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CITY OF MUSKEGON
MUSKEGON HOUSING BOARD OF APPEALS
MEETING MINUTES
11/01/07
5:30PM
ATTENDANCE: Randy Mackie, Ed Simmons, Jon Rolewicz, Nick Kroes, Kirk
Kolberg
ABSENT: Chris Carter,
EXCUSED: Greg Borgman
STAFF: Mark Kincaid, Jim Hoppus, Carmen Smith, Don LaBrenz, Henry
Faltinowski, Scott Vanderwier, Craig Porter
GUESTS: Alan Gurwitz(1522 Clinton), Keenan Sims(1969 Wood)
Meeting minutes: A motion was made by Randy Mackie and seconded by Kirk Kolberg
to approve the October 2007 minutes.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes(late)
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
PROPERTY MAINTENANCE CODE APPEAL CASE:
1522 Clinton – Alan Gurwitz, 896 Ada, Muskegon, MI 49442
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Mr. Gurwitz was present to represent case.
Jon Rolewicz reviewed items that were being appealed by Mr. Gurwitz.
Craig Porter, housing inspector stated an original rental inspection was conducted for
a single rental unit, he looked for code violations and found conditions were rough
because tenants had just been evicted but towards end of inspection he pointed out
ceiling in the living/dining area and he said Mr. Gurwitz stated it wasn’t a issue. Mr.
Porter said he felt is was an issue and wrote the violation and also specified screens
are required in windows up to a certain time of year in any operable window in a
habitable room on the lower sash. Mr. Porter said a re-inspection was conducted
where he took pictures of the ceiling which were passed around for the board to look
at. Mr. Porter stated Mr. Gurwitz doesn’t feel there is any danger from the ceiling but
his opinion is the ceiling does show there has been some patch work done and he felt
materials were coming down. Mr. Porter stated the code books states a ceiling should
have a finished surface, maintained in good repair, reasonably clean, plaster properly
secured etc. Jon Rolewicz asked how long Mr. Gurwitz owned the house and Mr.
Gurwitz stated 11 years. Mr. Gurwitz said he put those patches on the ceiling about
4 or 5 years ago and nothing has changed since then and any change now would
pose a financial burden on him and if he was to do any changes it would be on the
cheap end and wouldn’t make it look any better. Mr. Gurwitz said Mr. Porter
suggested a drop ceiling which he said the other rooms have and don’t look any
better. Mr. Gurwitz said he already has a potential rental who has looked at the home
and is satisfied with the condition it’s already in. Mr. Gurwitz said it’s more than just a
little damage that previous tenants caused and he’s spending hundreds of dollars and
time to clean the place up. Kirk Kolberg asked Mr. Porter what things he is looking for
when performing inspection and Mr. Porter stated he’s looking for loose materials,
cracks in the ceiling, water damage and he feared material might come down from
ceiling onto tenants. He could tell the ceiling had been worked on but according to
code he said it met the criteria for a bad ceiling. Jon Rolewicz asked if it was a lathe
and plaster ceiling. Mr. Gurwitz stated it probably was under the popcorn spray. Mr.
Gurwitz said he put the popcorn finish on the ceiling because he was not financially
able to hire it done by a professional. Mr. Gurwitz said the ceiling itself is not cracking
but popcorn finish which he said was done 4 or 5 years ago. Mr. Kolberg asked if
ceiling was painted since picture showed it was dirty. Mr. Gurwirtz stated that might
be due to fire in kitchen area that tenants had before evicted. Mr. Gurwitz said he
doesn’t see any danger in the least and nothing has fallen on anyone before. Jon
Rolewicz asked what the reason for the previous patchwork done was and Mr. Gurwitz
said it was probably separation from ceiling. Mr. Rolewicz stated it appears from
pictures that separation lines shows ceiling is failing with evidence of previous repair
and looks like lathe and plaster are separating from one body and from downward
peaks coming off each one of the cracks and the symmetrical and frequency of cracks
it would appear that the plaster ceiling is coming apart. Mr. Gurwitz said it would be a
financial hardship for him to repair because tenants destroyed house and doesn’t feel
the ceiling poses a safety issue. Mr. Gurwitz asked what would be expected as a
repair. Mr. Kincaid said according to code the ceiling should be repaired with no
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cracks and solid all the way across. Mr. Gurwitz said he is trying to meet all the other
requirements and doing any further repair to the ceiling other than painting would be a
financial hardship on him.
Staff Recommendation: Deny appeal on item #6
Motion was made by Randy Mackie and seconded by Ed Simmons to accept staff
recommendation.
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
Staff Recommendation: Deny appeal on Item #28 (screens)
Motion was made by Randy Mackie and seconded by Nick Kroes to accept staff
recommendation:
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
EN-070098 – Annie B. Rudd (Keenan Sims, grandson), 2205 Leahy St.,
Muskegon, MI 49444
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Mr. Keenan Sims was present to represent case.
Mr. Sims stated he just received “letters of authority” regarding property and tried to
pull a permit but was told by Inspections to schedule an interior inspection first. He
stated he had someone lined up to do roof first then do the inside in the spring. Mark
Kincaid said Mr. Sims came into the office and presented letters of authority and did
schedule an interior inspection for next week. Ed Simmons asked if license
contractors were required. Don LaBrenz asked Mr. Sims if the contractor was
licensed. Mr. Sims said he planned to pull the permit himself to take the canopy down
and help with roof. Mark Kincaid asked if letters of authority allows Mr. Sims to apply
for permits. Don LaBrenz stated Mr. Sims is acting as representative of the owner
which allows him to pull the building permit only.
Staff Recommendation: Table case until January 2008 meeting with interior
inspection scheduled.
Motion made by Randy Mackie and seconded by Kirk Kolberg to accept staff
recommendation
A roll call vote was taken:
AYES: NAYES: EXCUSED: ABSENT: ABSTENTION:
Greg Borgman
Randy Mackie
Jon Rolewicz
Nick Kroes
Chris Carter
Ed Simmons
Kirk Kolberg
Motion carried.
OLD BUSINESS:
NEW BUSINESS:
ADJOURNMENT: 6:00 PM
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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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