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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
04/02/09
5:30PM
ATTENDANCE: Randy Mackie, Ed Simmons(late), Nick Kroes, Kirk Kolberg (late),
Chris Carter, Greg Borgman(late), Jon Rolewicz
ABSENT:
EXCUSED:
STAFF: Carmen Smith, Jim Hoppus, Don LaBrenz, Ken Murar, Henry
Faltinowski, Mark Kincaid, Scott Houghtaling
GUESTS:
Meeting minutes: A motion was made by Chris Carter and seconded by Randy Mackie
to approve the February 2009 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman(late)
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons(late)
Kirk Kolberg(late)
Motion carried.
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PROPERTY MAINTENANCE APPEAL CASE
275 Houston – Karen Kendall – 3755 Highgate Rd., Muskegon, MI 49441
Ms. Kendall was present to represent case.
Ms Kendall stated she owns historic property, built in 1905 and much of the exterior
parts of the structure is original including the door she is appealing. She said it’s been
a trial to do improvements because she has to get the approval of the Historic District
Committee. She said the garage has a hasp with padlock which has been on house
since she’s purchased in1989 and probably existed before. She said the garage is
used for storage mostly lawn equipment and tools. The only people that have access
are people who work for her. She asked for exception regarding the hasp so she
wouldn’t have to drill hole in side to make opening for lock and handle which she feels
would ruin the door. She said this would be a hardship financially. Scott Houghtaling
stated it’s a rental property that looks nice. Ms Kendall showed pictures. Scott
Houghtaling said his inspection shows there is a hasp on garage with padlock and
according to the property maintenance code under structure security ….”hasp and
padlock are prohibited”. Nick Kroes asked if hole seen on the picture next to hasp
was always there. Ms Kendall stated hole was put there by WEHMET because one of
her tenants was in question. John Rolewicz stated that a night latch could be installed
where hole is currently and she would not have to damage the door; it would fasten on
the interior and key to open so no additional holes would be needed. It would meet
code and provide security.
Motion made by Randy Mackie to deny the appeal and seconded by Chris Carter.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman(late)
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
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DANGEROUS BUILDING REVIEW CASES
EN-080135 – 60 E. WALTON – Jeffrey/Denise Bergsma – 5961 Austrian Pine Ln,
Grant, MI 49327
Mr. Jeffrey Bergsma was present to represent case.
Mr. Bergsma stated he plans to use property as a rental. He said he plans to get
permit to do exterior on Monday and would complete exterior in 30 days and complete
interior within 60 days as he’s waiting for income tax return. Mark Kincaid said he
wants to insure Mr. Bergsma understood since it will be a rental that licensed
contractors would have to do the work. Mr. Bergsma stated he has consulted City
Attorney and was advised that as a homeowner he could get the building permit. Don
LaBrenz said not to confuse property owner with homeowner. The property owner can
secure building permit but any electrical, mechanical, plumbing work has to be done
by licensed contractors.
Staff Recommendation: Table until the June 2009 HBA Meeting.
A motion was made by Randy Mackie and seconded by Chris Carter to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman(late)
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-080099 – 680 Jackson – Robert/Brandy Hillsburg, 340 W. Forest Ave.
Muskegon, MI 49441
Robert & Brandy Hillsburg was present to represent case.
Brandy Hillsburg stated they started on property some time ago and then found out
that they didn’t have clear title and stopped working and tried to give it back to person
they obtained it from. The person didn’t want it back. The City last year sent notice to
get repairs done based on exterior inspection, a interior inspection was conducted.
They got permits and started on exterior and gave timeline stating that six months
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would not be enough time to finish repairs. Ms Hillsburg showed pictures of gutted
house and progress that’s been made thus far. She stated the siding was done
except top portion of house. She stated they have made progress inside and had
electrical rough-in approved. She said the mechanical is progressing with furnace
installed and some ingoing plumbing has been done. She asked that permits be
extended as indicated in her letter to the Inspection Department that they’ve had some
personal problems due to sickness which prohibited work on the home. Chris Carter
asked what would be a reasonable time to complete repairs. Ms Hillsburg said they
want to finish exterior in next 30 days and finish inside within five months or 1st of
November. Mrs Hillsburg apologized for not calling Inspections because they didn’t
want to waste the Inspectors time when work was not completed. Mark Kincaid said
he understood the problems the Hillsburg were experiencing but wanted to make sure
monthly progress inspections are conducted.
A motion was made by Chris Carter to extend permits until November 2009 with
stipulations that monthly progress inspections be conducted and if progress cease, the
case would automatically be brought back before HBA. The motioned was seconded
by Nick Kroes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman(late)
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-090038 – 1409 Nolan – John/Jessica Wallor, 2414 Memorial Dr., Muskegon,
MI 49445
Attorney Paul Ladas was present to represent case.
Mr. Ladas stated he represents buyer and seller. The house has been sold, deed
already recorded. The new owners have sincere interest in correcting problems. He
said new owners would like 90 days to review and decide whether they correct all
defects. Mark Kincaid said an interior inspection was scheduled but inspectors was
denied entry. Ed Simmons asked what intention is of home if not tore down. Chris
Carter asked if not tore down if plans are to fix it. Mr. Ladas said all taxes and fees
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have been paid. Mr. Ladas ask for clarification if structure is declared dangerous.
Board and staff explained dangerous building process. Don LaBrenz explained to
new owners why interior inspection is necessary to provide list of all repairs needed so
decision can be made if choice is to repair structure.
Nick Kroes made a motion to declare building substandard, a public nuisance, and
dangerous building with delay of 120 days before forwarding to city commission for
their concurrence and schedule interior inspection, motion was seconded by Randy
Mackie.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter(left early)
Ed Simmons
Kirk Kolberg
Motion carried.
EN-070098- 1969 Wood Street – Keenan Sims – 2205 Leahy St., Muskegon, MI
49444
No one was present to represent case.
Mark Kincaid stated Mr. Sims informed Inspections Department that he no longer has
interest or ownership of property and someone else owns it. Ed Simmons asked if
after Mr. Sims put new roof on structure he lost the property. Mark Kincaid indicated
that appears to be the case.
Greg Borgman made motion to declare building substandard, a public nuisance, and
dangerous building and seconded by Randy Mackie.
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A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter(left early)
Ed Simmons
Kirk Kolberg
Motion carried.
EN-090015 (Garage) – 711 Amity – Carl/Anita Frans, 901 Moulton Ave.,
Muskegon, MI 49445
No one was present to represent case.
Mark Kincaid stated this case was a garage that had been torn down but the debris
was left. The debris has now been removed but the slab is still there which the owner
would like to retain.
Motion by Randy Mackie declare building substandard, a public nuisance, and
dangerous building and seconded by Ed Simmons.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter(left early)
Ed Simmons
Kirk Kolberg
Motion carried.
EN-090033 – 1411 Sixth St – Deutsche Bank National Trust Co., 3 Ada, Irvine,
CA 92618
No one was present to represent case.
Mark Kincaid stated there was a fire at the structure and there has been no owner
contact.
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Nick Kroes made motion to declare building substandard, a public nuisance, and
dangerous building and seconded by Greg Borgman.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter(left early)
Ed Simmons
Kirk Kolberg
Motion carried.
EN-090039 – 1464 Sixth St (Home & Garage) – United State of America, 5312
Bolsa Ave., Ste #200, Huntington Beach, CA 92649
No one was present to represent case.
Mark Kincaid said there has been no owner contact for property.
A motion was made by Ed Simmons to declare building substandard, a public
nuisance, and dangerous building and seconded by Greg Borgman.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter(left early)
Ed Simmons
Kirk Kolberg
Motion carried.
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OLD BUSINESS:
Greg Borgman asked about 238 Houston. Mark Kincaid said it’s not good but doesn’t
quality for dangerous building status at this time. Nick Kroes asked about status 143
E. Southern. Mark Kincaid said property has new owner and possible temporary
restraining order pending. Kirk Kolberg asked about 2125 Bluffton. Don LaBrenz said
court action is pending on that property.
NEW BUSINESS:
ADJOURNMENT: 6:10 PM
CITY OF MUSKEGON
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETINGS OF
THE CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES.
The City of Muskegon will provide necessary reasonable auxiliary aids and services,
such as signers for the hearing impaired and audiotapes of printed materials being
considered at the meeting, upon twenty-four hours notice to the City of Muskegon.
Individuals with disabilities requiring auxiliary aids or services should contact the City
of Muskegon by writing or calling the following.
Ann Becker, City Clerk
933 Terrace Street
Muskegon, MI 49443
(231) 724-6705 or TDD (231) 724-6773
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