CITY OF MASON COUNCIL
CHAMBERS
201
W. ASH ST., MASON, MICHIGAN
MASON
CITY COUNCIL MINUTES
SPECIAL MEETING
DECEMBER 10, 2001
The meeting was called to order at 7:35 p.m.
by Mayor Whipple.
Present: Council Members: Clark, Naeyaert, Soule, Howe,
Preadmore, Whipple
Absent: Council Member: Helbig
Also present: Martin
Colburn, City Administrator
Jim Howard, Zoning and Development Director
Marsha Ramey, Building Inspector
Dennis McGinty, City Attorney
Deborah Stein, Deputy Clerk
DANGEROUS BUILDING HEARING PER ORDINANCE NO.
133
It was discussed that, in accordance with
Ordinance No. 133, the Dangerous Building Ordinance, City Council received an
order from the Hearing Officer requiring that the building at 210 S. Jefferson
be demolished or properly maintained and made safe. Said hearing is being held to provide the owner of 210 S.
Jefferson an opportunity to show cause why the hearing officer’s order should
not be enforced.
City Attorney McGinty presented the facts of
the case and gave a brief summary of the record. The property was destroyed by fire and was paid as a 100% fire
loss. Prior to the fire in October 1999, the property was used
as a multiple family residential property as a lawful nonconforming use. The Zoning Ordinance states that if a
structure is destroyed to more than the State Equalized Value (SEV) it cannot
be reconstructed or continue to be used unless it is in conformance with the
current Zoning Ordinance, and Council would have authority to order that the
structure be demolished if it is not repaired.
Attorney McGinty requested that the November
19, 2001 agenda packet be received as part of the December 10, 2001
proceedings, which include an abstract of record that was presented to the
Hearing Officer for the Dangerous Building Hearing of March 7, 2001. Attorney McGinty noted Item No. 11, the
assessor’s card showing the assessed value on the date of the loss for the
structure alone at $34,500, and $34,700 for land and structure and Item No. 2,
the report of George Pierce, Building Inspector at that time, dated November 9,
1999, showing the cost of repair to be $104,175.00, exceeding the value of the
property. Mr. Pierce ordered the building
to be removed. Administrator Colburn
gave several extensions of time for the property owner to make a decision on
the order. The order was not complied
with and a notice was issued on December 12, 2000, giving 30 days to comply
with the order to remove the dangerous building or otherwise make it safe. That order was not complied with and a second notice was issued setting a
hearing March 7, 2001 with the Hearing
Officer, Mr. John Heckaman.
At that hearing, Mr. Heckaman found that the
owners had received fair notice of the hearing, the subject was a nonconforming
structure, the property had been damaged to more than 50% of it’s fair market
value, and that the building was a dangerous building. He determined that the building could be
reconstructed as a single family dwelling based on a Special Use Permit and a
variance that had been obtained. At
this time, parts of the building were blowing off and falling off the
building. Testimony indicated that it constituted
a hazard to pedestrians and the properties neighboring on each side of the
building. The building was open at the
roof and the elements had gone through a freeze/thaw cycle and was rotting and
deteriorating. The upper story of the
building was damaged and was in danger of collapse.
Upon these findings, Mr. Heckaman ordered
that the structure be demolished within 30 days or that the owner apply for a
building permit and commence reconstruction of the property within 30
days. The owner applied for a building
permit on April 6, 2001. The chronology
of the file shows that Mr. Heckaman’s order was served upon the property owner
of record by certified mail on May 7, 2001. The Building Permit file indicates
that there was missing information and additional documents were needed for the
Building Permit, which was then issued on May 30, 2001 to Richard and Marcia
O’Brien.
There was sporadic work on the property in
the spring, which halted. The first
inspections were never called for. The
current Zoning Official, Jim Howard, made a determination in September that the
Building Permit had expired and he contacted Mr. O’Brien to inform him that it
was necessary to apply to renew the Building Permit. The owner accepted the ruling and submitted the applications for
renewal. However, the Building Permit
was never renewed because the owner did not submit to the required
inspections. The work on the property
halted from September until October 24, 2001, at which time Mr. Heckaman filed
a report to the Council. Since the
order to Show Cause was served, work has recommenced on the property and the
building is not in danger of collapse.
Mr. Howard’s inspection in November 2001 revealed that the building
continued to be open to the public, open to vagrants, and an attractive
nuisance to children. Mr. Howard sent a
second Dangerous Building notice ordering an immediate abatement on an
emergency basis advising the owner that if it was not complied with, the city
would proceed to abate the nuisance on its own. It was secured as ordered after Mr. Howard contracted to have it
boarded up and secured.
Mr. Howard commented that he and Building
Inspector Ramey visited the site December 6, 2001. Contractors were in the process of installing windows and dry
wall had been removed. Rough electrical
and plumbing had been installed. Ms.
Ramey indicated that restoration of the property is approximately 50%.
Attorney McGinty commented on the record of
the proceedings noting items included in the December 10, 2001 agenda
packet. He specified the Notice of Dangerous
Building, dated November 20, 2001, the order to Show Cause contained in the
same notice issued to Richard and Marsha O’Brien and RJ Enterprises in care of
Jerome O’Brien, the reports of Jim Howard, dated December 7, 2001, the second
report of Marsha Ramey, dated November 7, 2001, Mr. Cox’s letter, dated
December 4, 2001, and supplemental photographs taken October 9, 2001, and
November 9, 2001.
Discussion was held on accepting the
referenced agenda packets and related materials into the record.
It was moved by Preadmore and seconded by Naeyaert to
accept the material in the November 19, 2001 agenda packet and the additional
material in the December 10, 2001 City Council agenda packet as record of the
proceedings for the Dangerous Building Hearing for 210 S. Jefferson.
VOTE: Yes (6) Clark, Naeyaert, Soule, Howe, Preadmore, Whipple
No (0)
MOTION CARRIED
It was stated that the next step in the
proceeding should be invitation to the owner to show cause why the Council
should not affirm the decision of the Hearings Officer and order the decision
to be enforced as written or to modify the decision if Council is so inclined.
Joseph K. Cox, representative for the
property owners of 210 S. Jefferson, commented that his client recognizes that
there have been delays. Mr. Jerome
O’Brien has become more involved with the property and work has commenced. Mr. Cox stated that he has encouraged his client
to make a more secure barrier on the exterior of the building until the staircase
can be removed completely. He
acknowledged the Hearing Officer’s report, the findings, and the order,
indicating that they have motivated Jerome O’Brien to get involved. Mr. Cox commented that the Building Permit
states it is for one year. He feels
that the project could be completed by the end of March 2002, and that their
investment and anticipated sale is motivation to complete the project. Mr. Cox commented that he cannot dispute the
materials accepted into the record.
Discussion was held on making a determination
under Ordinance No. 133, Section 9B, to either approve, disapprove, or modify
the order of the Hearing Officer.
Discussion ensued to affirm the Hearing Officers order while granting an
extension of time to complete the process.
Discussion continued on the facts of the case.
Administrator Colburn spoke to the history of
property owner Rich O’Brien not showing up for appointments. Meetings were arranged for his convenience
and he did not show up. He did not
appear for the Hearing Officer’s meeting, he did not show up for inspections
nor did he secure the building. The
City had to secure the dangerous building.
Discussion was held to revise paragraph six
of Resolution No. 2001-69.
Resolution No. 2001-69 was introduced by Soule and seconded by
Naeyaert.
CITY OF MASON
CITY COUNCIL RESOLUTION NO. 2001-69
RESOLUTION TO ALLOW
EXTENSION OF TIME
FOR 210 S. JEFFERSON
December 10, 2001
WHEREAS, the
structure at 210 S. Jefferson was damaged by fire in October of 1999; and
WHEREAS, over
the course of the next two years sporadic activity occurred at the site to
restore the structure; and
WHEREAS, the
building, through owner neglect, was allowed to become a dangerous building as
defined in Ordinance No. 133; and
WHEREAS, the
City of Mason has taken actions to demolish or otherwise make safe or properly
maintain the building; and
WHEREAS,
substantial progress has been made on the building in recent weeks which have
gone a long way toward removing the structure from dangerous building status;
now
THEREFORE, BE IT RESOLVED, that the City Council affirms the decision of the
Hearing Officer who, at the March 7, 2001 hearing did order that the dangerous
building at 210 S. Jefferson be demolished or otherwise reconstructed to be
made safe and properly maintained and that regular and consistent progress be
shown toward reconstruction of the building.
THEREFORE, BE IT RESOLVED that the City Council does hereby modify the decision
of the hearing officer to allow an extension of time to December 31, 2001 to
complete reconstruction of the structure to a safe condition as determined by a
special inspection by the City Building Inspector with such inspection to be
paid for by the property owner.
Yes: (6) Clark,
Naeyaert, Soule, Howe, Preadmore, Whipple
No: (0)
PEOPLE FROM THE FLOOR
Resident of 129 S. Jefferson commented that
he feels the building at 210 S. Jefferson should be rebuilt.
ADJOURNMENT
The meeting adjourned at 9:20 p.m.
_________________________ ________________________
Martin A. Colburn, City Clerk Russell W. Whipple, Mayor