Box 536                                                 Permtt #
                                                          Muskegon, Ml 49443-0536
                                                                  (231 )724-6758
I. JOB LOCATION
Job Address

                                    r o.                                              YES
                                                                                  OMier Telephone
                                                                                                  • NO            •
                                                                                  Has a plan review been completed for this project?
                                                                                                               NOT REQUIRED                     •
                                                                 City                                     State                           Zip Code


II CONTRACTOR /OWNER INFORMATION
~ Contractor         Name                                                                                 liC.:!nse Number                Expiration Date
     Homeo'Mler             V Cc~.LA--0).2_],1-
Address(Street & Name)                                           City                                     State                           Zip Code



Telephone Number                Federal employer ID Number (or reason for exemption)                      MESC Employer Number (or reason for exemption)
(    )

Workers Compensation Insurance Carrier (or reason for exemption)                                          Contractor information registered with the City of
                                                                                                                      D
Ill ARCHITECT OR ENGINEER
                                                                                                          Muskegon
                                                                                                            YES                    NO
                                                                                                                                                   •
Name (Company or Individual)                                                                                                     License Number

Address                                 ICity                                     I
                                                                                  State               I   Zip code               Telephone Number


IV, TYPE OF JOB
Class of work (check all tha\_!.eplY)
      NEWBUILDING            LJ                     ADDITION
                                                                        •                     ALTERATION

                                                                                             INDUSTRIAL
                                                                                                                       •                    REPAIR

                                                                                                                                            OTHER
                                                                                                                                                            •

State the total cost of the improvement , including excayMion.                                                               Permit Fee   d- 3 _5           ,::>
building, plumbing, electrical, mechanical and architectural, i:osts'. :. $


                        Separate permits are required for Plumbing, Mechanical, and Electrical work.
        NO WORK IS TO START PRIOR TO THE .ISSUANCE OF BUILDING PERMIT
                                                                            '·'
                      (PROJECTS STARTED WITHOUT A PERMIT MAY BE SUBJECT TO INVESTIGATION FEES)



  (_1~
                                                                                      ..,-,,._.
                                                                                          ..
                                  1- 1.;2. - 03                                                   '"'l"~i                              IApprovod


                                                                                                                  I
 I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws
 and ordinances governing this type of work will be complied with whether specified herein or not. The granting of this permit
 does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the
 oerfonnance of construction.
 VL APPLICANT SIGNATURE
 Section 2Ja of the state con~lruclion code act of 1972, 1972 PA 230, MCL 125. lSlJa. prohibits a person from conspiring to circumvent the licen11ing
 requlremfflts of this slate relating lo persons who are to perform work on a residential building or a residential structure. Violators of section 23a are
 subjectt'd to civil fines."

                                                                                                                                Date
                                                                                                                                       I/_ 7;J         ~ 0~
                                                                                                                                                                   B3102
                                 CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:         September 26, 2002

Address of the Property:    1447 Terrace (Garage), Muskegon, Michigan



TO:     Murray Vanderstelt, 1459 Terrace St, Muskegon, Ml 49442
        [Name & Address of Owner)

        None
        Names & Addresses of Other Interested Parties)




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair
                   of the structure defects listed in the attached schedule within
                   30 days of this notice. All repairs shall be accomplished within the
                   times set forth in the permits. All work must be physically
                   commenced within 30 days of the date of this notice.

        2. _ __      Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



      The conditions which cause the said structures to be dangerous, substandard
and a nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

       The following conditions are present at the structure at 1447 Terrace (Garage),
Muskegon, Michigan, and cause said structure to be a dangerous or substandard
building and a public nuisance.

       Please see the attached inspection report




                                   Robert B. Grabinski, Director of Inspections
                         CITY OF MUSKEGON
                DANGEROUS BUILDING INSPECTION REPORT

                                    144 7-1449 Terrace
                                        (GARAGE)


                                         9/11/02


Inspection noted:

I.     Scrape and paint exterior.

2.     Walls rotted and partially missing.

3.     Roof deteriorated.

4.     Repair fence.

5.     Footing and foundation permit required.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                                                                    °I -d- 5" --C ,)-
                                                   OR             DA TE




O:\Inspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\ 1447
Terrace -G.doc
HBA Minutes 2/6/03




A mo n was made by Randy Mackie and seconded by John W              r to accept
staff rec mendation.

A roll call vote w

AYES:                 NAY                  XCUSED:          ABSENT

Greg Borgman                             Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shep rd
Jerry B   r

T e motion carried.


Case #02-77 -1447 Terrace (Garage) - Murray Vanderstelt, 1459 Terrace

The owner was present to represent this case. He is waiting for good weather to
repair the garage. He had a permit, but it expired 1/12/03. Mr. Grabinski stated
he needs a new permit and the garage needs roof and some wall repair. Clara
Shepherd stated the yard is full of debris and needs to be cleaned up. Officer
Stier spoke to him about the junk cars in the yard also.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building, but delay forwarding to city commission for their
concurrence until the first meeting in June.

A motion was made by Randy Mackie and seconded by Jerry Bever to accept
staff recommendation.

A roll call vote was taken:

AYES:                 NAYES:             EXCUSED:           ABSENT:

Greg Borgman                             Nick Kroes
Randy Mackie
Jon Rolewicz
John Warner
Clara Shepherd
Jerry Bever

The motion carried.




                                     14 of 17
DATE:                  July 15, 2003

TO:                    Honorable Mayor and Commissioners

FROM:                  Robert B. Grabinski, Director of Inspection Services

RE:                    Concurrence with the Housing Board of Appeals Notice and Order
                       to Demolish. Dangerous Building Case#: 03-03 Address: 984
                       Pine St.


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
984 Pine St. is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. 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: #03-03 - 984 Pine St., Muskegon, Ml

Location and ownership: This structure is located on Pine Street between Apple
and Walton. It is owned by Gerald Fauer.

Staff Correspondence: A dangerous building inspection was conducted on
1/28/03 after complaints from near by businesses and employees of the County
Building of the danger of a board hanging loose from the top of the building. An
interior inspection was conducted 2/26/03. An additional inspection report was
written on 3/31 /03 and the notice and order to repair was issued the same day.
Because of the structural damage, architectural drawings are required for any
repairs. The case was heard by the HBA on 6/5/03 and the structure was
declared substandard and dangerous. The owner was not present at the
meeting.

Owner Contact:                    There has been no contact since the interior inspection.

Financial Impact:                  None

Budget action required:                       General Funds

State Equalized value:                        $26,700

Estimated cost to repair:                     $25,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.


():\lnspcctio11s\Gn1bi11ski_l .onai111.::\ Wunl\CC MEE'l'INGS\Agcnda 984 Pine St .. doc   page 1 of I
                     - - -0 - - -




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                                  -




DSC00041.JPG       DSC000~2.JPG
~arbor Title
                     955 West Broadway
                     Muskegon,MI49441
                                                     Title Search
                                                                                                Case No.: 100121035
                                                                                                      August 3, 200 I

 ].    Beginning Date: 12/27/2000, at 8:00 A.M.

      Please See Attached Liber 3123, Page 72, Muskegon County Records, for Legal Description:

 2.    We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the
      subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to
      6/27/2001, at 8:00A.M.

                                                        Documents
                          Deeds:                                                              Mortgages:
                   Liber 3123, Page 072                                                        NONE

                                                             Taxes:
                               Payment of the 2000 delinquent taxes, due and
                               payable to the Muskegon County Treasurer in the
                               amount of $1,185.03, if paid by August 31, 2001.

                               Note:
                               Permanent Parcel No.: 61-24-205-216-0005-00.
                               2001 State Equalized Value: $21,900.00.
                               2001 Taxable Value: $20,517.00.
                               Non-Homestead Property.

3     We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon
      County, Michigan, against:

      Gerald Fauer

4.    No search has been made for any instrnment, however designated, which has been filed as a financing statement
      pursuant to the Uniform Commercial Code.

5.    No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
      the office of the Register of Deeds.

6.    Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any
      evidence of title thereto.

7.    Note: In consideration of the fact that the above information is to be used for reference purposes only and not
      relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to,the amount
      paid for this information.

                                                                          // /7#
                                                                               .,/


                                                                       1J-:l/// . ( /
                                                                          t-
                                                                        1/1      ~
                                                                                                   . 1/,✓
                                                                                                /2/ ,/ "
                                                                                                         ~-_,,,




                                                                      · ark A. Wypa
       .. ----~- - = = = = = = =


                                                                                                        ST ,\TE Of Mit,UGAN
                                                                                                       COUIITY OF MU~'IEG'N
                                                                                                       HE:CEIVED FOP. RECORD
                                                                                                       2IID DEC 27 Pll J: Q3




I                                                               WARRANTY PEED

                                                               -KATHLEEN A. SNIDER, a married woman,
                        THE GRANTOR:
                                                                52 N. Bear Lake Rd., Muskegon, Ml 49445
                        WHOSE ADDRESS            rs:
                        CONVEYS AND WARRANTS
                                                                GERALD A. FAUER, a married man,
                        TO THE GRANTEE:
                                                                 1511 Albert, Muskegon, MI 49442
                                                                ~Kl<OQllllltDnh:Milllk~:Mll(lll'J!W:jl
                            WHOSE ADDRESS IS:
                            the real estate situated in 1he City of Muskegon, Muskegon County, Michigan, more fully
                            described as                  . _- ---~---J;i lf.?,,:, £, _:;.. 1 ••4>:.·-~? o__§_ ..g_.O,:l'if~

                                    Lot Five (5) of Block Two hundred sixteen (216) of the Revised Plat (of 1903)
                                    of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon
                                    County Records.
                            toge,her with all improvements. fixtures, easements, and appurfenances associated with the
                            real estate ("Property"), subject to easements, restrictions, interests, and reservations of
                            record~ taxes and assessment~ not yet due and payable~ and an" matters that would be:
                            disclosed by an accurate ALTA/ACSM Urban Land Title Survey.

                            This Deed is given for the consideration ofTHREE THOUSAND Dollars ($3,000.00).

                                                                                                                TIU
                                                                                                                      25.8©
                                                                                                                       3.30 C
                                                                                                                      22, 50 5




     ___,...._-·=•...............
    . . ::•-...c - -
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      -·. '.           . ·. .
      -~.: }·-         ~·

      ·. '~t~~ii&.:;;;~a~~~i:,~.~,~~"'~',,;ci4~~:"::J
                NOTICE OF HEARING BEFORE THE CITY COMMISSION


DA TE: July 11, 2003


       984 Pine

       (Address of Property)


TO:    All owners and interested parties:


       Gerald Fauer, 1511 Albert, Muskegon, Ml 49442
       Owner

       None
       (Other interested parties)




On June 5, 2003 the Muskegon Housing Board of Appeals made a determination that
the subject property is sub-standard, a public nuisance and a dangerous building under
the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.



                                     CITY OF MUSKEGON INSPECTIONS DEPT.
                                     F O ~ HOUSING BOARD OF APPEALS


                                     B:\    {M'2 Al~:.r'1.
                                     Robert'B. Grabinski, Director of Inspections




0 \INSPECTIONSIGRABINSKI_LORRAINE\WORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION
HEARINGOOC
                            CITY OF MUSKEGON
           CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



 Date:          June 6, 2003

         To:   Gerald Fauer, 1511 Albert St., Muskegon, Ml 49442
               Owners Name & Address

               None
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE



       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, June 5, 2003 does hereby order that the following
structure(s) located at 984 Pine, Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                              CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: May 22, 2003

Address of the Property:      984 PINE


TO:    Gerald Fauer, 1511 Albert St. Muskegon, Ml 49442
       [Name & Address of Owner]

       None
       (Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, June 5, 2003, the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish issued 3/31/03.

At the hearing on Thursday, June 5, 2003, at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.


                              CITY OF MUSKEGON INSPECTION DEPARTMENT,
                              O ~ L F Of-THE HOUSING BOARD OF APPEALS
                                                     -          ),   .



0 IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC
                     NOTICE TO OWNER AND INTERESTED PARTIES

 Please take notice that this decision of the Housing Board of Appeals will be presented
 to the City Commission of the City of Muskegon on the date and at a time to be noticed
 to you by the Director of Inspections. You are hereby notified that you will have an
 opportunity to appear before the said City Commission at that time and to present any
 and all evidence or matters relevant to the issue of demolition or repair of the said
 structures. This order of the Housing Board of Appeals is not final, but will become final
 if and when the City Commission has considered the record and this order, and has
 concurred.

          The City Commission may concur with this order, or disapprove or modify the
 order.




                                             F?n~x:n~ALS
                                             Robert B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC
                                   CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:          March 31, 2003

Address of the Property:       984 PINE



TO:     Gerald Fauer, 1511 Albert St. Muskegon, Ml 49442
        [Name & Address of Owner]

        None
        (Interested Parties)




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1.    X      Obtain the issuance of all permits required to accomplish the repair
                     of the structure defects listed in the attached schedule within
                     30 days of this notice. All repairs shall be accomplished within the
                     times set forth in the permits. All work must be physically
                     commenced within 30 days of the date of this notice.

        2. - - -     Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

The following conditions are present at the structure at 984 Pine, Muskegon, Michigan,
and cause said structure to be a dangerous or substandard building and a public
nuisance.

      Please see the attached inspection report



                    CITY M1aIT~li:I~T
                          OF


                                  Robert B. Grabinski, Director of Inspections
                                    CITY OF MUSKEGON

                    DANGEROUS BUILDING INSPECTION REPORT

                                            984 Pine

                                             3/31/03


Inspection noted:

1.         An interior inspection is required by all trade inspectors (plumbing, mechanical,
           electrical and building) before any permits or certificates of occupancy will be
           issued.

2.         Structural damage to upper building roof system. Incomplete repairs made and
           not installed to code. Rotted, water soaked rafters; require removal of all
           damaged structural members.

3.         Must submit construction documents from registered design professional
           (Michigan) on all repairs - fire separation - proposed use of building.

4.         All repairs and remodeling must meet Michigan Building Code 2000
           requirements.

5.         Lower section of building has numerous water damage and structural concerns.
           Construction documents and design professional required.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




                 TINOWSKI, BUILDING IN            ECTOR                 DATE




O:\lnspections\Grabinski _ I .orrainc\ W ord\DANGEROUS BU ILDfNG INSPECTION REP ORTS\984
Pine.doc
                                                         Muskegon     \     · i
                                                         Inspection Services :


PLAN R.EVIEW WOR~ SHEET FOR                    ~~ [
                                    c:;1&::f'~ -               PERMIT# _ __

DATE<~ ~S       ~C,..)       REVIEWER· - +· - +
                                              ' '-=->
                                                    , ,.,,.+~----------



9-rifLJSr MEET 20D0 MICHIGAN BUILDING CODE
0    MUST MEET 20D0 MICHIGAN RESIDENTIAL CODE

~ MEET BARRIER FREE REQUIREMENTS OF THE 20D0 MICHIGAN BUILDING CODE

~PPROVED SET OF DRAWINGS SHALL BE ON SITE AND AVAILABLE AT THE TIME OF ALL
  SCHEDULED INSPECTIONS

~CHANGES MADE DURING CONSTRUCTION, NOT SHOWN ON THE APPROVED DRAWINGS,
  SHALL BE SUBMITTED FOR APPROVAL BY THE BUILDING OFFICIAL

~SPECTIONS REQUIRED BY THIS PERMIT WILL BE PERFORMED BY CITY OF MUSKEGON
  ALL WORK MUST BE INSPECTED AND APPROVED BEFORE COVERING.

8-suii:OING PERMIT MUST BE ISSUED BEFORE ANY WORK IS BEGUN, INCLUDING DEMOLITION.

~ R A T E PERMITS REQUIRED FOR ANY ELECTRICAL, MECHANICAL OR PLUMBING WORK
   REQUIRED.

~ONING REQUIREMENTS MUST BE MET.

0    ARCHITECTURAL SEALED DRAWINGS REQUIRED.

0    ALL FOOTINGS MUST BE INSPECTED AFTER FORMING, AND APPROVED BEFORE POURING.
     MINIMUM FOOTING DEPTH IS 42 INCHES.

 0   ALL FOUNDATIONS MUST BE INSPECTED AFTER ANY REQUIRED ANCHORS AND REINFORCING
     HAS BEEN INSTALLED AND APPROVED BEFORE SILL PLATE IS INSTALLED. ·

 0   IF SILL STRAPS ARE USED, MANUFACTURERS SPECIFICATIONS MUST BE SUBMITTED.

 ~DRAWINGS OF ENGINEERED COMPONENTS ( TRUSSES, BEAMS, MANUFACTURED
  JOISTS, ETC) MUST BE SUBMITTED FOR APPROVAL, AND BE ON SITE DURING ROUGH IN
   INSPECTION




 • Pa9e 1
                                     CITY OF MUSKEGON

                   DANGEROUS BUILDING INSPECTION REPORT

                                         984 Pine St.
                                   (INTERIOR INSPECTION)
                                           2/26/03


Inspection noted:


l.      Replace all plumbing & mechanical.
2.      Electric service is missing cover.
3.      Electric wiring on 2'"1 floor to be completely replaced.
4.      Wiring on l st floor has been exposed to the elements and has deteriorated.
5.      Numerous open junction boxes.
6.      Light fixtures and wiring are hanging down.
        Note: Architectural drawings required before any renovation.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITlON OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




                TINOWSKI, BUILDING INSPE . roR                               DATE




0:\1 nspections\Ci rabi nski __ Lorraine\ Word\DA NG EROUS BU I LD ING INSPECTION
REPORTS\STANDARD fORMS\984 Pinc.doc
                                CITY OF l\1USKEGON

                       NOTICE OF INTERIOR INSPECTION




DATE:        February 3, 2003

Address of Property:               984 PINE St.




TO:          Gerald Fauer, 1511 Albert St., Muskegon, Ml 49442
             [Name & Address of Owner]

             None
             (Interested Pmiies)




The Inspection Services Department of the City of Muskegon has preliminarily
determined that the structures described above are dangerous, substandard, and
constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City.

We intend to inspect the interior of the building(s). Please be present to allow an
interior inspection of the above described properties on \Vednesdav, Februarv 26,
2003 at 3:00 P.M. Failure to appear and allow the inspection will result in this office
seeking a search warrant to conduct the inspection.


                                     ClTY OF MUSKEGON INSPECTION SER VICES




                                            Robert B. Grabinski, Director of Inspections
                                 CITY OF MUSKEGON

                 DANGEROUS BUILDING INSPECTION REPORT

                                       984 Pinc St.

                                          1/28/03


Inspection noted:

l.      An interior inspection is required by all trade inspectors (plumbing. mechanical.
        electrical and building) before any permits or certificates of occupancy will be
        issued.

2.     Roof system on building is deteriorating. incomplete roof repairs and rotting
       sheathing. incomplete flashing. parapet and cap are incomplete.

3.     Fascia is falling off building- dangerous over sidewalk. Fascia is foiling off
       around perimeter of building.

4.     Siding is incomplete.

5.     Back block walls of building are in need of structural repair: broken and missing
       block.

6.     Foundation rim is in need of structural repair; rotted plate and open foundation.

7.     Exposed OSB soffit rotting - unprotected wood on building envelope -
       deteriorating trim. doors. etc.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




                                                                    DATE



O:llnspections\Grabinski_ l.mraine'Wcml\DANG EROUS 11UILDI NG INSPECTION REl'ORTS\984
Pinc.doc
Hfli\ Minutes 6/5/03




The motion carried.

Case #03-03 - 984 Pine St.

There was no one present to represent this case. Mr. Grabinski gave a history of
the case and stated if this building comes down he will not pilaster the wall - he
will take down both walls.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

A motion was made by Nick Kroes and seconded by Jerry Bever to accept staff
recommendation.

A roll call vote was taken:

AYES                   NAYES:             EXCUSED:             ABSENT:

John Warner                               Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Jerry Bever
Clara Shepherd

The motion carried.

Case #02-94 - 914 W. Southern - Bank One/Barb Delello representa . /

   rb Delello stated that she is a realtor and deals with bank fore sures. The
ban · st got possession of this house and got the tenant o         ay 28 th . She
stated in reclosures the properties can be assigned t -5 banks, so it takes
some time.       r intent is to rehab the house and s .

Mr. Grabinski state      is property has bee problem for a long time and lending
institutions don't care ab t the City of uskegon, so it's buyer beware.

Staff Recommendation: Declar      building substandard, a public nuisance,
and dangerous building an   rward t ity commission for their concurrence.

A motion was made    Clara Shepherd and sec         ded by Jon Rolewicz to accept
staff recommend 10n.

A roll call   te was taken:

                       NAYES:             EXCUSED:             ABSENT


                                       6 of 8
DATE:               July 15, 2003

TO:                 Honorable Mayor and Commissioners

FROM:               Robert B. Grabinski, Director of Inspection Services

RE:                 Concurrence with the Housing Board of Appeals Notice and Order
                    to Demolish. Dangerous Building Case#: 01-37 Address: 1253
                    Calvin.


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
1253 Calvin is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. 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: #01-37 - 1253 Calvin, Muskegon, Ml

Location and ownership: This structure is located on Calvin between Roberts
and Creston and is owned by Elizabeth Klein.

Staff Correspondence: A dangerous building inspection was conducted on
7/23/01 and an interior inspection was conducted 8/21/01. A notice and order to
repair was issued 8/2/01. The case was heard by the HBA on 9/6/01 and the
case was tabled for 60 days at that time. The case was heard again 12/6/01 and
the owner was again granted 60 days to complete the exterior repairs. On 6/6/02
the HBA granted 120 days to complete the exterior repairs. On 10/7/02 the HBA
declared the property substandard and dangerous.

Owner Contact:                 There has been no contact since the October 2002 HBA
meeting.

Financial Impact:              None

Budget action required:                  General Funds

State Equalized value:                   $16,200

Estimated cost to repair:                $15,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.



O:\lnspections\(Jrabinski Lorrriine\Word\CC tvfEETINUS\Agenda 1253 Calvin.doc   page   1   of   I
                                                       _:~1___11 J __ I__ t=:l ~-I ,
                                                              -- --- -----                                ----          -   --          - - - - - ________ _r-


                                                                                                                                                                          1




                                                                                                                        etf\tJ ttt
                                                                                                      ----
                                                       1230          1236        1242          1250      1262


  1205                                1219                        1229                  1247           1259      1273       1285          __
                                                                                                                                           1307_, ____ 1315    _ _1_327
-------




- I-                                                                               ---------~---




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___ L ___~-~-
1200              1206           1218               1230            1234                                                                       -32v308           1328


 1201       1205               1217                         _-1£~-               __
                                                                                  1253                                                                                        _1_:r
                                             1223                                                     - - - -1265
                                                                                                              ----      _12_77~~2-87~~--1301        _1J.1j_   _j;l_25




--      ----~---~--~--                                                                                                             -~------~ ----

                                                                                                                                                                        T


 202        1208               1218          1224          1232          1236

 (01                                         1225                   1237
                                                       1231
                                                                                -1249
                  T-
        1207         1213        1219                                             --




                                                                                                                                       - - ----"------          --        -      -




        1 'J1(\      1 ')1,1     1 ?'Jf\
 ,_   ,.   --- ·''          .....   :..




\ 1- S 3 C~\v,n
{: e..f\ SlAS -tr    l.-\
                                          [
                     ,.
[Narbor Title        955 West Broadway
                     Muskegon, MI 49441

                                                      Title Search
                                                                                                 Case No.: 100120955
                                                                                                         July 31, 2001

 I.    Beginning Date: 5/13/97, at 8:00 A.M.

       Please See Attached Liber 1983, Page 202, County Records, for Legal Description:

 2.   We have searched the records in the office of the Register of Deeds for County, Michigan covering tlie subject
      property, and find the following conveyances and undischarged encumbrances, from said beginning date to
      6/22/2001, at 8:00 A.M.

                                                         Documents
                         Deeds:                                                               Mortgages:
                  Liber 1982, Page 202                                                         NONE

                                                          Taxes:
                               Possible Sidewalk Assessment in the year 2002.

                               Possible Water/Sewer Usage Fees.

                               Proof of payment of invoice fees, due and payable to City
                               of Muskegon Treasurer in the amount of$60.00.

                               Payment of the 2000 delinquent taxes, due and
                               payable to the Muskegon County Treasurer in the
                               amount of$582.64, if paid by August 31, 2001.

                              Note:
                              Permanent Parcel No.: 61-24-685-008-0013-00.
                              2001 State Equalized Value: $13,400.00.
                              2001 Taxable Value: $10,087.00.
                              Non-Homestead Property.

3     We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of County,
      Michigan, against:

      Elizabeth Gubocki

4.    No search has been made for any instrument, however designated, which has been filed as a financing statement
      pursuant to the Uniform Commercial Code.

5.    No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in
      the office of the Register of Deeds.

6.    Under this fonn of search this company is not an insurer of above title, nor does it guarantee the title or any
      evidence of title thereto.

7.    Note: In consideration of the fact that the above info1mation is to be used for reference purposes only and not
      relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount
                 NOTICE OF HEARING BEFORE THE CITY COMMISSION


DATE: July 11, 2003


        1253 Calvin

        (Address of Property)


TO:     All owners and interested parties:


        Elizabeth Gubocki, 1940 Woodward, Muskegon, Ml 49442
        Owner

        None
        (Other interested parties)




On October 3, 2002 the Muskegon Housing Board of Appeals made a determination
that the subject property is sub-standard, a public nuisance and a dangerous building
under the City Code and ordered that it be repaired or demolished.

The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the
above decision of the Housing Board of Appeals. You may appear at this hearing at
5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street,
Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and
arguments concerning the decision to demolish the above structures.



                                      CITY OF MUSKEGON INSPECTIONS DEPT.
                                      FO~.=jHj USjN~OA~D               Of '.AP,~!~LS
                                      B y ~ 1_    ~ vi_J.J._.c..fb_,_-~·_·J_,._ _
                                             ' - -_
                                      Robert   13. Grabinski, Director of Inspections




0 IINSPECTIONSIGRABINSKI LORRAINEIWORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION
HEARING.DOC             -
                           CITY OF MUSKEGON
          CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          October 7, 2002

        To:    Elizabeth Klein, 1940 Woodward, Muskegon, Ml 49442
               Owners Name & Address

               None
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE

        The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, October 3, 2002 does hereby order that the
following structure(s) located at 1253 Calvin, Muskegon, Michigan, shall be demolished
for the reason that the said structure or structures are found, based upon the evidence
before the Board of Appeals, to be dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the date and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




0 \INSPECTIONSIGRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                            PDRTa:1__~             ~EALS:



                                            Rob rt B. Grabinski, Director of Inspections




0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\DRDER TO DEMOLISHDOC
                           CITY OF MUSKEGON
          CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: September 19, 2002

Address of the Property:      1253 Calvin


TO:    Elizabeth Gubocki, 12689 Patricia Ave. Grant. Ml 49327
       [Name & Address of Owner]

       None
       Names & Addresses of Other Interested Parties]



Please take notice that on Thursday, October 3, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is to review the status of the repairs.

At the hearing on Thursday, October 3, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.

                              CITY OF MUSKEGON INSPECTION DEPARTMENT,
                              ON BEHALF OF THE HOUSI G BOARD OF APPEALS

                                             16
                                      B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING DOC
                              CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                          ORDER TO TABLE THIS CASE 120 DAYS


Date of Order:           June 11, 2002

Address of the property:       1253 Calvin



       To:    Elizabeth Gubocki. 12689 Patricia Ave. Grant. Ml 49327
              Owners Name & Address

              None
              Names & Addresses of Other Interested Parties




                 ,   '


                               CASE TABLED FOR 120 DAYS


The Housing Board of Appeals of the City of Muskegon has reviewed your case and
ordered that it be tabled for 120 days to finish the exterior repairs. All exterior repairs
are to be completed in that time and inspections called for.

This case will be reviewed again at the October Housing Board of Appeals meeting,
which you will be notified of.

If you have any questions, please call the Inspection Department at 231-724-6715.



                                             CITY OF MUSKEGON
                                             HOUSING BOARD OF APPEALS




                                                  rt B.Grabinski, Director of Inspections




                                              2
                                                         CITY OF MUSKEGON
                                                         Inspection Services



                                             'fR \-- ,
Memo                                          \\,\ C, j\_) -
                                                               LI l( --L,::-;s cf
                                                               l   ':7 (', - l{ C\ _}:, L1

 To:           Robert Grabinski

 From: Lorraine Grabinski

 CC:           File

 Date: 06/05/02
 Re:           1253 Calvin



 Beth Gubocki contacted the office this morning. She cannot make the HBA meeting
 6/6, due to her work schedule. She is asking for a 120 day extension to finish the
 roof because of finances and personal reasons. She is getting married August 17
 and will then be able to sell her house and have the money to finish the roof. She
 talked to Ardyce (CNS) about getting help, but didn't qualify because the roof doesn't
 leak.

 She wanted to schedule a meeting with Bob Grabinski. I told her that might not be
 necessary if she could update me on where she's at with repairs. I will call her on
 Friday or Monday to let her know Bob's decision.




 :it: Page 1
                           CITY OF MUSKEGON
          CITY OF MUSKEGON HOlJSING (BlJILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: May 23. 2002

Address of the Property:       1253 Calvin




TO:     Elizabeth Gubocki, 12689 Patricia Ave. Grant Ml 49327
        [Name & Address of Owner]

       None
       Names & Addresses of Other Interested Parties]




        Please take notice that on Thursday, June 6, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace. Muskegon. MI at 5:30 o'clock p.m.,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

       The reason for this hearing is to review your progress on the said structure.

        At the hearing on Thursday. June 6. ?002 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present. if you desire,
to show cause why the structure should not be allowed or ordered demolished.




                                     ~ F MUSKEGON IN PECTIO DEPARTMENT,
                                     tSN  BEt:l.::f:_1/!i
                                                 H   SI q BO   OF APPEALS     R?
                                     By~,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
                                      R ert B. Grabinski, Director of Inspections




F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC
                           CITY OF MUSKEGON
          CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                     NOTICE OF HEARING

Date:   February 26, 2002

Address of the Property:        1253 Calvin, Muskegon MI

Description of the Structure: Pomona Park Addition Lots 13 & 14 Blk 8 & E ½ Garden St.
                              vacated


TO:     Elizabeth Gubocki, 12689 Patricia Ave, Grant, MI 49327
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties]




        Please take notice that on Thursday, March 7, 2002 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

        The reason for this hearing is to review your progress on the exterior repairs.

       At the hearing on Thursday, March 7, 2002 , at 5:30 o'clock p.m., at the Muskegon
City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.



                                      CITY       MUSKEGON INSPECTlON DEPARTMENT,

                                      :y B E H t l ± ~ l ! : 1 : : : k . OF APPEALS

                                         Rob· h B. Grabinski, Director of lnspections




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
 Affirmative Action
 231/724-6703
 FAX/722-1214

 Assessor
 231/724-6708
 FAX/726--5181

 Cemetery
 231/724-6783
 FAX/726--5617

 Ch·IJ Sen·lce
 231/724-{)716
 FAX/724-4405                                           West Michigan's Shoreline City
 Clerk
 231/724-6705
 FAX/724-4178

Comm. & Neigh.
   Services
231/724-6717          December 10, 2001
FAX/726-2501

Engineering           Elizabeth Gubocki
231/724-6707
FAX/727-6904
                      12689 Patricia Ave.
                      Grant, Ml 49327
Finance
231/724-6713
FAX/724-6768          Re: 1253 Calvin
Fire Dept.
231/724-{)792
FAX/724--6985
                      Dear Ms. Gubocki:
Income Tu
23 l /724-6770        On December 6, 2001 the Housing Board of Appeals heard your case on the
FAX/724-6768          above structure.
Info. Systems
231/724--6744
FAX/722-4301
                      The board's determination on this case is to grant you a sixty day extension to
                      complete the exterior repairs.
Leisure Service
231/724-6704
FAX/724-1196          If you have any questions, please contact this office at (231) 724-6715.
Manager's Office
231/724-6724          Sincerely,
FAX/722-1214




                      ?id!i~
Mayor's Office
231/724--6701
FAX/722-1214

Inspection Services
231/724-6715          Director of Inspections
FAX/726-2501
                      RBG/lg
Phmnlng/Zonlng
231/724--6702
FAX/724-6790

Police Dept.
231/724-6750
FAX/722-5140

PubUc Works
231/724-4100
FAX/722-4 J88

Treasurer
23 I /724-6720
FAX/724--6768

Water BIiiing Dept.
231/724-6718
FAX/724--6768

Water Flltrnflon
23 I /724-4 I 06
FAX1755-5290


                              City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, MI 49443-0536
      CITY OF MUSKEGON
                                                        ~"c\r~'S
           INSPECTION DEPARTMENT                           '25cf 0 err .
             (231) 724-6715    / ,   .---?     /\"      I . I,   \
     INSP~N SHEET F0< -(- i::c;..    '~:)     ~u,·"'-'--------

      ' - - - , ___ ,
    -!"r!lulldlng O ElectilcaJ
                                             ___
                                        O Mechanical
                                                            , ___
                                                     O Pfumblng D Zoning

      0 Foo<lng         O S..v!co       O Und«!1'ound       O Und«i1'ound
      0 RoUQh In        O Rough In      O Rough In          O RoUQh In
        F               O Fln«J         O Fl/\41            0 Final
                        •---            •---                •---


(




    Corr ec1 prior to                                                and C.ft.11 for reinspection.
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date:   November 21, 200 l

Address of the Property:        1253 Calvin, Muskegon Ml

Description of the Structure:   Pomona Park Addition Lots 13 & 14 Blk 8


TO:     Elizabeth Gubocki. 12689 Patricia Ave. Grant. MI 49327
        [Name & Address of Owner]

        None
        Names & Addresses of Other Interested Parties]




        Please take notice that on Thursdav, December 6, 2001 , the City of Muskegon Housing
Board of Appeals will hold-a hearing at 933 Tefface. Muskegon. Ml at 5:30 o'clock p.m,
and at the said hearing consider whether or not the following structure should be determined to
be dangerous, substandard and a nuisance, and demolished, or repaired.

        The reason for this hearing is to review your progress on the exterior repairs as required
in the order to repair issued 9/10/01.

       At the hearing on Thursday. December 6, 2001 , at 5:30 o'clock p.111., at the Muskegon
City Hall, 933 Terrace Street, Musk--;,gon, Michigan, you may appear and present any relevant
evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire,
to show cause why the structure should not be allowed or ordered demolished.




                                      CITY OF MUSK.EGON INSPECTION DEPARTMENT,
                                      0    , A F OF THE HO SING BOARD OF APPEALS

                                                                                  •




F:IINSPECTIONSIGRABINSKI __ LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC
                         CITY OF MUSKEGON
            CITY OF MUSKEGON HOUSING BOARD OF APPEALS


                       ORDER TO REPAIR OR DEMOLISH




Date of Order:       September 10, 2001

Address of the property:    1253 Calvin

Description of the structure:      Pomona Park Addition Lots 13 & 14 Blk 8

To:    Elizabeth Gubocki, 12689 Patricia Ave. Grant. Ml 49327
       (Name & Address of Owner)

       None
       (Names & Addresses of Other Interested Parties)


                           OPPORTUNITY TO REPAIR



The Housing Board of Appeals of the City of Muskegon has found that the above
structures are dangerous or substandard buildings and a public nuisance.
However, it is determined that the buildings are repairable, provided that permits
are applied for and repairs performed in a timely fashion. Therefore, it is ordered
that the owner or interested parties shall apply for all permits required to
accomplish the repairs of the conditions found in the inspection report attached to
this order and complete all exterior repairs within 60 days. All interior repairs
shall be accomplished in the time limited by the permits issued relevant to the
said repairs, and physical repair must be commenced within the said 30 days of
obtaining those permits.




                                          2
                FAILURE TO COMPLY - DEMOLITION ORDER

               TO BE SUBMITTED TO THE CITY COMMISSION

In the event the owners or interested parties fail to apply for all permits required
to effectuate the said repairs or fail to commence physical repair within 60 days,
then the above order of the Housing Board of Appeals shall constitute an order to
demolish the said structures.

In such case, the Director of Inspections is ordered to place before the Muskegon
City Commission this order and the record in this case to seek concurrence by
the City Commission with the decision of this board for demolition, and further, to
give notice to the owner and interested parties of the date and time when this
matter shall be considered by the City Commission.

                                             CITY OF MUSKEGON
                                             HOUSING BOA D OF




                                         3
                            CITY OF i\ICSKEGON
         CITY OF l\lUSKEGON HOCSING (BUILDING) BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: August 22, 2001

Address of the Property:       I 253 Cah'in Muskegon, Michigan

Description of the Structure: Lots 13 & 14 Blk 8 of Pomona Park Addition & E \", Garden St.
                              Vacated

TO:    Elizabeth & Hedwig Gubocki, 12689 Patricia, Grant, Mf 49377
       [Name & Address of Owner]

       None
       Names & Addresses of Other Interested Parties]




        Please take notice that on Thursday, September 6, 2001 , the City of Muskegon
Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Mf at 5:30
o'clock p.111, and at the said hearing consider whether or not the following structure should be
detennined to be dangerous, substandard and a nuisance, and demolished, or repaired.

        The r½ason for this hearing is that you have not complied with the Notice and Order to
Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department
on 8/1 /0l.

       At the hearing on Thursday, September 6 , 2001 , at 5:30 o'clock p.m., at the
Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if
you desire, to show cause why the structure should not be allowed or orclerccl demolished.



                                      CIT '     'MUSKEGON INSPECTION DEPARTMENT,
                                       0
                                           1
                                               BEHhl.~0~~                            ~F APPEALS

                                       By_-J----------------~
                                        Rob t B. Grabinski, Fire Marshal/111spcctio11 Services




F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC
                                       CITY OF MUSKEGON

            NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

      DATE:         August 1, 2001

      Address of the Property:    1253 Calvin St.. Muskegon, Michigan

      Description of the Structure:     Lots 13 & 14 of Block 8 of Pomona Park Addition

      TO:     Elizabeth & Hedwig Gubocki, 48 N. North St. White Cloud. Ml 49349
              [Name & Address of Owner]



              The Building Inspection Department of the City of Muskegon has determined that
      the structures above described are dangerous, substandard, and constitute a nuisance
      in violation of the Dangerous Buildings Ordinance of the City.

             You are hereby notified that the City will proceed to demolish or cause the
      demolition and removal of the said structure unless you accomplish the actions
      indicated below within the time limits indicated (only one to be checked):

              1.    X      Obtain the issuance of all permits required to accomplish the repair
                           of the structure defects listed in the attached schedule within
                           30 days of this notice. All repairs shall be accomplished within the
                           times set forth in the permits. All work must be physically
                           commenced within 30 days of the date of this notice.

              2. - - -    Obtain the issuance of the appropriate permit for the demolition of
                          structures within 30 days, and accomplish the demolition thereof
                          within 60 days of this notice.

        The conditions which cause the said structures to be dangerous, substandard and a nuisance
are listed in the attached schedule.




      F:\Inspections\Grabinski_Lorraine\Word\STANDARD FORMS\Inspections Department Notice
      and Order.doc

                                             Page 1 of3
                                 FAILURE TO COMPLY

       After 30 days from mailing this notice, if you have not complied with this notice, a hearing will
be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing
this notice and order and instituting City action to remove the structure. You will receive notice of that
hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and
have counsel of your choice present, if you desire. You will have the opportunity to show cause why
the structure shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

      The following conditions are present at the structure at 1253 Calvin St. Muskegon, Michigan,.
and cause said structure to be a dangerous or substandard building and a public nuisance.

       Please see the attached inspection report

                                                 CITY OF MUSKEGON INSPECTION DEPARTMENT



                                                      ert B. Grabinski, Fire Marshal/Inspections
                                                    CITY OF MUSKEGON

                           DANGEROUS BUILDING INSPECTION REPORT

                                                        1253 Calvin
                                                  (INTERIOR INSPECTION)
                                                       August 21, 2001


  Inspection noted:

   I.       Additions on home have insufficient structural ceiling and rafter members to
            safely can-y design loads. Need to 2000 incorporate members to Michigan
            Residential Code.

  2.        Service to be replaced. All wiring must comply with 1999 Michigan Electrical
            Code.




  BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
  DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
  DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
  4-23 OF THE MUSKEGON CITY CODE.



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  HENRY/ ALTINOWSKI, BUILDING INSPECTOR




   F:\lnspections\Grabinski_Lorrainc\Word\DANGEROUS 13UILDING INSPECTION
   REPORTS\STANDARD FORMS\D13 INSPECTION REPORT FORM-INTERIOR.doc
                                CITY OF MUSKEGON

                 DANGEROUS BUILDING INSPECTION REPORT

                                     1253 Calvin St.

                                          7123/01


Inspection noted:

I.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any permits or certificates of occupancy will be
       issued.

2.     Three permits in window.

3.     Work has not been completed on permits and no inspections have been made.

4.     Home is boarded up.

5.     Missing siding, exposed sheathing - rotting, sheathing in contact with ground.   o/1~ /.>c.c   i   f~'"'
6.     Chimney deteriorating, in need of repair. Mechanical certification to verify
       safety.
                                                                                      '0~ Lee I
                                                                                           /
                                                                                                          tH~

7.     Fascia and soffit in need ofrepair.

8.     Large drop in roofrafters.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.




F: llnspections\Grabinski_ Lorraine\ W ord\DANGEROUS BUILDING INSPECTION
REPORTSISTANDARD FORMSIDB INSPECTION REPORT FORM.doc
I IBA Minutes 8/0 I




Case #01-037 - 1253 Calvin - Elizabeth Gubocki, 12689 Patricia, Grant, Ml

Ms. Gubocki was present to represent this case. Mr. Grabinski gave a history on
this case. This case came to Inspection Department by the Neighborhood
Association. Mr. Grabinski attended a Neighborhood meeting and this address
was one of their issues. He stated the problem with this property is that permits
are pulled and the work starts, then stops. This has happened for the last three
years. An interior inspection was conducted 9/6/01. The interior repairs needed
are small in number, but significant expense there. The Inspection Department is
asking for a realistic time line to get the repairs done. The home has been used
only for storage in the past and this is also an issue. The owner stated that this
property belongs to her mother. Her mother is currently in a nursing home, but
she plans to bring her back home. She has worked on the home previous to her
mother becoming ill. That is when the work stopped. The owner has estimates
for the repairs. Mr. Kroes inquired about having the money to do the interior
repairs. Ms. Gubocki stated that she does have the money. She also stated that
she didn't know there was a time frame on permits. She stated that she can
complete the exterior repairs within 60 days.

Staff Recommendation: Table this case for 60 days to allow Ms. Gubocki to
contact Henry Faltinowski to develop a time table for completion of interior
repairs and also within the 60 days the exterior repairs be completed. If progress
is not made it will be brought back to the HBA.

Motion: Motion made by Randy Mackie, seconded by John Warner to support
staff's recommendation.

A roll cal vote was taken:

AYES:                 NAYES:                EXCUSED:          ABSENT:
Greg Borgman                                                  Clinton Todd
Randy Mackie                                                  Fred Nielsen
John Warner
Jerry Bever
Nick Kroes

The motion carried.

Case      01-022 - 869 Emerald - Collie Dotson 869 Emerald, M        kegotr,MI

No one was in a        ance to repre          case. Mr. Grabinski gave a history of
the case. It is a vacan            roperty. It came to the Inspection Department
by a policeu;e430n. It was wide ope        had broken windows. Once inside the




                                      5   or 11
HBA Minutes 12/01




Case #01-037 -1253 Calvin - Elizabeth Gubocki 12689 Patricia, Grant, Ml

Ms. Gubocki was present to represent this case. She had some pictures to show
her progress and stated that repairs are going well. Mr. Grabinski stated this
case is back before the board because when she was last brought before the
board she was given 60 days to complete the exterior repairs and the 60 days is
up. She has made a lot of progress, but not everything was completed. Mr.
Grabinski asked if she had a timeline as far as the roof is concerned. Ms.
Gubocki asked for a 60 day extension. The property is vacant at this time.

Staff Recommendation: Give until June 1, 2002 to complete the remaining
exterior repairs as long as Ms. Gubocki continues to have contact with our office
and continue with progress.

Motion made by Randy Mackie and seconded by Nick Kroes to accept staff
recommendation.

A roll cal vote was taken:

AYES:                 NAYES:               EXCUSED:           ABSENT:
Greg Borgman
Randy Mackie
John Warner
Jerry Bever
Fred Nielsen
Nick Kroes

The motion carried.


Case #00-57 - 2082 Estes - David VanKammen, 2086 Estes, Muske e ~

Mr. Va ammen was not present, but he did submit a letter     e Inspection
Office with · lans and a request of an extension un · ay 1, 2002 to complete.

Staff Recommendation:                           quest for an extension until May 1,
2002.

Motion made by Jerry Bever a     seconded by          Warner to accept staff
recommendation.

A roll cal vote was    en:

AYES:                 NAYES:              EXCUSED:            ABSENT:
Greg  rgman



                                      3   ors
                             HOUSING BOARD OF APPEALS
                               MEETING MINUTES
                                      6/6/02
                                    5:30 P.M.

ATTENDANCE            Greg Borgman, John Warner, Randy Mackie, Jonathan
                      Rolewicz, and Nick Kroes

ABSENT:

EXCUSED:              Jerry Bever and Clara Shepherd

STAFF:                Robert Grabinski, Henry Faltinowski, Don LaBrenz, and
                      Lorraine Grabinski

GUESTS:             David VanKammen, Bill Gill, Mary & Willie Fields, Scott
                    Livingston, Attorney Bowen, realtors & representative of
                    buyer for 1624 Wood St.
Meeting minutes: A motion was made by John Warner and seconded by Randy
Mackie to approve the May minutes. The motion passed.
REVIEW CASES:

#01-037 -1253 Calvin - Elizabeth Gubocki, 12689 Patricia Ave. Grant, Ml

Ms. Gubocki was not present, but she called the Inspection office and asked for
120-day extension to finish the roof. She could not be at the meeting because of
her work schedule. She is getting married in August and will then sell her house
in Grant and have the money to finish the house on Calvin. She has made good
progress so far.

Staff Recommendation:        Table this case for 120 days to allow owner to finish
roof repairs.

A motion was made by Nick Kroes and seconded by Randy Mackie to accept
staff recommendation.

A roll cal vote was taken:

AYES                  NAYES:              EXCUSED:             ABSENT:

Greg Borgman
Randy Mackie                              Jerry Bever
John Warner                               Clara Shepherd
Jon Rolewicz
Nick Kroes

The motion carried.
    #01-037 -1253 Calvin - Elizabeth Klein, 1940 Woodward, Muskegon, Ml                   / O
    49442

    Ms. Klein was present to represent this case. She gave a history of the work that
    has been done and stated that she spoke with CNS about getting help with the
    roof. Since the roof is not presently leaking, she cannot get help. She checked
    on getting a loan, but was denied.

    Mr. Grabinski stated that previously there was significant progress, but she has
    not called for any inspections recently or made contact with the Inspection office.
    He also stated there is a significant amount of work left to be done yet and had
    hoped for more to be completed at this time. The need to be sure of financial
    backing before taking on these projects was stressed. Ms. Klein was told that
    she and her mother need to re-examine the situation because of the financial
    drain.

    Clara Shepherd asked Ms. Klein where she now lives and if her mother has
    access to any funds to finish her house repairs. Ms. Klein stated all of her
    mother's funds pay for her nursing care. Ms. Shepherd also stated that she feels
    the HBA gave her ample time to complete the repairs. She was also asked why
    she doesn't move into the house. She stated that she was recently married and
    her husband has children and a bigger house to accommodate the family.

   There was also discussion on exactly what repairs are left to be completed. The
   trusses on the addition were not done correctly and have to be corrected. Randy
   Mackie asked if removing the addition was a possibility. Nick Kroes also asked
   about selling it.

   Staff Recommendation: Declare this building substandard, a public nuisance,
   and dangerous building, and forward to city commission for their concurrence.

   A motion was made by Clara Shepherd and seconded by Randy Mackie to
   accept staff recommendation.

   A roll cal vote was taken:

   AYES:                 NAYES:              EXCUSED:             ABSENT:

   Greg Borgman
   Randy Mackie
   Nick Kroes
   Jerry Bever
   Jon Rolewicz
   Clara Shepherd
   John Warner

   The motion carried.

   #02-0-W  0 Hamilton (Garage) - Scott Livingston
   Ml 49445

   Mr. Livingston was prese         repre     this case. Mr. Grabinski stated that
   Henry Faltinows ·      1 ding inspector) did a ·    ection on this garage on
   9/27/02 ~~·"""'e reported the repairs are about 80°0;--,-,:,=lete. Mr. Livingston
-~faTilO his contractor was in an accident and he wants to delay putting the siding
   on the back of the garage. He has the other rep_airs completed and does not
DATE:                 July 15, 2003

TO:                   Honorable Mayor and Commissioners

FROM:                 Robert B. Grabinski, Director of Inspection Services

RE:                   Concurrence with the Housing Board of Appeals Notice and Order
                      to Demolish. Dangerous Building Case#: 03-15 Address: 472
                      Monroe.


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
472 Monroe is unsafe, substandard, a public nuisance and that it be demolished
within thirty (30) days. 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: #03-15, 472 Monroe, Muskegon, Ml

Location and ownership: This structure is located on Monroe between Seventh
and Eighth Streets and is owned by First Concepts Development (Ed Brandel).

Staff Correspondence: A dangerous building inspection was conducted on
2/24/03 because of the length of time the structure was vacant and boarded.
There have been numerous police reports and the city has had the structure
boarded. A notice and order to repair or remove was issued 3/4/03. On 5/1/03
the HBA declared the structure substandard and dangerous. The owner was not
present at the meeting. Ed Brandel called the Inspection office after the meeting
and scheduled an interior inspection for 5/22/03. The inspection was conducted
and a copy of the report was faxed to him on 5/29/03. There has been no further
contact.

Owner Contact:                   There has been no contact since the interior inspection.

Financial Impact:                 CDBG

Budget action required:                      None

State Equalized value:                       $23,400

Estimated cost to repair:                    $8,000

Staff Recommendation: To concur with the Housing Board of Appeals decision to
demolish.

City Commission Recommendation: The commission will consider this item at it's
meeting Tuesday, July 22, 2003.


0:\l nspeclions\Grnbinsk i_I ,nrrnini..:\ W ord\C:C MEET!NGS\Agenda 4 72 iV!onroe.d(K   page   1   of   I
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    --------
                             CITY OF MUSKEGON
                    DANGEROUS BUILDING INSPECTION REPORT
                                  472 Monroe
                                 (INTERIOR INSPECTION)
                                         5/22/03




Inspection noted:

I.     Broken front porch light.
2.     Open wire by back door.
3.     Loose light in basement.
4.     Open wire in kitchen.
5.     Electric service needs to be moved away from sewer lines and sump pit.
6.     Hard wired w/battery back up smoke detectors are required.
7.     GFI's in kitchen and bathrooms required.
8.     Burned receptacle in living room.
9.     No exterior light boxes.
I 0.   Guardrail is required on basement stairs.
11.    Floor coverings required throughout.
12.    Repair or replace broken windows.
13.    Repair damaged walls and ceilings throughout.
14.    Repair bathrooms.
15.    Smoke detectors required - hard wired with battery back up.

All work requires a building permit. This permit must be obtained prior to work beginning.
Please contact Inspection Services with any questions: 231-724-6715.

BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS
AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE
MUSKEGON CITY CODE.




HENRY FA!)TINOWSKI. BUILDING IN' PECTOR                          DATE




O:\lnspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\STANDA RD
FORMS\4 72 Monroe.doc
                          CITY OF MUSKEGON
         CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS



Date:          May 2, 2003

        To:    First Concepts Development, 880 1st, Muskegon, Ml 49441
               Owners Name & Address

               Primestone Development, 105 W. Exchange, Spring Lake, Ml 49456
               Names & Addresses of Other Interested Parties



                           ORDER TO DEMOLISH STRUCTURE




       The Housing Board of Appeals, having received evidence at a scheduled and
noticed meeting held on Thursday, May 1, 2003 does hereby order that the following
structure(s) located at 472 Monroe; Muskegon, Michigan, shall be demolished for the
reason that the said structure or structures are found, based upon the evidence before
the Board of Appeals, to be dangerous, substandard and a public nuisance.

The owners or persons interested shall apply for the required permits to demolish the
structure(s) within 30 days from the final determination to concur and demolish, if it is
made by the City Commission. Demolition shall be accomplished no later than 60 days
after a concurrence by the City Commission.

       The director of inspections is ordered to place before the Muskegon City
Commission this order and the record in this case to seek concurrence by the City
Commission with the decision of this board, and further to give notice to the owner and
interested parties of the dale and time when this matter shall be considered by the City
Commission. This order is not final until concurred with by the City Commission.




O:\INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH.DOC
                    NOTICE TO OWNER AND INTERESTED PARTIES

Please take notice that this decision of the Housing Board of Appeals will be presented
to the City Commission of the City of Muskegon on the date and at a time to be noticed
to you by the Director of Inspections. You are hereby notified that you will have an
opportunity to appear before the said City Commission at that time and to present any
and all evidence or matters relevant to the issue of demolition or repair of the said
structures. This order of the Housing Board of Appeals is not final, but will become final
if and when the City Commission has considered the record and this order, and has
concurred.

         The City Commission may concur with this order, or disapprove or modify the
order.




                                            Robert B. Grabinski, Director of Inspections




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANOARD FORMS\ORDER TO DEMOLISH.DOC
         ' "
      ,.ciaenc . Repor t            MUSKEGON POLICE DEPARTMENT              2003 - 004863 - I
     Incident No             Date & Time Rept      Offense: 98007
     2003-004863-I     I    03/09/2003    15:18    SUSPICIOUS SITUATIONS
     Occurred From:            Occurred Until:     Incident Location
     03/09/2003 15:18        I 03/09/2003 15:18    472 MONROE AV
     Current Disp I Disposea To                    Municipality         District
     CLOSED               CLOSED     LORD          MUSKEGON             111
     Disposition Date            Juveniles Only?   TTY Sent?    Cance led?    TTY numoer
     03/09/2003                        NO             NO              I     I
     Photos?        Consent?       Affidavit?      Optional Date/Time
        NO       I       NO            NO            I I       00,00
     Officer Assigned                              Investigating Officer
     10646 NELSON, ERIC ANTHONY
     N       Copy to Inspections for board up repair. Lt. Lora
     0
     T        =-=-=-=-=-=-=-       [03/09/2003]   - -   - [15:18]    ---------=---=
     E       WIDOWS BUSTED
     s
             OFFENSE: BURGR      B&E of Residence
             =CAD TIMES: 15:18;15:18;15:18;15:23;
             Name/Annress/Phone                           I Description
     p       NO PERSONS
              Description/Name/Comments   I Make/Model/Stat I Serial No./ Qtv/Va1ue
             NO PROPERTY
             Status/Plate Type/VIN      I Rea1Evia1Valuel Description
             NO VEHICLES
               Cateqory                      I  Description
             NO M.O. INFORMATION




I        I




    rpt_revt.c 1.41                 Date Printe         03 09 2003                    Page   1
 Continued                 MUSKEGON POLICE DEPARTMENT             2003-004863-I
  Inci ent No       Date & Time Rept      Offense: 98007
  2003-004863-I    03/09/2003   15:18     SUSPICIOUS SITUATIONS
I N TAKEN FROM WORDPERFECT DOCUMENT 2003004863.001
  A 109 March 2003
  R 1518 Hrs.
  R
  A 472 Monroe
 T
 I        While on routine patrol on the 400 block of Monroe I noticed
 V   a boarded up house, 472 Monroe, with some busted windows.  I
 E   notified CPD of my findings and investigated further.
           Upon approaching the house I noted fresh footprints in the
      snow leading to the front door and also going to the rear of the
      house. There was a posting on the front door from City Inspections
     !concerning the condition of the house. The first floor windows on
      the front of the house were boarded up, but the second floor
      windows were not, and were busted out. As I walked around the
      house, the windows on both sides were boarded, but a basement
      window on the west side was not and was busted.  I looked in
      through the basement window and could see that the snow on the
      floor was not disturbed.  I continued to the back of the house and
      noted that some of the windows were boarded and others not. There
      was a window on the first floor that was busted out, and upon
      looking in through the window, noted that the snow on the floor was
      not disturbed. The footprints in the snow lead from Monroe, to the
      house, back to Monroe again.
          No other action taken.
          Request a copy be sent to Inspections.
     CLEAR
     E NELSON #18




rpt_revt.c 1.41           Date Printe    03 09 2003                      Page   2
                              CITY OF MUSKEGON
                 CITY OF MUSKEGON HOUSING BOARD OF APPEALS

                                    NOTICE OF HEARING

Date: April 18, 2003

Address of the Property:      472 Monroe


TO:    First Concepts Development LLC, 880 1•\ Muskegon, Ml 49441
       [Name & Address of Owner]

       None
       [Names & Addresses of Other Interested Parties]




Please take notice that on Thursday, May 1, 2003 , the City of Muskegon Housing
Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock
p.m., and at the said hearing consider whether or not the following structure should be
determined to be dangerous, substandard and a nuisance, and demolished, or
repaired.

The reason for this hearing is that you have not complied with the Notice and Order to
repair or demolish issued 3/4/03.

At the hearing on Thursday, May 1. 2003 , at 5:30 o'clock p.m., at the Muskegon City
Hall, 933 Terrace Street, Muskegon, Michigan. you may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire, to show cause why the structure should not be allowed or
ordered demolished.


                              CITY OF MUSKEGON INSPECTION DEPARTMENT,


                              By
                                    1·JYG0'-
                              Oi<JBEHALf 0~1 Tl,IE HOUSING BOf.RD OF APPEALS
                                        _I ... .. 'c._ II-
                                                       I..Q ,,' . .
                                                                    'I. ,-, G
                                                                    ._J.:'"
                              Robert"B. Grabinski, Director of Inspections
                                    '




O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC
                                                     CITY OF MUSKEGON
                                                     Inspections Services
                                                     Department




Memo
To:          PIONEER RESTORATION
             ATTN: DEB

From:        Lorraine

CC:
Date:        March 12, 2003

Re:          REQUEST FOR BOARD UP



PLEASE BOARD THE FOLLOWING PROPERTIES:

ADDRESS                 LOCATION TO BOARD/SECURE

472 Monroe              Any broken windows and unsecured doors



IF YOU HAVE ANY QUESTIONS PLEASE DON'T HESITATE TO CALL ME AT
(231) 724-6757.

THANKS!




• Page 1
                                  CITY OF MUSKEGON

      NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE

DATE:          March 4, 2003

Address of the Property:       472 MONROE



TO:     First Concepts Development LLC, 880 1s t , Muskegon, Ml 49441
        [Name & Address of Owner]

        None
        (Interested Parties)




        The Building Inspection Department of the City of Muskegon has determined that
the structures above described are dangerous, substandard, and constitute a nuisance
in violation of the Dangerous Buildings Ordinance of the City.

       You are hereby notified that the City will proceed to demolish or cause the
demolition and removal of the said structure unless you accomplish the actions
indicated below within the time limits indicated (only one to be checked):

        1.   -~x_     Obtain the issuance of all permits required to accomplish the repair
                      of the structure defects listed in the attached schedule within
                      30 days of this notice. All repairs shall be accomplished within the
                      times set forth in the permits. All work must be physically
                      commenced within 30 days of the date of this notice.

        2. - - -     Obtain the issuance of the appropriate permit for the demolition of
                     structures within 30 days, and accomplish the demolition thereof
                     within 60 days of this notice.



The conditions which cause the said structures to be dangerous, substandard and a
nuisance are listed in the attached schedule.
                                 FAILURE TO COMPLY

After 30 days from mailing this notice, if you have not complied with this notice, a
hearing will be scheduled before the City of Muskegon Housing Board of Appeals for
the purpose of enforcing this notice and order and instituting City action to remove the
structure. You will receive notice of that hearing. You may appear and present any
relevant evidence to the Housing Board of Appeals and have counsel of your choice
present, if you desire. You will have the opportunity to show cause why the structure
shall not be ordered demolished.


                             SCHEDULE OF CONDITIONS

The following conditions are present at the structure at 472 Monroe, Muskegon,
Michigan, and cause said structure to be a dangerous or substandard building and a
public nuisance.

       Please see the attached inspection report


                    CITY OF MU~N INSPECTION DEPARTMENT

                                   , ~:c+- ~ n_J;,~1•
                                  Rob1rt B. Grabinski, Director of Inspections
                                    CITY OF MUSKEGON

                DANGEROUS BUILDING INSPECTION REPORT

                                      472 Monroe Ave.

                                          2/24/03


Inspection noted:

I.     An interior inspection is required by all trade inspectors (plumbing, mechanical,
       electrical and building) before any permits or certificates of occupancy will be
       issued.

2.     Home boarded.

3.     Broken out windows basement, main level, upper levels.

4.     Siding being stripped from home.

5.     Porches and deck must have handrails and guardrails to code.




BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.



                        1')(...,·
            LTINOWSKI, BUILD! G INSPECTOR                          DATE




O:\Inspections\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\472
Monroe.doc
Affirmative Action
231/724--6~·03
 :.xnH-1214

Assessor
231/724-6708
FAX/726-5181

Cemetery
231/724-6783
FAxn26-5617
                      January 14, 2002
Civil Service
231/724-6716
FAX/724-4-405                                                West ~Uchlgan's Shoreline aty
Clerk
2Jln24-6705
FAX/724-4178          First Concepts Development LLC
                      880 I st St. Suite IO I
Comm. & Neigh,
   Services           Muskegon, MI 49441
231/724-6717
FAX/726-2501
                      Dear Property Owner:
Engineering
23tn24-6707
FAX/727,-6904         Subject:         Board-up: 472 Monroe Ave, Muskegon MI
Finance
231/724-6713
FAX/724--6768
                      The structure owned by you at the subject address has recently been found to be
                      dangerous because it is unsecured. Unsecured structures are not only an invitation to
Fire Dept.
231/724--6792         children, but also to vagrants, vandals, and others who would use them for illegal
FAX/724--6985         purposes.
IncomeTaI
231/724--6770         To combat this, City building regulations require that windows, doors, or other openings
FAX/724-6768
                      on vacant structures be kept intact and securely locked or neatly boarded up in order to
Info. Systems
231/724-6744
                      prevent entrance by unauthorized persons. Please board up/secure all doors and first
FAX/722-4301          floor windows of all structures. Boarding must be done with exterior grade plywood
Leisure Senice        at least½ inch thick which is painted to blend with the colors of the building so as to
231/724-6704          be as inconspicnous as possible.
FAX/724-1196

Manager', Office
231/724-6724
                      Please note, however, that under City ordinance a property may not remain boarded up
FAX1722-1214          for longer than 180 consecutive days. As a dangerous building, your structure(s) must be
Mayor's Office
                      secured within ten (10) days of the date of this notice. If the building is not secured
231/724-6701          within this time frame, the City of Muskegon will take action to have it secured and the
FAX/722-1214
                      cost assessed against the property.
Inspection Services   Any unpaid invoices could be sent to a collection agency and may affect your credit
231/724-6715
FAX/726-2501          rating if not paid.
Plannlng/Zonlng
231/724-6702          If you have any questions concerning this
FAX/724-6790
                      724-6715.
Pollce Dept,
231/724-6750
FAX/722-5140
                                                                                                                                                                   I         -e
Public Works
231/724-4100
FAX/722-4188                                                                                      postage            $
                         bert B. Grabinski                                ru                                                                                                       \\
Treasurer             Fire Marshal/Inspections Dept.                      a-                  Certified FeB
                                                                                                                                                                                            postmark

231/724-6720                                                              Jl                                                                                                            \     Here
FAX/724-6768
                                                                          a-            fWtum Receipt ~ec:           __________ _
                                                                           rT1      tf.nJorsernent Reqrnred)

Water Billing Dept.                                                        r=I
                                                                           C1
                                                                                     nv,tricted Delivery f 0
                                                                                    (Er;liorsemenl Require
                                                                                                                J)
231/724-6718
FAX/724-6768                                                               CJ         Tulal Postage & Fees               $ -------                                                           d by mal/Bl)
                                                                           Cl
                                                                               ru
                                                                                            ~cc=--=;;;;----=---=--=nrc·,~ (Tope comf1\_~1 Qr ~JJ.
                                                                                    fFfecii)ient's . Name (Please pr~ :J"\ S ____ \.~-~:Xf?.'1.';\l .............. -
Water Filtration
231/724-4106                                                                   1.0 , ..-- •     ~                 (.Q.0s-.. >-.~······ ·                               .                             \
FAX/755-5290


                                 City of I\'luskegon, 933 Terrace Street, P.
                                                                               Cl
                                                                                g
                                                                                  s~•~o.
                                                                               Cl \· ""..   ,.c. N··:·;;:;;o Box NO.
                                                                                                     0
                                                                                                                                                    <;._.._, .Xii.
                                                                                                         : . \ . ~ · · · · · · · · · · · · · · · · ' · · · · · · : : ' , ' .••

                                                                                     rci1Y, 5;;i~~-Z,P+_ 4                                              L\. q \.{ . _
                                                                                                                                                                                            lD
                                                                                                                                                                                 ~-·i·············
                                                                                                                                                                                                         ..............


                                                                                 r- 1tl~ \.,       :1,          o•                 1,,
Inci'dent Report                MU s KEGON POLICE DEPARTMENT               2002-000 6 27-I
 Incident No            Date & Time Rept          Ottense: 99008
 2002-000627-I I 01/09/2002            11:05      GENERAL ASSISTANCE
 Occurred From:           Occurred Unti.L:        Incident Location
 01/09/2002 11:05 I 01/09/2002 11:05              472 MONROE
 Current Disp I Disposed To                       Municipa.Lity        District
 CLOSED             CLOSED       FINE             MUSKEGON             111
 Disposition Date
 01/14/2002
                            JuveniTes On.Ly?
                                    NO
                                                  TTY Sent? I Cance led?
                                                     NO
                                                                           I TTY number

 Photos? I Consent?           Affidavit?          Optional Date/Time
   NO              NO               NO              I I         ,
 Officer Assigned                                 Investigating Officer
 10482 BROWERS, KRISTI IRENE                     10793 WOODARD, CHRISTOPHER IAN
 N    Copy    to Patrol  folder  and   Community  Officer for follow up.
 0    Sgt    Flynn
 T
 E
 s    Informational
      Name/Address/Phone                                     Descrintion
 p    BROWN, ALBERTA                                         Born 01/06/1938      FEMALE
 E    464 MONROE                                             Hgt.  O' 0"           WHITE
 R    MUSKEGON                   MI   49442                  Wgt.   0
 s     ( 2 31) 726-5497                                      Hair          Eves
 0    REPORT/BY I 99008                     GENERAL ASSISTANCE
 N    01/09/2002
 s FIRST CONCEPT DEVELOPMENT                                 Born  7 I          BUSINESS
      880 1ST                                                Hgt.  O' 0"         UNKNOWN
      MUSKEGON                   MI 49440                    Wgt.   0
                                                             Hair          Eves
      OWNER           99008                 GENERAL ASSISTANCE
      01/09/2002 I
        Description/Name/Comments         I Make/Model/Stat I Serial No./Qtv/Value
      NO PROPERTY
      Status/Plate Tvoe/VIN             I Re4/Evid/Valuel Descrintion
      NO VEHICLES
          Cateqorv                           I   Description
      NO M.O.    INFORMATION




rpt_revt.c 1.41              Date Printed: 01/22/2002                           Page   1
Continued                 MUSKEGON POLICE DEPARTMENT             2002-000627-I
 Incident No   I   Date & Time Rept   I Otfense: 99008
 2002-000627-I    01/09/2002   11:05     GENERAL ASSISTANCE
 N   TAKEN FROM WORDPERFECT DOCUMENT 2002000627.001
 A 1-9-02
R
R         ALBERTA BROWN, 726-5497, called and stated that she lives next
A    door to 472 Monroe and wants to have officers check it. Alberta
 T   stated that a very full dumpster is in the driveway and the windows
 I   and doors are boarded up. Alberta stated that the front door is
V    now exposed and the board is not secure. Also stated was children
E    have been playin$ inside 472 and she doesn't believe it is safe.
     Alberta also advised that adults have been going into the home
     during night hours.
          Alberta called the dumpster company and was advised that First
     Concept Development ordered the dumpster.
          I made a phone call to the City Assessor's Office who stated
     the property is owned by First Concept Development. There is no
     phone number for that company.
          Request for patrol checks please.
                                              K. Browers




rpt_revt.c 1.41           Date Printed: 01/22/2002                       Page   2
Continued                 MUSKEGON POLICE DEPARTMENT             2002-000627-I
 Incident No      IDate & Time Rept      I
                                         Offense: 99008
 2002-000627-I    01/09/2002   11:05     GENERAL ASSISTANCE
 S   TAKEN FROM WORDPERFECT DOCUMENT 2002000627.002
 U 1-11-02
 p
 p   Officer Stafford and I went to 472 Monroe today at about 1018am and
 L   found the east side door standing open. Officers searched the
 E   interior of the house finding nothing.  I was unable to secure the
 M   door due to the way it had been kicked in.  I will drop a copy of
 E   this report off to inspections. Woodard}25
 N
 T
     Reviewed   01-14-02   SGT T. FINE




rpt_revt.c 1.41            Date Printea: 01/22/2002                  Page   3
Continued                 MUSKEGON POLICE DEPARTMENT             2002-000627-I
 Incident No      IDate & Time Rept    I Offense: 99008
 2002-000627-I    01/09/2002   11:05     GENERAL ASSISTANCE
 S   TAKEN FROM WORDPERFECT DOCUMENT 2002000627.003
 U 1-22-02
 p
 p   I received a call from Alberta Brown this morning stating that the
 L   dumpster she called about before is still sitting in the driveway
 E   of 472 Monroe as it has been for about four months. Alberta said
M    the dumpster has been full for quite some time and she would like
 E   some action taken to get it removed. Alberta said that the house
 N   continue to have the door kicked in. Woodard}25
 T




rpt_revt.c 1.41          Date Printea: 01/22/2002                     Page   4
!IBA Minutes 5/1/03




  motion was made by Clara Shepherd and seconded by Joh     arner to accept
sta ecommendation and add to the motion that the ho    e inspected.

A roll call v   was taken:

AYES:                                   EXCUSED:            ABSENT:

Greg Borgman
Randy Mackie
Jon Rolewicz
John Warner
Nick Kroes
Jerry Be r
Clar   hepherd

 he motion carried.

Case #03-15 - 472 Monroe - First Concept Development, 880 15 \ Muskegon

No one was present to represent this structure. It has been vacant and is
deteriorating. There are broken windows on the second floor and the city has
had the first floor boarded.

Staff Recommendation: Declare this building substandard, a public nuisance,
and dangerous building and forward to city commission for their concurrence.

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
Nick Kroes
Randy Mackie
Clara Shepherd
Jon Rolewicz
John Warner
Jerry Bever

The motion carried.

~Southern                         Andrew lolmso-n, Fr urtport, Ml




                                     5 of 8

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