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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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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'.
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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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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..
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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..
'
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'
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
_____ ...,_
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529 I 549 561
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560 568 580 590
_!;§()__ _569 _ _ _,57.Q_ _§El()__ 61
I! ,.;
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~---···--
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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(; 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
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~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#
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/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
___,...._-·=•...............
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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
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,.
[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
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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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