Group discusses inconsistent code enforcement, civil case settlement

The Historic District Commission Jan. 7 discussed inconsistencies in code enforcement, settlement of a civil case, becoming a certified local government, lamp post installation and a wheelchair ramp.

Commissioner Ryan Eashoo said inconsistencies in the Building and Safety Inspection Division's enforcement of historic district building codes has upset residents. He asked if the council could enforce building codes through fines or removal of offending materials.

Commissioner James Rutherford said the job of the commission is to review plans presented, not to enforce code.  Eashoo responded by asking if the commission was "wasting its time" if it could not enforce codes.

City Attorney Angela Watkins said the Building and Safety Inspection Division can only charge unauthorized builders for permits after the fact and does not fine. Watkins added that the matter was internal to the city government and should be resolved between the commission and the Building and Safety Inspections Division.

Watkins said a civil case against STAT EMS had reached a proposed settlement. In 2008, STAT EMS built an addition to their 520 W. Third St. property, overlapping 17 feet onto the area surrounding the Hardwood Smith historic house, but did not follow historic district ordinances.

The terms of the settlement are $5,000 to be distributed by the commission for the Hardwood Smith historic area. Several commissioners noted the only property in the area was the Hardwood Smith historic house and asked if they could only spend the funds on that house. Watkins responded by restating the definition of the settlement.

Commissioner Freeman Greer said he had met with the mayor about the Historic District Commission becoming a Certified Local Government.

(A Certified Local Government is defined in the National Historic Preservation Act of 1966 as a local group approved by the Michigan State Historic Preservation Office and the national Park Service.  The group must have a local historic district ordinance and a historic district commission with binding design review authority. The National Historic Preservation Act requires 10 percent of the annual Historic Preservation Fund be set aside for Certified Local Governments.)

Greer said the mayor approved their letter and application, but they would need plans of the historic districts.

The commission discussed and approved a proposal to use grant funds to install 27 new lamp posts in the Carriage Town Historic District. Eashoo said many concrete lamp post bases still exist, but electrical wires not up to code would need to be repaired at an additional cost.

Eashoo said his application for a street lamp was not among the 27 and asked to be included. Commissioner Dale Suomela said the proposal specified 100-watt high pressure sodium light bulbs and asked it be amended to 50-watt bulbs.

Gary Kidd of the Disability Network presented a proposal to add a wheelchair ramp to the rear of a house at 2326 Delmar Ave. The ramp would attach to the rear of the house, be secured to brick and a door would be added to the house. The commission approved the proposal with the requirement that the door be a normal house paneled door, not a flat industrial type door.

The next Historic District Commission meeting is at 5:30 p.m. Feb. 4 on the third floor of City Hall.