City
of South Lyon
Chairman
Weipert called the meeting to
order at 7:03 p.m.
All
present recited the Pledge of Allegiance to the Flag
Present:
Commissioners Lewandowski, Bradley, Culbertson,
Weipert, Tartaglia, Kurtzweil
and Lanam. Mosier and Subotich were excused.
Also
present were Chuck Cairns and Ben (Planning Consultants), Kristen Cunningham,
Director of Community and Economic Development.
Approval
of Agenda:
Motion by Culbertson, supported by
Lewandowski
Vote
Motion Carried Unanimously
Approval
of Minutes:
Motion
by Bradley, supported by Lewandowski
To
approve of the Minutes for April 13, 2006.
No
public comment.
No
old business
Discussion
of the Property Maintenance Code
Cunningham
explained the information in front of the Commissioners was requested from the
last meeting. Commissioner Subotich submitted the Ypsilanti city code purely as
an example. The decision at the last meeting was to focus on the exterior of
buildings however Chairman Weipert mentioned a concern regarding the interior.
Cunningham suggested the conversation be limited to the exterior and decide a
later date on whether or not to address the interior.
Culbertson
asked what the BOCA Code does. Cunningham explained it is the state code that
outlines the minimum expectation. The city has its own code on top of the BOCA
code. Weipert noted the city follows the BOCA code with the exception of three
items. Cunningham stated that is correct and as a reminder the city attorney
said the more specific the code is made the better.
Weipert
stated it seemed to her that the restrictions are already in effect but asked if
there is a way of enforcing them. Ypsilanti seemed to have more rules in place
to inspect and make certain everything is up to code. Cunningham replied there
is a difference between inside the building and outside. After speaking with the
building department, who are the ones who enforce code violations, it is
currently difficult because they also inspect new buildings. This won’t always
be the case because eventually the new building will slow down.
Bradley
stated he believes it is more of an issue of enforcement and he isn’t certain
what more can be done. Lewandowski noted every one of the issues with the
exterior buildings is covered by BOCA. Lanam stated Ypsilanti has stricter fines
and addresses the issue of vacant buildings specifically. Tartaglia asked if the
tickets address specifically the BOCA violation. Lewandowski stated by stating
an issue violates the city’s code it implies the BOCA code.
Culbertson
asked who some violations take so long to correct. Cairns stated things like
non-conforming signs are common but until the sign becomes a safety hazard the
sign stays, just like a non-conforming building. Culbertson asked about the cars
at Norm’s because the code states vehicles can not remain for that long in a
lot. Cunningham stated the cars are moved around, taken off the lot, new ones
brought in, no one car is there for long enough to violate the code. The
inspectors have to see the violation in order to enforce it with a ticket.
Lewandowski noted regarding the signs that the city is going to have an expert
saying a sign is unsafe and the owner is going to have an expert saying the sign
if perfectly safe. Lanam asked if a non-conforming sign can be replaced. Cairns
answered he believes so and the courts have allowed businesses to change the
face of a non-conforming sign. If owner wanted to make the sign larger, that
would be a problem for them but 51% of the value of the sign may need to be
replaced before the sign can be forced to remove.
Cunningham
stated the building department must see the violation. If a resident reports a
violation in a neighbor’s backyard and the inspector can not see it from the
road, and the resident who complained will not allow the inspector into their
yard to see the violation then there is nothing the inspector can do about it.
Bradley noted that was the point of the interior as well, that if a resident
denies access the inspector is stuck. Lanam asked about the buildings that the
city knows has peeling paint and broken windows. Cunningham stated they are
difficult as well because the absentee landlords will fight the city in court on
every single issue and there comes a point when the city must consider how much
taxpayer money is spent defending the issue. Bradley stated it seemed to him
that the consideration should be giving more teeth to the punishment. Cunningham
reminded the Commissioners that they would only make a recommendation to City
Council and the building departments biggest problems are snow removal and cars
parked where they should not be, i.e. on a front lawn. Lanam asked if the police
department can assist with writing tickets for code violations. Cunningham
stated she would find out but Mr. Veltri is the city’s Code Enforcement
Officer.
Weipert
stated in Ypsilanti it is a misdemeanor to violate a code and a person could go
to jail for violations. Kurtzweil stated she has some experience with the
Ypsilanti code and their problems of bad landlords and vacant buildings is much
larger and was much more severe but they have had tremendous results with the
code. She would be in favor of making the change and having violations become a
misdemeanor. She believes the extra bite would make an impact because then it
would no longer be just a fine but a criminal action.
Tartaglia
reminded everyone to listen to the city attorney’s recommendation of paying
attention to the scale of the problem. The warning was before action is taken to
be careful. Weipert stated there are over 1,000 rentals and 215 vacant
buildings. Lanam noted the city attorney was discussing the interior building
concerns. Cunningham stated the intent is still the same.
Weipert
stated that what appeals to her is this does not affect or place undue burden on
the owners that are maintaining their property. Cunningham reminded the
Commissioners that a decision did not have to be made immediately.
Lanam
asked if the punishment is changed to a misdemeanor will that change the
building department’s process. Cunningham replied no. Weipert asked if it will
give more authority to the police department to help write tickets. Cunningham
replied she will find out. Cairns stated with the civil infraction the court can
only issue another ticket but as a misdemeanor it is jail time.
Culbertson
stated he will hate to see all the work go into making changes on the code and
then have the City Council deny it. He asked if they could get a feeling of
their reaction. Cunningham stated it will not matter until Council votes. The
whole process has to happen to for them to be prepared to make a decision.
Culbertson stated he would like to know if it is a concern worth investigating.
Cunningham stated the city does not mind doing the work because the Planning
Commission perceives it as a problem. If one of the Commissioners would like to
approach City Council then fine, but it is difficult for her to do it. Weipert
stated it might be helpful to tell Council why the Commissioners feel it is
important. Cunningham stated they will see all of that with the public hearing
and the records but it is difficult to ask people what they might vote.
Kurtzweil
stated Ypsilanti did have a different problem because of the socio-economic
differences throughout the city. Some groups of people were moving into vacant
homes, getting sick, and living in unsafe environments. Even though South Lyon
only has five or six situations like that she feels it is a good example to set
now for how serious the city is regarding the appearance and safety of the home.
It will also protect the future good owners.
Lanam
stated BOCA does not address the interior but he would like to see a change to
address making vacant accessible for interior inspection like Ypsilanti has in
their code. Bradley noted Ypsilanti also uses fire and/or police to write
tickets. Lewandowski stated the issue on that part of Ypsilanti’s code is to
address the problem with squatters.
Kurtzweil
stated she respects the city attorney’s view of challenges but everything is
going to be challenged and she does not think the city should stand down from
that. She is in support of moving forward because this is also a way to support
the business owners who are struggling and still making the effort to maintain
their buildings. Cunningham stated she will speak to the city attorney regarding
the misdemeanor change, vacant building inspections, and the police and/or fire
department being able to write tickets.
Staff
Reports
Cunningham
stated the South Lyon Car Wash will not be back. The owner made the shed small
enough that he does not have to come before the Commission and can work directly
with the building department. There will be no meeting in two weeks.
Cairns
announced his retirement and introduced his replacement, Ben Tallerico. Cairns
and Tallerico have met with the City Manager and the intent is to ease Tallerico
in and himself out.
Tallerico
went over his career history and noted he is very familiar with the concerns
presently before the Commission. He is happy to be in South Lyon and is glad to
know Cairns will be available for help. Cunningham welcomed Tallerico and noted
Cairns will be missed.
Kurtzweil
attended a conference on planning and zoning. She reviewed the changes in the
state law of the organization between Planning Commissions and Zoning Boards.
Cairns stated the new law combines three acts into one and noted the biggest
changes will happen to townships. The changes to non-conforming rules are
troubling and Tallerico agreed.
Motion
by Culbertson supported by Lewandowski
To
adjourn the meeting at 8:10 p.m.
Vote
MOTION CARRIED UNANIMOUSLY
_____________________
_ ____________________
_______
Pam
Weipert, Chairperson
Jennifer Knapp, Recording Secretary
________________________
Keith
Bradley, Secretary