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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 ---- I CD I 00 __l 00 352 358 364 372 382 390 - - - - - - - - - - - - - - - - --- ;3 361 371 381 ~~3~ T\ 423_ q~ 0 0 CD ~ --------- r - __ __J - - - - - - - - 360 0 380 386 420 430 0 4, - -- -------- -- ---------- lL--.--- 0 -~---~ ---- T - ,_ --- - - - -- - - - - ---- - - 376 ~ - - - - 1 _ -- 410 LI?? SM) m;cuoo19.JPG OSCOUO?.O.JPG INOOi) osr.oonn,11•(; ~/i5(0J OSC00021.JPG For The Inspection Department File#: 423327 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER: Janice Carter PROPERTY: 940Wood PARCEL NO: 24-205-055-0010-00 DESCRIPTION: W 97 feet of Lot 10 Blk 55 FROM RECORDS OF TRANSNATION TITLE LIBER: 1930 PAGE: 283 DATE OF DEED: September 12, GRANTOR NAME & ADDRESS: Arizona Barnes Estate, 8944 Nottingham Dr., Ypsilanti, MI 48198 GRANTEE NAME & ADDRESS: Janice Carter, 1545 Engman, Muskegon, MI 49445 LIENS OR MORTGAGES: 3113/47, 3282/295, 3417/230 TODAY'S DATE: November 27, 2002 EFFECTIVE DATE: , October 14, 2002 at 8:00 AM Abstracted by: ·l£ IJ11l /( /4(i1 1;uJ lc/2c 1 TRANSNATION TITLE INSURANCE COMPANY 1 The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event exceed the amount paid for said infonnation, should evidence of title and/or encumbrances be desired, application for title insurance should be placed with Transnation Title Insurance Company. C'. d. p.L.,u, ,. 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; " ,, I! ii !, I'" :! II ,,11 'ii 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 lW , NI 9.9 C dJ, 50 ( i--J ,J i 2. 75 C 723 , 16. 75 5 ii NOTI!. ~~~ .}~~.!:: mi:3 fti ~G;!f[.:'::~~~i"r~:u:~.·:tJ~~·111nb.",{;~\~),'!l,(i! 1tf~<l•r-r. Wko<1 a,o f,.dM<!IW !1 !:r•.t ~•~1, ""- Ille obe,; \i~ .. fi., sl~a1un,1.. ----= -~=-- . --·-·-·=-·· NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: July 11, 2003 940 Wood (Address of Property) TO: All owners and interested parties: Janice Carter, 940 Wood, Muskegon, Ml 49442 Owner Lakeshore Surety, P.O. Box 5053, Muskegon, Ml 49445 (Other interested parties) Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 On May 1, 2003 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. F0~~1!1:t.LS By ')0- Robert~- Grabinski, Director of Inspections OIINSPECTIONSIGRABINSKI LORRAINEIWORDICC MEETINGS\STANDARD FORMSINOTICE OF CITY COMMISSION HEARING.DOC - CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: May 2, 2003 To: Janice Carter, 940 Wood, Muskegon, Ml 49442 Owners Name & Address Lakeshore Surety, P.O. Box 5053, Muskegon, Ml 49445 Names & Addresses of Other Interested Parties Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, May 1, 2003 does hereby order that the following structure(s) located at 940 Wood, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission and the Director of Inspections will delay bringing this case to the City Commission until the first meeting in August, 2003 to allow you time to complete the repairs. O:IINSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH W-DELAY.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FOR THE HOUSING BOARD OF APPEALS: ~I R o b ~ ~D~~:tiocs O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH W-DELAY.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: April 18, 2003 Address of the Property: 940 Wood TO: Janice Carter, 940 Wood St, Muskegon, Ml 49442 [Name & Address of Owner] Lakeshore Surety P.O. Box 5053, Muskegon, Ml 49445 [Names & Addresses of Other Interested Parties] Muskegon County Treasurer, P.O. Box 177, Muskegon, Ml 49443 Please take notice that on Thursday, May 1, 2003 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review your case. At the hearing on Thursday, May 1, 2003 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. Cl~USKEGON INSPECTIOl'L_DEPARTMENT, : : B ~ t : O t v J ~ ~ OF APPEALS Robert, B. Grabinski, Director of Inspections n·\INSPF=(;Tl()NS\r,RARINSKI I nRRAINF\\NORn\HRA MFFTINC::S\STANnARn FORMS\NOTI\.F OF HRA HF ARIN(., nor, CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 940 Wood Additional Items 4/15/03 Inspection noted: 1. Residence - Roof system is failing. 2. Residence - Part of roof is stripped. 3. Residence - Shingles partially installed and are incorrect. 4. Residence - Water damage to 1st floor with tiles falling. 5. Residence - Water damage to 2nd floor with significant ceiling failure. 6. Residence - rafters in valley are rotted. 7. Residence -Windows are broken. 8. Residence - Foundation for side porch is failing. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE DETERMINED THAT TI-IE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. Lf- / 7-03 NSPECTOR DATE 0:\1 nspections\Grabinski_ Lorraine\ Word\DA NGEROUS BUILDING INSPECTION REPORTS\940 Wood.doc CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS ORDER TO TABLE THIS CASE 210 DAYS Date of Order: December 6, 2002 Address of the property: 940 Wood (Garage) To: Janice Carter, 940 Wood St.. Muskegon. Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties CASE TABLED FOR 210 DAYS The Housing Board"of Appeals of the City of Muskegon has reviewed your case and ordered that it be tabled until July 2003. This will provide you with time to work with Community and Neighborhood Services to get help with the garage repairs. If you have any questions, please call the Inspection Department at 231-724-6715. CITY OF MUSKEGON HOUSING BOARD OF APPEALS ~/)x:}_?i~- By_ __,,__ _ _ _ _ _ _ _ _ __ Robe B.Grabinski, Director of Inspections 2 - CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: November 25, 2002 Address of the Property: 940 Wood (Garage) TO: Janice Carter, 940 Wood St., Muskegon. Ml 49442 [Name & Address of Owner] None [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, December 5 1 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace. Muskegon, Ml at 5:30 o"clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous. substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair issued 9/26/fl2. At the hearing on Thursday. December 5, 2002 • at 5:30 o"clock p.m., at the Muskegon City Hall, 933 Terrace Street. Muskegon. Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. c~zco'"~~~E~ IN PE TIO DEPARTMENT, ON B E ~ ( Z ' . i H SI GB D OF APPEALS By_-i------------------ Roberf B. Grabinski, Director of Inspections Permit Application Approval Page I of2 ii!RI~ Building Permit Application Street " ' f • ' / il-...,,..-...r-. c--:- UCqJ\\ivul' ,, V' -- "·"' ,..,. , Address: -- -- - ----- - -- ----------- Property 24-205--oss-OQ1 o~oo Number: Owners CAR.TEH JANICE Name: --------------------····· - Owners 940WOOD Address: MUSKEGON Ml 49442 Permit No: BD-02-9065 Requested Owner by: Contractor: N/A Architect: N/A Category: BUILDING Permit ROOFING Type: Type of R Building: Description: TEAR OFF AND REROOF FRONT PORTION OF DWELLING AND FRONT PORTION OF GARAGE AND DOOR Dates: App Date: 10/18/2002 Issue Date: 10/29/2002 Value: $600.00 I : Building Permit Fee Item I Quantity 23.51 This application has been approved CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: September 26, 2002 Address of the Property: 940 Wood {Garage), Muskegon, Michigan TO: Janice Carter, 940 Wood St, Muskegon, Ml 49442 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. ~X~_ _Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 940 Wood (Garage), Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report f ot1_~n:t~EPARTMENO Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 940 Wood 9/11/02 Inspection noted: I. Roof deteriorated. Repair or replace. 2. Garage roof deteriorated. Repair or replace. 3. Doors missing or need repair (garage). 4. Siding must be painted on garage. 5. Footing and foundation of garage must be inspected. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ~ - ,_)_ 5 ---0 ;r- LTINOWSKI, BUILDf.\lG INSP DATE 0:11 nspections\Grabi nski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\940 Wood - G.doc HBA Minutes 5/1/03 Case #02-80 - 940 Wood - Janice Carter, same address Ms. Carter was present to represent this case. She stated that she has not been financially able to complete any repairs. She lives in this house part of the time and part time in North Muskegon. Don LaBrenz gave a history of the case. It began in 2002 and has deteriorated since then to the point of the roof leakage causing damage to the interior. Ms. Carter stated she applied for help with CNS, but can't get help because her taxes aren't paid. She is trying to get the money to pay her taxes soon and apply for help with CNS for the roof. Nick Kroes asked asked why she lives there part time and she stated when it rains she doesn't stay there because of the leaking. Clara Shepherd asked Ms. Carter if she owes on the house and if she could get a loan for the repairs. She stated she doesn't owe anything on the house, but doesn't want to take out a loan she can't make payments on. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence, but delay taking to city commission until August 2003. A motion was made by Jon Rolewicz and seconded by Nick Kroes to accept staff recommendation. A roll call vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Randy Mackie Jon Rolewicz John Warner Nick Kroes Jerry Bever Clara Shepherd The motion carried. No one was prese represent this cas . ..laBrenz gave a history on the ated the property has gone back to the StatelJf-Mic~ The 2 or 8 6- 2.2-0.J AGREEMENT THIS AGREEMENT, made this June 8, 2004 by and between: Press's LLC (a corporation organized and existing under the law of the State of Michigan); (partnership consisting of _ _ _ _ _ _ _~; (an individual trading as _ __ _ _ _ _ _ _ ___,; hereinafter called the "Contractor," and the City of Muskegon, Michigan, hereinafter called the "City". WITNESSTH, that the Contractor and the City, for the consideration stated herein, mutually agree as follows: ARTICLE 1. Statement of Work. The Contractor shall furnish all supervision, technical personnel, labor, materials, machinery, tools, equipment, and services, including utility and transportation services, and perform and complete all work ..!;,:' required for the demolition and clearance of 940 Wood-Garage as well as if required supplemental work for the completion of this project, all in strict accordance with the Contract, including all Addenda. ARTICLE 2. Contract Price . The City will pay the Contractor for the performance of this Contract and the completion of the work covered therein an amount not to exceed $715. ARTICLE 3. CONTRACT: The.ex'ecute'd contract shall consist of, but not be limited to, the following: Invitation for Bids Instructions to Bidders Bid Proposal Agreement General Specifications for Project Performance Equal Opportunity and Employment Specifications Demolition and Site Clearance Specifications This Agreement, together with other documents listed in Article 3, which said other documents are as fully a part of the Contract as if attached hereto or repeated herein, form the contract between the parties hereto. In the event any provision in any component part of this Contract conflicts with any provision of any other component part, the Contractor shall contact the City immediately in writing for a determination, interpretation, and/or classification of conflicting parts and priority of same. Said determination from the City shall be in writing and shall become an Addendum to this Contract. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed on the day and year first written above. ATTEST: CONTRACTOR: BY: ___/.L4--'-'.A-='--'1.A,'-'-l"--;f,_·_s,'._c_1--1-c•_,,-e__"".(___,O=(;_J_/,=rJ.iL""f;""-- Printed name and titlJ ATTEST: ~,71,l_ J),,"4~J / --1 ..1.l.. ' ±:,.0. ' City Clerk (SEAL) CERTIFICATION (IF APPLICABLE) I, 1--1 fA /\ 00 9 e f , certify that I am the --F"-J-"",8u;=_·_ _ __ of the Corporation named as contractor herein; That ·r;i M.tt '('. 3'ac,;er , who _signed this Agreement on behalf of the Contractor, was then.~o~c=UA/=e~-~r:______ of said Corporation: That said Agreement was duly signed for and in behalf of said Corporation by authority of its governing body, and is within the scope of its corporate powers .. Signed: ~ / . . ~<L~--~7,ef ,Q I (CORPORATE SEAL) 1tt L11 n $q . u:'.'. ':/J?Mi. Printed Name ancl Title DATE: July 15, 2003 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 02-84 Address: 590 Catherine SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 590 Catherine is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #02-84, 590 Catherine, Muskegon, Ml Location and ownership: This structure is located on Catherine between Maple and Chestnut. It was owned by Rosemary Williams (she presides there), but has gone back to the state for taxes. Staff Correspondence: A dangerous building inspection was conducted on 11 /12/02 and an interior inspection was conducted 1/22/03. A notice and order to repair was issued 3/21/03. On 4/21/03 the owner called the Inspection Department and asked what the notice of hearing was about. She was recommended to attend the meeting and state her intentions to the board. The case was heard before the HBA on 5/1/03 and they declared the structure substandard and dangerous on that date. The owner was not present for that meeting. Owner Contact: There has been no contact since the owner called the Inspection Department on 4/21/03. Financial Impact: CDBG Budget action required: None State Equalized value: $13,900 Estimated cost to repair: $8,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 22, 2003. 0:\1 nspections\Gr;ib inski_l ,orraine\ \Vord\CC MEETINGS\Agcnda 590 Cat!1crim:.doc page I of 1 - ~ - - ~ - -----------'--~--' 8 0 . . .- - 520 E 511 557 567 0 581 589 _____ ...,_ ~----~- ~CFJ 530 UJ __ 0 -------- 529 I 549 561 c_ 60'. _j_ _____ _ ~--~~ 0 I I N cr, 560 568 580 590 _!;§()__ _569 _ _ _,57.Q_ _§El()__ 61 I! ,.; ••i I ~---···-- For The Inspection Department File#: 423759 City of Muskegon FROM CITY ASSESSOR'S RECORDS OWNER: Rosemary Williams PROPERTY: 590 Catherine PARCEL NO: 24-205-07 6-00 I 0-00 DESCRIPTION: Lot 10 Blk 76 FROM RECORDS OF TRANSNATION TITLE UBER: 2192 ' PAGE: 51 DATE OF DEED: May 5, 1998 GRANTOR NAME & ADDRESS: State of Michigan, 430 W. Allegan St., Lansing, MI 48922 GRANTEE NAME & ADDRESS: State of Michigan, Department of Natural Resources, Real Estate Division, PO Box 30448, Lansing, MI 48909-7948 LIENS OR MORTGAGES: 3072/662 TODAY'S DATE: December 23, 2002 EFFECTIVE DATE: October 23, 2002 at 8:00 AM Abstracted by: ~ 0, ~ TRANSNATIOTITLE INSURANCE COMP ANY The above information is to be used for reference purposes only and not to be relied upon as evidence of title and/or encumbrances. Accordingly, said information is furnished at a reduced rate, and the Company's liability shall in no event exceed the amount paid for said information, should evidence of title and/or encumbrances be desired, application for title insurance should be placed with Transnation Title Insurance Company. Mth,oln ~ M l l Dl'TIHI"')', LPS This deed Ill exempt from RHI E1lata '465 {~·97) Fom1«1,< L·2349 Transfer Tu and Slate Real Eatata Tr1n1far Tax under MCL 111ctlon1 207.505 STATE TREASURER DEED (H) and 207.526 {H){I) respectively r11ue11 under 1uthority ot Section. 211.e1a, MCL. 182182 On this Slh of May, 1998 lhe grantor, Oougla& B. Roberts, Slate Treasurer,State of Michigan, 430 W. Allegan St., Lansing, Michigan -48922, by his authorized representative Thomas E. Willard, quit-claims the following described property to the State of Michigan, whose address is, Department of Natural Resources, Real Estate Divfsion,P.O. Box 304-48, Lansing, Michigan '48909-7948. Title became absolute In lhe State of Michigan by court decree of the Circuit Court of the County named below and nonredemptlon from the 1997 tax sale within the statutory period. Under section 67a of P.A. 206 of 1893, as amended, the granter, for and In consideration of the premises, conveys to the grantee, State of Michigan. the following: _M_U_S_K_EG_O_N_ _ _ _ _ _ _ _ _ County, Stale of Michigan. Township of Blue Lake SN24 Town 12 North, Range 16 West Section 13 NW 114 of NE 114 of SW 114 610401301700 Township of Blue Lake SN65 LAKE CRYSTAL ADDN TO FRUllVALE Lots9&10 Blk3 61 04 321 724 00 Township of Blue Lake SN87 LAKEWOOD ADDITION NO 10 PLATS F Lots 47 to 49 Inc Blk 65 61 04 366 556 00 Continued on next page Witnesses: l1) VI\~ ~t! Drafted b _J::.a::.n:..R.ci::.al_ _ _ _ _ _ _ _ _ _ _ _ __ Donna Landi1 y Local Proper1y SeNices Division Treasury Building ST ATE OF MICHIGAN ) Lansing, Michigan 48922 ) ss County of Ingham ) On this 18th day of December ! ,1998 , the foregoing Instrument was acknowledged before me by Thomas E. Willard, authorized representative of lhe Stale Treasurer.~ _ I\_ ,.d::;:::i..:!b<,~..,...!,lrt_..,,,.:...:::Y==..11.Adia.'.K.a.t.'- - - - - - - - ./~ My?fmmlsslon expires November 07, 2002 (Toni L. Falcon, Notary Public ,m v~IC ' nV' ,PO .::3C)O()f' cX'wrl,U1l.JJ .t/F9d</- 7S!!._ r ',. <;'~''/'~t,,~-~~- ., ' NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: July 11, 2003 590 Catherine (Address of Property) TO: All owners and interested parties: State of Ml, DNR Real Estate Div. P.O. Box 30448, Lansing, Ml 48909-7948 (Other interested parties) Rosemary Williams, 590 Catherine, Muskegon, Ml 49442 On May 1, 2003 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. F O ~ HOUSING BOARD OF APPEALS :}kt~ ll.,~}'.: ,.1_. 1 By_ _ '1:,_________________ Robert 8. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGS\STANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC - CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: May 2. 2003 To: State of Michigan, DNR Real Estate Div., P.O. Box 30448, Lansing, Ml 48909-7948 Owners Name & Address Rosemary Williams, 590 Catherine, Muskegon, Ml 49442 Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals. having received evidence at a scheduled and noticed meeting held on Thursday, May 1, 2003 does hereby order that the following structure(s) located at 590 Catherine; Muskegon. Michigan. shall be demolished for the reason that the said structure or structures are found. based upon the evidence before the Board of Appeals. to be dangerous. substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish. if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board. and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. O:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. Robert: B. Grabinski, Director of Inspections 0:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: April 18, 2003 Address of the Property: 590 Catherine TO: State of Michigan, DNR Real Estate Div., P.O. Box 30448, Lansing, Ml 48909- 7948 [Name & Address of Owner] Rosemary Williams. 590 Catherine. Muskegon. Ml 49442 [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, May 1, 2003 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the notice and order to repair or demolish the garage issued 3/2103. At the hearing on Thursday, May 1, 2003, at 5:30 o"clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. c11?'1oF.,~~~~~D-P-J.1Ns~~~J19~ £';:ARTMENT, ON B E t J A ~ ~ 3 e , ~ ~ OF APPEALS By 'J-- Robert 'B. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI_L0RRAINEIW0RD\HBA MEETINGS\STANDARD F0RMS\N0TICE OF HBA HEARING.DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: March 21, 2003 Address of the Property: 590 Catherine TO: State of Michigan, DNR Real Estate Div., P.O. Box 30448, Lansing, Ml 48909- 7948 [Name & Address of Owner] Rosemary Williams, 590 Catherine, Muskegon, Ml 49442 (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. - - - Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 590 Catherine, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. . Please see the attached inspection report CITY OF MU~N INSPECTION DEP~RT~ENT )al±?iil. j~J_• Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 590 Catherine (INTERIOR INSPECTION) 1/22/03 Inspection noted: 1. Exterior lights improperly wired. 2. Wiring inadequate. 3. Light fixtures incomplete. 4. Windows missing or broken. 5. Roof rafter cut and broken. 6. Roof failing. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION or A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. DATE \\Muskc.lata\Data\lnspcctions\Grabinski_Lorraine\Word\DANGEROUS BUILDING INSPECTION REPORTS\STAND/\RD FORMS\590 Catheri ne.doc CITY OF MUSKEGON NOTICE FOR INTERIOR INSPECTION DATE: December 18, 2002 Address of Property: 590 Catherine TO: Rosemary Williams. 590 Catherine. Muskegon. Ml 49442 [Name & Address of Owner] None (Interested Parties) The Inspection Services Department of the City of Muskegon has preliminarily determined that the structures described above are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. We intend to inspect the interior of the building(s). Please be present to allow an interior inspection of the above described properties on Wednesday, January 22, 2003 at 11:00 A.M. Failure to appear and allow the inspection will result in this office seeking a search warrant to conduct the inspection. CITY OF MUSKEGON INSPECTION SERVICES Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 590 Catherine 11/12/()2 Inspection noted: I. Roof system on home deteriorating. Structural support on front of home foiling~ sagging front porch. 2. Shingles, drip edge falling off home. 3. Broken siding on home. 4. Exterior wood (siding-frames) in need of protection from clements. 5. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. 1t - t ,)- -0 .;,_..- 'JNOWSKI. BUILDING INSPEtTOR DATE 0:11 nspections\Grabinski __ Lorraine\ Word\DANGt'ROUS BUILDING INSPECTION REPORTS\590 Catherine.doc HBA Minutes 5/1 /03 Case# 02-84 - 590 Catherine - Rosemary Williams, same address - State of Ml No one was present to represent this case. Don LaBrenz gave a history on the structure and stated the property has gone back to the State of Michigan. The owner contacted the office the week before the meeting and she was told she needed to attend the meeting and also check on the land contract owner paying the taxes. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. A motion was made by Randy Mackie and seconded by John Warner to accept staff recommendation. A roll call vote was taken: AYES: NAYES: EXCUSED: ABSENT Greg Borgman Randy Mackie Jon Rolewicz John Warner Nick Kroes Jerry Bever Clara Shepherd The motion carried. Case #02-62 - 259 Delaware - Michael Lewis, 590 Howell, Muskegon ~ . , ; ~ "'~s present to represent this case. Nick Kroes in · on what his ;~;~~t~~ with the structure and Mr. Lewis stated h · tends to finish the required repairs a ·ve there. He has pulled all n ssary permits and Don LaBrenz stated a progre · spection was co cted recently and the work is 80% complete. He is back before t oard b use his permit expired. Mr. Lewis stated he hopes to finish within 30 d Staff Recommendation: Ta this case 90 days repairs and have inspe · ns. A motion was ae by Nick Kroes and seconded by Jon Rolewicz to recommen 10n. Ar call vote was taken: 3 of 8 DATE: July 15, 2003 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 02-73 Address: 444 Orchard. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 444 Orchard (Garage only) is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #02-73 - 444 Orchard (Garage only), Muskegon, Ml Location and ownership: This structure is located on Orchard between Wood and Williams. It was owned by Lucille Hayes, now deceased. Her daughter is trying to sell the property. Staff Correspondence: A dangerous building inspection was conducted on 9/11/02. A notice and order to repair was issued 9/26/02. The case was heard by the HBA on 3/6/03 and the garage was declared substandard and dangerous on that date. Owner Contact: The owner is deceased and her daughter scheduled the building inspector to do an inspection on the garage with her and he told her what repairs were required to be done. She didn't have the money to do the repairs and is trying to sell the house. Financial Impact: CDBG Budget action required: None State Equalized value: $14,900 Estimated cost to repair: $2000 (Garage only) Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 22, 2003. 0:\!11spcct1ons\Grabinski_l ,orraine\ Word\CC iVIF.ET!NCiS\Agenda 444 ()rchard -CJ.doc page I of I // /// 0 ~ w h ol m h ih -- 11~- -~----~~cv--rlf'--------11- 0 I I / N w h / 0 7 0 0 h h i M h h 0 380 56 0 420 428 434 0 444 0 460 ~--m ~-JL ____o____ ~ ~--.----1-s_1__4 _]-~- 001 _ T _i]_3 ' _ _ _ _ L__._,_ '-------~~-_L--~---'--~ 0 ---- - - - , - - - ~ - - - - 0 I 368 0 ~3,-2-- _____L4~1~8_L4~2~4~-4-2_8_L_4~3~2_1__44-o~-4-44-L~4sQ _ _ _ _ 46_o__ J_ 372 498 510 0 0 0 -1~ 0 0 0 --~- AfilL_ __ _ 503 ----'5""13,__ 0 --r~ 372 382 390 --------- --~_J~-'--- 492 500 508 444 452 462 482 0 ~ c_, \-\ MJ) J- 371 381 393 391 ------4B.5. o __ __ 509 42..1.__ !1,A 1 Q 455 l---- 0 _ _ _ _ _ _ _ __ L_ _ - - ___ _J_ __ J _ ~ N ---T m r m M m 0 -=-T~-- ooo __ , ·,..:. _ _____ ,.. ---- ------ 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 ~ I /' v/ © I i L __ --1.~--~---~--~--__J 1533 1527 1515 1509 1499 1479 1471 1463 1453 0 1431 1423 1415 1474 ~1 ~- / / 1538 1534 1530 1524 1516 1442 r 1496 1478 1468 1460 1',52 1430 I / I i""°IHS I I~ I~ ~1 / '"I\ I I I ! r I I I I 0 V "'© "' "' I I I I "' I i I ' i I \ I I I /n© , I~ t:il 0 I~ I\1/ I I I I, ,,. Vo~, ! =S5T519 I I "' I I ' I I I I 1495 1489 1479 1473 1467 1459 1449 1439 1431 / 1513 -1 errace_ / "''l,r 1532 152 6 1516 1496 1486 147~ _ _1468 1458 0 1438 !-,, 1428 [ lo,AJ //\ I i '::l " I ' \ : I [o<".\A. ·_<~i 1~ I"' I I ,8;s "' "'I 0, ' "'I I 1-------,' I I 2g I / ! [/ / / ,/" /> ~ ' ! 1~ I~ I=': t5 0 1 ' I 1459 1435 1431 1429 1 :x>:.0::: ~ \\<, ·<"i/ /'/. I I / ~ ,/ \ -· ·- t 4 t.\l °\'err~'~ a (; a r Q. C. NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: July11,2003 1447 Terrace• Garage (Address of Property) TO: All owners and interested parties: Murray Vanderstelt, 1459 Terrace, Muskegon, Ml 49442 Owner None (Other interested parties) On February 6, 2003 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. O:IINSPECTIONS\GRABINSKI LORRAINE\WORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC - EA'f'lf(f--5; 7-22- ,D-3 BUILDING PERMIT APPLIC flON City of Muskegon Dale , 1,f 'j i)..) 933Terrace St. P.O. Box 536 Perm~# Muskegon, Ml 49443--0536 (231 )724-6758 I JOB LOCATION Job AdClress /'--/l/0 Name or Owner/Agan! T£,2tf&CE YES • Has a plan revklw beoo completed for this project? Owner Telephone NO D NOT REQUIRED D /'1 J ,<1<!J'" \/4 Ai C'/c'/1. 5 f t:t. .i 72.2 - t•'i<i 7 Owner Aeldress Cl1y State z~ Code IY 'f cl Tl!rtt{t}C(~ /1-1 J .S}" /'v/ JJ }<; - '--I 2. II. CONTRACTOR /OWNER INFORMATION D Contractor Name License Number E,:plrallon Oats ~Homeowner Address(Streel & Name) Cl1y Slale Zip Code Telephone Number Federal employer 10 Number (or reason for exemption) ( ) Workers Compensalion Insurance Carrier (or mason for exemption) Ill. ARCHITECT OR ENGINEER Name (Company or Individual) Address City State Zip code IV. TYPE OF JOB Class ol work {check al lhat,..!Epty} NEW BUILDING LJ ADDmON • ALTERATION • REPAJR • RESIDENTIAL Description of work COMMERCIAL • INDUSTRIAL • OTHER V. FEE - Enter the value of the State the total cost of the improvement I including excavation. Permit Fee building, plumbing, electrical, mechanical and architectural costs s .3 2 '1,_._5- Separate permits are required for Plumbing, Mecl!anical, and Electrical work. NO WORK IS TO START PRIOR TO THE ISSUANCE OF BUILDING PERMIT (PROJECTS STARTED WITHOUT A PERMIT MAY BE SUBJECT TO INVESTIGATION FEES) I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with ·whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the oerforrnance of construction. \.1. APPLICANT SIGN ATV RE S«tlo • ll • orth u11tr c-onttns<'rion codt- • ct or 1972, 19'71 PA 2J0, MCL J25.152J • ,prohibits I prnoa fn>m coupiriog to dre1unv,•1 thr Ucu1lot requi.runo1, or tbi, 111ft nlatiog 10 ptr1001 who •rt ro ptrform "ork 011 1 ruidtolial buildiog or a rt1idcolit111ructurr. \'iolalors (»r ,cclioo lJ• art tubjtcltd lo civil fin ts." Date 7~ ( L- BJ,O: BUILDING PERMIT CITY OF MUSKEGON DATE 7 ,/'J 20 0 ,3 PERMIT NO. LOCATION -'=--'l~'l__,9L-....e,r_Je:c..;'lt:....,____ctf...;__;_,tJ_Ci_~·--- (NO (STREETJ CONTRACTORSNAME_O_vJ_,J_('_/t _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ DESCRIPTION OF WORK AE/J,11-R &sex) 0 F (r/f~ll~F (lo I)~ EXPIRES: 7- Z..J.. O.J THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF, EITHER TEMPORARILY OR • PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY, NOT SPECIFICALLY PERMITTED UNOER THE BUILDING CODE, MUST BE APPROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR APPROVED PLANS MUST BE RETAINED ON JOB ANO THIS PERMITS ARE REQUIRED FOR All CONSTRUCTION WORK: CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTRICAL, PLUMBING AND 1. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY 15 RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL MEMBERS (READY TO LATH). QUIRED, SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL 3. FINAL INSPECT/ON BEFORE FINAL INSPECTION HAS BEEN MADE. OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET WORK SHALL NOT PROCEED UNTIL THE THIS PERMIT WILL BECOME NULL AND VOID IF WORK IS NOT INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARI- STARTED WITHIN TIME LIMITS SET BY THE CITY OF CAN BE ARRANGED FOR BY TELEPHONE MUSKEGON HOUSING BOARD OF APPEALS. IT EXPIRES ON OR WRITTEN NOTIFICATION. OUS STAGES OF CONSTRUCTION THE DATE NOTED ABOVE. NOTICE OF RESOLUTION DANGEROUS BUILDING PROCEEDING TO ALL INTERESTED PARTIES: TAKE NOTICE that the Housing Board of Appeals for the City of Muskegon has determined that the building located on the following described property constitutes a dangerous building and has recommended to the City Commission that it shall be demolished. If demolished, the cost incurred by the City of Muskegon for demolition shall become a lien on this property. The determination was made by the Housing Board of Appeals on 1447 Terrace. The property is described as follows: *Blk 272 Lot 18 Also known as: 1447 Terrace Any person interested in the property should consult with the Office of the City Clerk for the City of Muskegon for further information. Witnesses: ~ a. ~V'Cl-~~~ Gail A. Kundinger, Clerk ~- ,~/Y0 ltll, , . I , ,,, " /,~//. ,,, ~,-,,-/lr.t; rC'1 - STATE OF MICHIGAN COUNTY OF MUSKEGON The foregoing instrument was acknowledged before me this / Y;/2 day of /[j,,11 4r;1- 2003by Gail A. Kundinger, Clerk respectively, for and on behalf of the City of Muskegon. ,~:nd1 Z,,~~ _g<)_ £d1 Notary Public -;!.tttr , Muskegon County, Michigan My commission expires: fcl.f-,:i/S Prepared By & Upon Recording Return To: John C. Schrier, Parmenter O'Toole 175 W. Apple Ave, P 0. Box 786 Muskegon, Ml 49443-0786 CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: February 10, 2003 To: Murray Vanderstelt, 1459 Terrace, Muskegon, Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, February 6, 2003 does hereby order that the following structure(s) located at 1447 Terrace (Garage), Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission and the Director of Inspections will delay bringing this case to the City Commission until the first meeting in June, 2003 to allow you time to repair the garage. O:\INSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\ORDER TO DEMOLISH W-DELAY DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. FJ)R1~ ID:I~LS Robert 8. Grabinski, Director of Inspections 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMSIORDER TO DEMOLISH DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: January 23, 2003 Address of the Property: 1447 Terrace - Garage TO: Murray Vanderstelt. 1459 Terrace, Muskegon, Ml 49442 [Name & Address of Owner] None [Names & Addresses of Other Interested Parties] Please take notice that on Thursday, February 6, 2003 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to repair or demolish issued 9/26/02. At the hearing on Thursday, February 6, 2003 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. :~ BE~~ottt. CIT~USKEGON INSPECTION DEPARTMENT, OF APPEALS Robert B. Grabinski, Director of Inspections 0 \INSPECTIONSIGRABINSKI_LORRAINEIWORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING DOC BUILDING PERMIT APPLIC' A TION City of Muskegon 933Terrace St. P.O. Box 536 Permtt # Muskegon, Ml 49443-0536 (231 )724-6758 I. JOB LOCATION Job Address r o. YES OMier Telephone • NO • Has a plan review been completed for this project? NOT REQUIRED • City State Zip Code II CONTRACTOR /OWNER INFORMATION ~ Contractor Name liC.:!nse Number Expiration Date Homeo'Mler V Cc~.LA--0).2_],1- Address(Street & Name) City State Zip Code Telephone Number Federal employer ID Number (or reason for exemption) MESC Employer Number (or reason for exemption) ( ) Workers Compensation Insurance Carrier (or reason for exemption) Contractor information registered with the City of D Ill ARCHITECT OR ENGINEER Muskegon YES NO • Name (Company or Individual) License Number Address ICity I State I Zip code Telephone Number IV, TYPE OF JOB Class of work (check all tha\_!.eplY) NEWBUILDING LJ ADDITION • ALTERATION INDUSTRIAL • REPAIR OTHER • State the total cost of the improvement , including excayMion. Permit Fee d- 3 _5 ,::> building, plumbing, electrical, mechanical and architectural, i:osts'. :. $ Separate permits are required for Plumbing, Mechanical, and Electrical work. NO WORK IS TO START PRIOR TO THE .ISSUANCE OF BUILDING PERMIT '·' (PROJECTS STARTED WITHOUT A PERMIT MAY BE SUBJECT TO INVESTIGATION FEES) (_1~ ..,-,,._. .. 1- 1.;2. - 03 '"'l"~i IApprovod I I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of this permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the oerfonnance of construction. VL APPLICANT SIGNATURE Section 2Ja of the state con~lruclion code act of 1972, 1972 PA 230, MCL 125. lSlJa. prohibits a person from conspiring to circumvent the licen11ing requlremfflts of this slate relating lo persons who are to perform work on a residential building or a residential structure. Violators of section 23a are subjectt'd to civil fines." Date I/_ 7;J ~ 0~ B3102 CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: September 26, 2002 Address of the Property: 1447 Terrace (Garage), Muskegon, Michigan TO: Murray Vanderstelt, 1459 Terrace St, Muskegon, Ml 49442 [Name & Address of Owner) None Names & Addresses of Other Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. ~X_ _ _ Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. _ __ Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1447 Terrace (Garage), Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 144 7-1449 Terrace (GARAGE) 9/11/02 Inspection noted: I. Scrape and paint exterior. 2. Walls rotted and partially missing. 3. Roof deteriorated. 4. Repair fence. 5. Footing and foundation permit required. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. °I -d- 5" --C ,)- OR DA TE O:\Inspections\Grabinski_ Lorraine\ Word\DANGEROUS BUILDING INSPECTION REPORTS\ 1447 Terrace -G.doc HBA Minutes 2/6/03 A mo n was made by Randy Mackie and seconded by John W r to accept staff rec mendation. A roll call vote w AYES: NAY XCUSED: ABSENT Greg Borgman Nick Kroes Randy Mackie Jon Rolewicz John Warner Clara Shep rd Jerry B r T e motion carried. Case #02-77 -1447 Terrace (Garage) - Murray Vanderstelt, 1459 Terrace The owner was present to represent this case. He is waiting for good weather to repair the garage. He had a permit, but it expired 1/12/03. Mr. Grabinski stated he needs a new permit and the garage needs roof and some wall repair. Clara Shepherd stated the yard is full of debris and needs to be cleaned up. Officer Stier spoke to him about the junk cars in the yard also. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building, but delay forwarding to city commission for their concurrence until the first meeting in June. A motion was made by Randy Mackie and seconded by Jerry Bever to accept staff recommendation. A roll call vote was taken: AYES: NAYES: EXCUSED: ABSENT: Greg Borgman Nick Kroes Randy Mackie Jon Rolewicz John Warner Clara Shepherd Jerry Bever The motion carried. 14 of 17 DATE: July 15, 2003 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 03-03 Address: 984 Pine St. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 984 Pine St. is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #03-03 - 984 Pine St., Muskegon, Ml Location and ownership: This structure is located on Pine Street between Apple and Walton. It is owned by Gerald Fauer. Staff Correspondence: A dangerous building inspection was conducted on 1/28/03 after complaints from near by businesses and employees of the County Building of the danger of a board hanging loose from the top of the building. An interior inspection was conducted 2/26/03. An additional inspection report was written on 3/31 /03 and the notice and order to repair was issued the same day. Because of the structural damage, architectural drawings are required for any repairs. The case was heard by the HBA on 6/5/03 and the structure was declared substandard and dangerous. The owner was not present at the meeting. Owner Contact: There has been no contact since the interior inspection. Financial Impact: None Budget action required: General Funds State Equalized value: $26,700 Estimated cost to repair: $25,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 22, 2003. ():\lnspcctio11s\Gn1bi11ski_l .onai111.::\ Wunl\CC MEE'l'INGS\Agcnda 984 Pine St .. doc page 1 of I - - -0 - - - -~-- --·---- :;; 0 o -- l J=-= --- -- 0 6-JJ [____--]§0 '-,-- I' I"\ __ "- -- ~ ~ r--" ~ I - I y--; 1- / DSC00039.JPG OSC00040.JPG - DSC00041.JPG DSC000~2.JPG ~arbor Title 955 West Broadway Muskegon,MI49441 Title Search Case No.: 100121035 August 3, 200 I ]. Beginning Date: 12/27/2000, at 8:00 A.M. Please See Attached Liber 3123, Page 72, Muskegon County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for Muskegon County, Michigan covering the subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 6/27/2001, at 8:00A.M. Documents Deeds: Mortgages: Liber 3123, Page 072 NONE Taxes: Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the amount of $1,185.03, if paid by August 31, 2001. Note: Permanent Parcel No.: 61-24-205-216-0005-00. 2001 State Equalized Value: $21,900.00. 2001 Taxable Value: $20,517.00. Non-Homestead Property. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of Muskegon County, Michigan, against: Gerald Fauer 4. No search has been made for any instrnment, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this form of search this company is not an insurer of above title, nor does it guarantee the title or any evidence of title thereto. 7. Note: In consideration of the fact that the above information is to be used for reference purposes only and not relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to,the amount paid for this information. // /7# .,/ 1J-:l/// . ( / t- 1/1 ~ . 1/,✓ /2/ ,/ " ~-_,,, · ark A. Wypa .. ----~- - = = = = = = = ST ,\TE Of Mit,UGAN COUIITY OF MU~'IEG'N HE:CEIVED FOP. RECORD 2IID DEC 27 Pll J: Q3 I WARRANTY PEED -KATHLEEN A. SNIDER, a married woman, THE GRANTOR: 52 N. Bear Lake Rd., Muskegon, Ml 49445 WHOSE ADDRESS rs: CONVEYS AND WARRANTS GERALD A. FAUER, a married man, TO THE GRANTEE: 1511 Albert, Muskegon, MI 49442 ~Kl<OQllllltDnh:Milllk~:Mll(lll'J!W:jl WHOSE ADDRESS IS: the real estate situated in 1he City of Muskegon, Muskegon County, Michigan, more fully described as . _- ---~---J;i lf.?,,:, £, _:;.. 1 ••4>:.·-~? o__§_ ..g_.O,:l'if~ Lot Five (5) of Block Two hundred sixteen (216) of the Revised Plat (of 1903) of the City of Muskegon, as recorded in Liber 3 of Plats, Page 71, Muskegon County Records. toge,her with all improvements. fixtures, easements, and appurfenances associated with the real estate ("Property"), subject to easements, restrictions, interests, and reservations of record~ taxes and assessment~ not yet due and payable~ and an" matters that would be: disclosed by an accurate ALTA/ACSM Urban Land Title Survey. This Deed is given for the consideration ofTHREE THOUSAND Dollars ($3,000.00). TIU 25.8© 3.30 C 22, 50 5 ___,...._-·=•............... . . ::•-...c - - . ~ -' •.;_,,. -~ ·:i . -.~j_ -·. '. . ·. . -~.: }·- ~· ·. '~t~~ii&.:;;;~a~~~i:,~.~,~~"'~',,;ci4~~:"::J NOTICE OF HEARING BEFORE THE CITY COMMISSION DA TE: July 11, 2003 984 Pine (Address of Property) TO: All owners and interested parties: Gerald Fauer, 1511 Albert, Muskegon, Ml 49442 Owner None (Other interested parties) On June 5, 2003 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. F O ~ HOUSING BOARD OF APPEALS B:\ {M'2 Al~:.r'1. Robert'B. Grabinski, Director of Inspections 0 \INSPECTIONSIGRABINSKI_LORRAINE\WORDICC MEETINGSISTANDARD FORMSINOTICE OF CITY COMMISSION HEARINGOOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: June 6, 2003 To: Gerald Fauer, 1511 Albert St., Muskegon, Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, June 5, 2003 does hereby order that the following structure(s) located at 984 Pine, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS NOTICE OF HEARING Date: May 22, 2003 Address of the Property: 984 PINE TO: Gerald Fauer, 1511 Albert St. Muskegon, Ml 49442 [Name & Address of Owner] None (Names & Addresses of Other Interested Parties] Please take notice that on Thursday, June 5, 2003, the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish issued 3/31/03. At the hearing on Thursday, June 5, 2003, at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY OF MUSKEGON INSPECTION DEPARTMENT, O ~ L F Of-THE HOUSING BOARD OF APPEALS - ), . 0 IINSPECTIONSIGRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. F?n~x:n~ALS Robert B. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\ORDER TO DEMOLISH.DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: March 31, 2003 Address of the Property: 984 PINE TO: Gerald Fauer, 1511 Albert St. Muskegon, Ml 49442 [Name & Address of Owner] None (Interested Parties) The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. - - - Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 984 Pine, Muskegon, Michigan, and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY M1aIT~li:I~T OF Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 984 Pine 3/31/03 Inspection noted: 1. An interior inspection is required by all trade inspectors (plumbing, mechanical, electrical and building) before any permits or certificates of occupancy will be issued. 2. Structural damage to upper building roof system. Incomplete repairs made and not installed to code. Rotted, water soaked rafters; require removal of all damaged structural members. 3. Must submit construction documents from registered design professional (Michigan) on all repairs - fire separation - proposed use of building. 4. All repairs and remodeling must meet Michigan Building Code 2000 requirements. 5. Lower section of building has numerous water damage and structural concerns. Construction documents and design professional required. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. TINOWSKI, BUILDING IN ECTOR DATE O:\lnspections\Grabinski _ I .orrainc\ W ord\DANGEROUS BU ILDfNG INSPECTION REP ORTS\984 Pine.doc Muskegon \ · i Inspection Services : PLAN R.EVIEW WOR~ SHEET FOR ~~ [ c:;1&::f'~ - PERMIT# _ __ DATE<~ ~S ~C,..) REVIEWER· - +· - + ' '-=-> , ,.,,.+~---------- 9-rifLJSr MEET 20D0 MICHIGAN BUILDING CODE 0 MUST MEET 20D0 MICHIGAN RESIDENTIAL CODE ~ MEET BARRIER FREE REQUIREMENTS OF THE 20D0 MICHIGAN BUILDING CODE ~PPROVED SET OF DRAWINGS SHALL BE ON SITE AND AVAILABLE AT THE TIME OF ALL SCHEDULED INSPECTIONS ~CHANGES MADE DURING CONSTRUCTION, NOT SHOWN ON THE APPROVED DRAWINGS, SHALL BE SUBMITTED FOR APPROVAL BY THE BUILDING OFFICIAL ~SPECTIONS REQUIRED BY THIS PERMIT WILL BE PERFORMED BY CITY OF MUSKEGON ALL WORK MUST BE INSPECTED AND APPROVED BEFORE COVERING. 8-suii:OING PERMIT MUST BE ISSUED BEFORE ANY WORK IS BEGUN, INCLUDING DEMOLITION. ~ R A T E PERMITS REQUIRED FOR ANY ELECTRICAL, MECHANICAL OR PLUMBING WORK REQUIRED. ~ONING REQUIREMENTS MUST BE MET. 0 ARCHITECTURAL SEALED DRAWINGS REQUIRED. 0 ALL FOOTINGS MUST BE INSPECTED AFTER FORMING, AND APPROVED BEFORE POURING. MINIMUM FOOTING DEPTH IS 42 INCHES. 0 ALL FOUNDATIONS MUST BE INSPECTED AFTER ANY REQUIRED ANCHORS AND REINFORCING HAS BEEN INSTALLED AND APPROVED BEFORE SILL PLATE IS INSTALLED. · 0 IF SILL STRAPS ARE USED, MANUFACTURERS SPECIFICATIONS MUST BE SUBMITTED. ~DRAWINGS OF ENGINEERED COMPONENTS ( TRUSSES, BEAMS, MANUFACTURED JOISTS, ETC) MUST BE SUBMITTED FOR APPROVAL, AND BE ON SITE DURING ROUGH IN INSPECTION • Pa9e 1 CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 984 Pine St. (INTERIOR INSPECTION) 2/26/03 Inspection noted: l. Replace all plumbing & mechanical. 2. Electric service is missing cover. 3. Electric wiring on 2'"1 floor to be completely replaced. 4. Wiring on l st floor has been exposed to the elements and has deteriorated. 5. Numerous open junction boxes. 6. Light fixtures and wiring are hanging down. Note: Architectural drawings required before any renovation. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITlON OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. TINOWSKI, BUILDING INSPE . roR DATE 0:\1 nspections\Ci rabi nski __ Lorraine\ Word\DA NG EROUS BU I LD ING INSPECTION REPORTS\STANDARD fORMS\984 Pinc.doc CITY OF l\1USKEGON NOTICE OF INTERIOR INSPECTION DATE: February 3, 2003 Address of Property: 984 PINE St. TO: Gerald Fauer, 1511 Albert St., Muskegon, Ml 49442 [Name & Address of Owner] None (Interested Pmiies) The Inspection Services Department of the City of Muskegon has preliminarily determined that the structures described above are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. We intend to inspect the interior of the building(s). Please be present to allow an interior inspection of the above described properties on \Vednesdav, Februarv 26, 2003 at 3:00 P.M. Failure to appear and allow the inspection will result in this office seeking a search warrant to conduct the inspection. ClTY OF MUSKEGON INSPECTION SER VICES Robert B. Grabinski, Director of Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 984 Pinc St. 1/28/03 Inspection noted: l. An interior inspection is required by all trade inspectors (plumbing. mechanical. electrical and building) before any permits or certificates of occupancy will be issued. 2. Roof system on building is deteriorating. incomplete roof repairs and rotting sheathing. incomplete flashing. parapet and cap are incomplete. 3. Fascia is falling off building- dangerous over sidewalk. Fascia is foiling off around perimeter of building. 4. Siding is incomplete. 5. Back block walls of building are in need of structural repair: broken and missing block. 6. Foundation rim is in need of structural repair; rotted plate and open foundation. 7. Exposed OSB soffit rotting - unprotected wood on building envelope - deteriorating trim. doors. etc. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY. I HA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. DATE O:llnspections\Grabinski_ l.mraine'Wcml\DANG EROUS 11UILDI NG INSPECTION REl'ORTS\984 Pinc.doc Hfli\ Minutes 6/5/03 The motion carried. Case #03-03 - 984 Pine St. There was no one present to represent this case. Mr. Grabinski gave a history of the case and stated if this building comes down he will not pilaster the wall - he will take down both walls. Staff Recommendation: Declare this building substandard, a public nuisance, and dangerous building and forward to city commission for their concurrence. A motion was made by Nick Kroes and seconded by Jerry Bever to accept staff recommendation. A roll call vote was taken: AYES NAYES: EXCUSED: ABSENT: John Warner Greg Borgman Randy Mackie Jon Rolewicz Nick Kroes Jerry Bever Clara Shepherd The motion carried. Case #02-94 - 914 W. Southern - Bank One/Barb Delello representa . / rb Delello stated that she is a realtor and deals with bank fore sures. The ban · st got possession of this house and got the tenant o ay 28 th . She stated in reclosures the properties can be assigned t -5 banks, so it takes some time. r intent is to rehab the house and s . Mr. Grabinski state is property has bee problem for a long time and lending institutions don't care ab t the City of uskegon, so it's buyer beware. Staff Recommendation: Declar building substandard, a public nuisance, and dangerous building an rward t ity commission for their concurrence. A motion was made Clara Shepherd and sec ded by Jon Rolewicz to accept staff recommend 10n. A roll call te was taken: NAYES: EXCUSED: ABSENT 6 of 8 DATE: July 15, 2003 TO: Honorable Mayor and Commissioners FROM: Robert B. Grabinski, Director of Inspection Services RE: Concurrence with the Housing Board of Appeals Notice and Order to Demolish. Dangerous Building Case#: 01-37 Address: 1253 Calvin. SUMMARY OF REQUEST: This is to request that the City Commission Concur with the findings of the Housing Board of Appeals that the structure located at 1253 Calvin is unsafe, substandard, a public nuisance and that it be demolished within thirty (30) days. It is further requested that administration be directed to obtain bids for the demolition of the structure and that the Mayor and City Clerk be authorized and directed to execute a contract for demolition with the lowest responsible bidder. Case# & Project Address: #01-37 - 1253 Calvin, Muskegon, Ml Location and ownership: This structure is located on Calvin between Roberts and Creston and is owned by Elizabeth Klein. Staff Correspondence: A dangerous building inspection was conducted on 7/23/01 and an interior inspection was conducted 8/21/01. A notice and order to repair was issued 8/2/01. The case was heard by the HBA on 9/6/01 and the case was tabled for 60 days at that time. The case was heard again 12/6/01 and the owner was again granted 60 days to complete the exterior repairs. On 6/6/02 the HBA granted 120 days to complete the exterior repairs. On 10/7/02 the HBA declared the property substandard and dangerous. Owner Contact: There has been no contact since the October 2002 HBA meeting. Financial Impact: None Budget action required: General Funds State Equalized value: $16,200 Estimated cost to repair: $15,000 Staff Recommendation: To concur with the Housing Board of Appeals decision to demolish. City Commission Recommendation: The commission will consider this item at it's meeting Tuesday, July 22, 2003. O:\lnspections\(Jrabinski Lorrriine\Word\CC tvfEETINUS\Agenda 1253 Calvin.doc page 1 of I _:~1___11 J __ I__ t=:l ~-I , -- --- ----- ---- - -- - - - - - ________ _r- 1 etf\tJ ttt ---- 1230 1236 1242 1250 1262 1205 1219 1229 1247 1259 1273 1285 __ 1307_, ____ 1315 _ _1_327 ------- - I- ---------~--- I ___ L ___~-~- 1200 1206 1218 1230 1234 -32v308 1328 1201 1205 1217 _-1£~- __ 1253 _1_:r 1223 - - - -1265 ---- _12_77~~2-87~~--1301 _1J.1j_ _j;l_25 -- ----~---~--~-- -~------~ ---- T 202 1208 1218 1224 1232 1236 (01 1225 1237 1231 -1249 T- 1207 1213 1219 -- - - ----"------ -- - - 1 'J1(\ 1 ')1,1 1 ?'Jf\ ,_ ,. --- ·'' ..... :.. \ 1- S 3 C~\v,n {: e..f\ SlAS -tr l.-\ [ ,. [Narbor Title 955 West Broadway Muskegon, MI 49441 Title Search Case No.: 100120955 July 31, 2001 I. Beginning Date: 5/13/97, at 8:00 A.M. Please See Attached Liber 1983, Page 202, County Records, for Legal Description: 2. We have searched the records in the office of the Register of Deeds for County, Michigan covering tlie subject property, and find the following conveyances and undischarged encumbrances, from said beginning date to 6/22/2001, at 8:00 A.M. Documents Deeds: Mortgages: Liber 1982, Page 202 NONE Taxes: Possible Sidewalk Assessment in the year 2002. Possible Water/Sewer Usage Fees. Proof of payment of invoice fees, due and payable to City of Muskegon Treasurer in the amount of$60.00. Payment of the 2000 delinquent taxes, due and payable to the Muskegon County Treasurer in the amount of$582.64, if paid by August 31, 2001. Note: Permanent Parcel No.: 61-24-685-008-0013-00. 2001 State Equalized Value: $13,400.00. 2001 Taxable Value: $10,087.00. Non-Homestead Property. 3 We find no United States Internal Revenue Liens recorded in the office of the Register of Deeds of County, Michigan, against: Elizabeth Gubocki 4. No search has been made for any instrument, however designated, which has been filed as a financing statement pursuant to the Uniform Commercial Code. 5. No search has been made of the records of the Circuit, Probate or other Courts, or of any record other than those in the office of the Register of Deeds. 6. Under this fonn of search this company is not an insurer of above title, nor does it guarantee the title or any evidence of title thereto. 7. Note: In consideration of the fact that the above info1mation is to be used for reference purposes only and not relied upon as evidence of title, it is furnished at a reduced rate and this Company's liability is limited to the amount NOTICE OF HEARING BEFORE THE CITY COMMISSION DATE: July 11, 2003 1253 Calvin (Address of Property) TO: All owners and interested parties: Elizabeth Gubocki, 1940 Woodward, Muskegon, Ml 49442 Owner None (Other interested parties) On October 3, 2002 the Muskegon Housing Board of Appeals made a determination that the subject property is sub-standard, a public nuisance and a dangerous building under the City Code and ordered that it be repaired or demolished. The City Commission will hold a hearing on Tuesday, July 22, 2003 to consider the above decision of the Housing Board of Appeals. You may appear at this hearing at 5:30 p.m. on Tuesday, July 22, 2003, at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, with counsel, if you desire, to present any relevant evidence and arguments concerning the decision to demolish the above structures. CITY OF MUSKEGON INSPECTIONS DEPT. FO~.=jHj USjN~OA~D Of '.AP,~!~LS B y ~ 1_ ~ vi_J.J._.c..fb_,_-~·_·J_,._ _ ' - -_ Robert 13. Grabinski, Director of Inspections 0 IINSPECTIONSIGRABINSKI LORRAINEIWORD\CC MEETINGSISTANDARD FORMS\NOTICE OF CITY COMMISSION HEARING.DOC - CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS Date: October 7, 2002 To: Elizabeth Klein, 1940 Woodward, Muskegon, Ml 49442 Owners Name & Address None Names & Addresses of Other Interested Parties ORDER TO DEMOLISH STRUCTURE The Housing Board of Appeals, having received evidence at a scheduled and noticed meeting held on Thursday, October 3, 2002 does hereby order that the following structure(s) located at 1253 Calvin, Muskegon, Michigan, shall be demolished for the reason that the said structure or structures are found, based upon the evidence before the Board of Appeals, to be dangerous, substandard and a public nuisance. The owners or persons interested shall apply for the required permits to demolish the structure(s) within 30 days from the final determination to concur and demolish, if it is made by the City Commission. Demolition shall be accomplished no later than 60 days after a concurrence by the City Commission. The director of inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board, and further to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. This order is not final until concurred with by the City Commission. 0 \INSPECTIONSIGRABINSKI_LORRAINEIWORO\HBA MEETINGSISTANDARD FORMSIORDER TO DEMOLISH DOC NOTICE TO OWNER AND INTERESTED PARTIES Please take notice that this decision of the Housing Board of Appeals will be presented to the City Commission of the City of Muskegon on the date and at a time to be noticed to you by the Director of Inspections. You are hereby notified that you will have an opportunity to appear before the said City Commission at that time and to present any and all evidence or matters relevant to the issue of demolition or repair of the said structures. This order of the Housing Board of Appeals is not final, but will become final if and when the City Commission has considered the record and this order, and has concurred. The City Commission may concur with this order, or disapprove or modify the order. PDRTa:1__~ ~EALS: Rob rt B. Grabinski, Director of Inspections 0 \INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGS\STANDARD FORMS\DRDER TO DEMOLISHDOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: September 19, 2002 Address of the Property: 1253 Calvin TO: Elizabeth Gubocki, 12689 Patricia Ave. Grant. Ml 49327 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, October 3, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Ml at 5:30 o"clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review the status of the repairs. At the hearing on Thursday, October 3, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY OF MUSKEGON INSPECTION DEPARTMENT, ON BEHALF OF THE HOUSI G BOARD OF APPEALS 16 B. Grabinski, Director of Inspections O:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS ORDER TO TABLE THIS CASE 120 DAYS Date of Order: June 11, 2002 Address of the property: 1253 Calvin To: Elizabeth Gubocki. 12689 Patricia Ave. Grant. Ml 49327 Owners Name & Address None Names & Addresses of Other Interested Parties , ' CASE TABLED FOR 120 DAYS The Housing Board of Appeals of the City of Muskegon has reviewed your case and ordered that it be tabled for 120 days to finish the exterior repairs. All exterior repairs are to be completed in that time and inspections called for. This case will be reviewed again at the October Housing Board of Appeals meeting, which you will be notified of. If you have any questions, please call the Inspection Department at 231-724-6715. CITY OF MUSKEGON HOUSING BOARD OF APPEALS rt B.Grabinski, Director of Inspections 2 CITY OF MUSKEGON Inspection Services 'fR \-- , Memo \\,\ C, j\_) - LI l( --L,::-;s cf l ':7 (', - l{ C\ _}:, L1 To: Robert Grabinski From: Lorraine Grabinski CC: File Date: 06/05/02 Re: 1253 Calvin Beth Gubocki contacted the office this morning. She cannot make the HBA meeting 6/6, due to her work schedule. She is asking for a 120 day extension to finish the roof because of finances and personal reasons. She is getting married August 17 and will then be able to sell her house and have the money to finish the roof. She talked to Ardyce (CNS) about getting help, but didn't qualify because the roof doesn't leak. She wanted to schedule a meeting with Bob Grabinski. I told her that might not be necessary if she could update me on where she's at with repairs. I will call her on Friday or Monday to let her know Bob's decision. :it: Page 1 CITY OF MUSKEGON CITY OF MUSKEGON HOlJSING (BlJILDING) BOARD OF APPEALS NOTICE OF HEARING Date: May 23. 2002 Address of the Property: 1253 Calvin TO: Elizabeth Gubocki, 12689 Patricia Ave. Grant Ml 49327 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, June 6, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace. Muskegon. MI at 5:30 o'clock p.m., and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review your progress on the said structure. At the hearing on Thursday. June 6. ?002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present. if you desire, to show cause why the structure should not be allowed or ordered demolished. ~ F MUSKEGON IN PECTIO DEPARTMENT, tSN BEt:l.::f:_1/!i H SI q BO OF APPEALS R? By~,__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ R ert B. Grabinski, Director of Inspections F:IINSPECTIONS\GRABINSKI_LORRAINEIWORD\HBA MEETINGS\STANDARD FORMSINOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: February 26, 2002 Address of the Property: 1253 Calvin, Muskegon MI Description of the Structure: Pomona Park Addition Lots 13 & 14 Blk 8 & E ½ Garden St. vacated TO: Elizabeth Gubocki, 12689 Patricia Ave, Grant, MI 49327 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, March 7, 2002 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, MI at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review your progress on the exterior repairs. At the hearing on Thursday, March 7, 2002 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY MUSKEGON INSPECTlON DEPARTMENT, :y B E H t l ± ~ l ! : 1 : : : k . OF APPEALS Rob· h B. Grabinski, Director of lnspections F:\INSPECTIONS\GRABINSKI_LORRAINE\WORDIHBA MEETINGS\STANDARD FORMS\NOTICE OF HBA HEARING.DOC Affirmative Action 231/724-6703 FAX/722-1214 Assessor 231/724-6708 FAX/726--5181 Cemetery 231/724-6783 FAX/726--5617 Ch·IJ Sen·lce 231/724-{)716 FAX/724-4405 West Michigan's Shoreline City Clerk 231/724-6705 FAX/724-4178 Comm. & Neigh. Services 231/724-6717 December 10, 2001 FAX/726-2501 Engineering Elizabeth Gubocki 231/724-6707 FAX/727-6904 12689 Patricia Ave. Grant, Ml 49327 Finance 231/724-6713 FAX/724-6768 Re: 1253 Calvin Fire Dept. 231/724-{)792 FAX/724--6985 Dear Ms. Gubocki: Income Tu 23 l /724-6770 On December 6, 2001 the Housing Board of Appeals heard your case on the FAX/724-6768 above structure. Info. Systems 231/724--6744 FAX/722-4301 The board's determination on this case is to grant you a sixty day extension to complete the exterior repairs. Leisure Service 231/724-6704 FAX/724-1196 If you have any questions, please contact this office at (231) 724-6715. Manager's Office 231/724-6724 Sincerely, FAX/722-1214 ?id!i~ Mayor's Office 231/724--6701 FAX/722-1214 Inspection Services 231/724-6715 Director of Inspections FAX/726-2501 RBG/lg Phmnlng/Zonlng 231/724--6702 FAX/724-6790 Police Dept. 231/724-6750 FAX/722-5140 PubUc Works 231/724-4100 FAX/722-4 J88 Treasurer 23 I /724-6720 FAX/724--6768 Water BIiiing Dept. 231/724-6718 FAX/724--6768 Water Flltrnflon 23 I /724-4 I 06 FAX1755-5290 City of Muskegon, 933 Terrace Street, P.O. Box 536, ~luskegon, MI 49443-0536 CITY OF MUSKEGON ~"c\r~'S INSPECTION DEPARTMENT '25cf 0 err . (231) 724-6715 / , .---? /\" I . I, \ INSP~N SHEET F0< -(- i::c;.. '~:) ~u,·"'-'-------- ' - - - , ___ , -!"r!lulldlng O ElectilcaJ ___ O Mechanical , ___ O Pfumblng D Zoning 0 Foo<lng O S..v!co O Und«!1'ound O Und«i1'ound 0 RoUQh In O Rough In O Rough In O RoUQh In F O Fln«J O Fl/\41 0 Final •--- •--- •--- ( Corr ec1 prior to and C.ft.11 for reinspection. CITY OF MUSKEGON CITY OF MUSKEGON HOUSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: November 21, 200 l Address of the Property: 1253 Calvin, Muskegon Ml Description of the Structure: Pomona Park Addition Lots 13 & 14 Blk 8 TO: Elizabeth Gubocki. 12689 Patricia Ave. Grant. MI 49327 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursdav, December 6, 2001 , the City of Muskegon Housing Board of Appeals will hold-a hearing at 933 Tefface. Muskegon. Ml at 5:30 o'clock p.m, and at the said hearing consider whether or not the following structure should be determined to be dangerous, substandard and a nuisance, and demolished, or repaired. The reason for this hearing is to review your progress on the exterior repairs as required in the order to repair issued 9/10/01. At the hearing on Thursday. December 6, 2001 , at 5:30 o'clock p.111., at the Muskegon City Hall, 933 Terrace Street, Musk--;,gon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or ordered demolished. CITY OF MUSK.EGON INSPECTION DEPARTMENT, 0 , A F OF THE HO SING BOARD OF APPEALS • F:IINSPECTIONSIGRABINSKI __ LORRAINEIWORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON CITY OF MUSKEGON HOUSING BOARD OF APPEALS ORDER TO REPAIR OR DEMOLISH Date of Order: September 10, 2001 Address of the property: 1253 Calvin Description of the structure: Pomona Park Addition Lots 13 & 14 Blk 8 To: Elizabeth Gubocki, 12689 Patricia Ave. Grant. Ml 49327 (Name & Address of Owner) None (Names & Addresses of Other Interested Parties) OPPORTUNITY TO REPAIR The Housing Board of Appeals of the City of Muskegon has found that the above structures are dangerous or substandard buildings and a public nuisance. However, it is determined that the buildings are repairable, provided that permits are applied for and repairs performed in a timely fashion. Therefore, it is ordered that the owner or interested parties shall apply for all permits required to accomplish the repairs of the conditions found in the inspection report attached to this order and complete all exterior repairs within 60 days. All interior repairs shall be accomplished in the time limited by the permits issued relevant to the said repairs, and physical repair must be commenced within the said 30 days of obtaining those permits. 2 FAILURE TO COMPLY - DEMOLITION ORDER TO BE SUBMITTED TO THE CITY COMMISSION In the event the owners or interested parties fail to apply for all permits required to effectuate the said repairs or fail to commence physical repair within 60 days, then the above order of the Housing Board of Appeals shall constitute an order to demolish the said structures. In such case, the Director of Inspections is ordered to place before the Muskegon City Commission this order and the record in this case to seek concurrence by the City Commission with the decision of this board for demolition, and further, to give notice to the owner and interested parties of the date and time when this matter shall be considered by the City Commission. CITY OF MUSKEGON HOUSING BOA D OF 3 CITY OF i\ICSKEGON CITY OF l\lUSKEGON HOCSING (BUILDING) BOARD OF APPEALS NOTICE OF HEARING Date: August 22, 2001 Address of the Property: I 253 Cah'in Muskegon, Michigan Description of the Structure: Lots 13 & 14 Blk 8 of Pomona Park Addition & E \", Garden St. Vacated TO: Elizabeth & Hedwig Gubocki, 12689 Patricia, Grant, Mf 49377 [Name & Address of Owner] None Names & Addresses of Other Interested Parties] Please take notice that on Thursday, September 6, 2001 , the City of Muskegon Housing Board of Appeals will hold a hearing at 933 Terrace, Muskegon, Mf at 5:30 o'clock p.111, and at the said hearing consider whether or not the following structure should be detennined to be dangerous, substandard and a nuisance, and demolished, or repaired. The r½ason for this hearing is that you have not complied with the Notice and Order to Repair or Demolish a Structure issued by the City of Muskegon Building Inspection Department on 8/1 /0l. At the hearing on Thursday, September 6 , 2001 , at 5:30 o'clock p.m., at the Muskegon City Hall, 933 Terrace Street, Muskegon, Michigan, you may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire, to show cause why the structure should not be allowed or orclerccl demolished. CIT ' 'MUSKEGON INSPECTION DEPARTMENT, 0 1 BEHhl.~0~~ ~F APPEALS By_-J----------------~ Rob t B. Grabinski, Fire Marshal/111spcctio11 Services F:\INSPECTIONS\GRABINSKI_LORRAINE\WORD\HBA MEETINGSISTANDARD FORMS\NOTICE OF HBA HEARING.DOC CITY OF MUSKEGON NOTICE AND ORDER TO REPAIR OR REMOVE (DEMOLISH) A STRUCTURE DATE: August 1, 2001 Address of the Property: 1253 Calvin St.. Muskegon, Michigan Description of the Structure: Lots 13 & 14 of Block 8 of Pomona Park Addition TO: Elizabeth & Hedwig Gubocki, 48 N. North St. White Cloud. Ml 49349 [Name & Address of Owner] The Building Inspection Department of the City of Muskegon has determined that the structures above described are dangerous, substandard, and constitute a nuisance in violation of the Dangerous Buildings Ordinance of the City. You are hereby notified that the City will proceed to demolish or cause the demolition and removal of the said structure unless you accomplish the actions indicated below within the time limits indicated (only one to be checked): 1. X Obtain the issuance of all permits required to accomplish the repair of the structure defects listed in the attached schedule within 30 days of this notice. All repairs shall be accomplished within the times set forth in the permits. All work must be physically commenced within 30 days of the date of this notice. 2. - - - Obtain the issuance of the appropriate permit for the demolition of structures within 30 days, and accomplish the demolition thereof within 60 days of this notice. The conditions which cause the said structures to be dangerous, substandard and a nuisance are listed in the attached schedule. F:\Inspections\Grabinski_Lorraine\Word\STANDARD FORMS\Inspections Department Notice and Order.doc Page 1 of3 FAILURE TO COMPLY After 30 days from mailing this notice, if you have not complied with this notice, a hearing will be scheduled before the City of Muskegon Housing Board of Appeals for the purpose of enforcing this notice and order and instituting City action to remove the structure. You will receive notice of that hearing. You may appear and present any relevant evidence to the Housing Board of Appeals and have counsel of your choice present, if you desire. You will have the opportunity to show cause why the structure shall not be ordered demolished. SCHEDULE OF CONDITIONS The following conditions are present at the structure at 1253 Calvin St. Muskegon, Michigan,. and cause said structure to be a dangerous or substandard building and a public nuisance. Please see the attached inspection report CITY OF MUSKEGON INSPECTION DEPARTMENT ert B. Grabinski, Fire Marshal/Inspections CITY OF MUSKEGON DANGEROUS BUILDING INSPECTION REPORT 1253 Calvin (INTERIOR INSPECTION) August 21, 2001 Inspection noted: I. Additions on home have insufficient structural ceiling and rafter members to safely can-y design loads. Need to 2000 incorporate members to Michigan Residential Code. 2. Service to be replaced. All wiring must comply with 1999 Michigan Electrical Code. BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HA VE DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION 4-23 OF THE MUSKEGON CITY CODE. ~ 'J rf i-t± -· ~~ . ,,--i: ' ' , . i . , , .-:-··' ' -:-- . I '. "J.. ':. l. ' ~ (~ .• " '· . 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 ~ VC\J ·, ·'k.s - I ea__, I I 0 I It I i41J3 ! I 1410 I I 1404 I I ..x. ~ "'q, 0 / r~ I i , I vov 7~0 f- - - - ' - - - ~' i I ! I v~ I I ~ I ! ! I ~ I • I ~ I I 0 1---~ p I I :1~ /1 II .Va,S w I o,,., ~ I I I ~ 'I I I I, ~~~- ~r m I NI I o v,o p 10 'O'" i I : I 0 0 ,, \,\,,:,_\, 'b':· t ,,,, r:,1,""" '"'' 1469 1461 1451 1445 1435 1401 1391 1383 1373 1367 1361 V ~ 1355 v'(, '.B O 1464 1456 1450 1442 ! I I I 1382 -~v' 1363 I I I I _1357 -~,.;,. ,. I I I I ) v,,6 I I I ! . I I I I I II I I 0 v'& I I ~1 _J I !~ ;:;I II I I 10 1.,~i:,," ' / I I ' lw VO& I I I I ~ 1;[ ..,,~" ~,:f,> ' I I ,I 18 ~· '.'?.> v'? ,,,\,,""" w[ i '•'' ,w ·<.?~.; "o& I w w ell/ 'o, \,-9:,,:;,,"' I ~ "&& I q,9'":~- -<.?&0 -<.?0,,,. I j ,,,, 'f;' I I ,,, ' "&, "&o I I I _j_______·~cc--~ " "-t 14 s1 1471 1463 1457 144 7 1441 1433 .,~ J>--b c,,s:J,:;,," 1/>/ 0 1472 "&o 14§:1- 1456 1448 1'!;!Q Q :il (a(·.§> 1,C ~ii---~ ".s w :ll ·<.?~,; ,,,, J C' ' \/ />\ 0 Y' \ ~ I I I "., '?~ X / / / o,'1/co' /\:~~.. •' ,, ·~ :~:' - , , l\72.. -------- 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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