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Odonald.pdf

Sierra R ODonald, Petitioner V City Of Detroit, Respondent · 24-003403-TT

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Page 1

RECEIVED 

JUN 05 2024 

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORMISRFAHNRST, 

|. BROWN, DPA 

GOVERNOR 

LANSING 

Fi 

AX TRIB 

ECTOR 

PROPERTY TAX APPEAL PETITION FORM 

VALUATION / EXEMPTION / CLASSIFICATION APPEAL 

Do not use this form to appeal Principal Residence Exemption, Qualified Agricultural Exemption, Special Assessment, or 

Non-Property tax disputes. 

Pursuant 

to Michigan Tax Tribunal Rule (TTR) 277(3), you MUST submit a copy of the notice giving rise to the appeal 

(e.g. Board of Review Decision or Notice of Uncapping} with this Small Claims Petition, if applicable. If you do not 

submit this document, you may be held in defauit. 

Section 1: Petitioner’s Contact Information 

Last Name/Company Name 

5 leg Li ONZE 

I | Chonan 

Mailing Address (No., Street, P.O. Box or Rural Route) 

“FH Rewer 

Lav SF 

City 0 

j Town 

State 

ZIP Code 

& 

p 

de? 

39 

EAFOLD 

ml 

| AG 

Telephone Number 

Fax Number 

” 

Eh 4 0605 

— 

E-mail Address (do not enter Ted you want MTT to send all correspondence via e-mail) 

Section 2: Petitioner’s Attorney/Authorized Representative’s Contact Information 

First Name 

N 

Last Name 

A 

Jin 

Firm Name (if any) 

Address (No, Street, P.O. Box or Rural Route) 

City or Town 

State 

ZIP Code 

PE 

— 

JENNY 

Telephone Number 

Fax Number 

mm 

cr 

£-mail Address (do not enter unless you want MTT to send all correspondence via e-mail) 

a 

. 

Section 3: Subject Property Information 

How many 

if you are appealifig more than one parce, are they contiguous or adjoining? 

parcels areyou | [7] vest 

[ul No** 

appealing? 

*if yes, use a multiple parcel form for information regarding any contiguous parcels,

Page 2

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 4: Issues Being Appealed (check all that apply) 

A 

rue Cash and Taxable Value 

[J] Poverty Exemption 

of raxable Value Only (calculation) 

[J Disabled Veterans Exemption 

CF ncapping of Taxable Value 

[OJ Eligible Manufacturing Personal Property (ESA) 

Exemption from Taxation (other than the denial of a 

[0 Classification 

Principal Residence or Qualified Agricultural Exemption) 

Section 5: Explain the Reason for this Appeal 

Popeety 

le obsoLesc 

Prope FY dan AREAS Ce 

> SO) of Civ 

PropepT J 

wis 

uN Capped 

al mepe 

1 iad 

fg 

OTC 

Regus ste, 

Fue 

oe 

1AFTVAC BrEmpPTTom/ 

Section 6: Jurisdictional Issues 

Year(s) you are appealing: 

p 

Ay 

nT 

yo 

202), 02, god3. Jol 

Did Jou protest the hssessment ata Bard of Review (BOR)? i 

Yes 

[Hl] No, 

Cron 

[| July 

[| December 

If Yes, check which BOR you attended AND attach the BOR decision: 

If No, check the applicable reason(s): 

[|] Not required to attend 

Assessment Change Notice was not received by Petitioner 

O Appealing a purported Clerical Error or Mutual Mistake of Fact (if yes, include explanation in Section 5) 

Appealing within 35 days of State Tax Commission Order

Page 3

STATE OF MICHIGAN 

GRETGHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 1. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Section 7: Valuation Information «use the multiple parcel form for additional, contiguous parcels. 

Parcel Identification Number: 

Qaney 

Classification of Property: 

Real 

Person 

popal-m(eheck one) 

Agricultural 

Commercial 

Industrial 

Residen; i” Timber Cutover 

Developmental 

Util 

_(ehesi one) 

rg 

Od 

0 

cure! Assessed alu (also known as State Equalized Value) as established by the BOR: 

300 

Currel hat Value as established by the BOR: 

23p0 © 

What 2b believe is the fair 

market value (also known as True Cash Value)? 

~ 

. 

I 

Ey 

Seed = SY 

| 

00 Wor dhocrsTann 

THE RASS So 

Multiply the True Cash Kay 

Band enter here. This is your contention of Assessed Value. 

Ae 

il 

[00 

aAo7T 

nN PEASTANT 

THE BIN of THY 

4 

if you believe the Ents a i from your contention of Assessed Value, enter your contention of Taxable Value. 

3, 0005 

DD 

NRT IVBEESTAND 

THE AAT oe [REN Yar 

Section 8: Classification Information *Only the Mi Dep't of Treasury may appeal this issue to the Tribunal® 

Parcel Identification Number: 

~y 

- 

Current Classification of Property as established by Board of Review: 

Real 

Personal 

(check one) 

J Be 

CL 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

{check one) 

What do you believe is the property’s classification? 

Real 

Personal 

(check one) 

Agricultural 

Commercial 

Industrial 

Residential 

Timber-Cutover 

Developmental 

Utility 

(check one) 

if improved property, how is the property currently being used? 

REE 

if improved property, for what use was the property designed? 

<

Page 4

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON I. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

Fee Information 

ie subject property have a Principal Residence Exemption of at least 50% as of the date of the filing of this petition? 

Yes 

[| No 

ps 

Are you appealing ONEY the denial of a Poverty Exemption or Disabled Veterans Exemption? 

0 Yes 

No 

If you answered yes to either or both of the above questions, you are not required to pay any filing fees. 

The filing fee is based on the greater of the State Equalized Value or Taxable Value in contention. 

if you are appealing more than one 

parcel, the parcel with the highest State Equalized Value or Taxable Value in contention will be used to determine your filing fee, plus 

$25.00 will be added for each additional parcel being appealed, not to exceed a total filing fee of $1,000. 

if your property is residential property {see MCL 205,762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is: 

$100,000.00 and under 

$125.00 

$100,000.01 to $500,000.00 

$200.00 

$Over $500,000.00 

$300.00 

If your property is NOT residential property (see MCL 205.762) and 

the State Equalized Value or Taxable Value in contention is: 

Filing Fee is; 

$100,000.00 and under 

$250.00 

* Plus $25.00 for each additional parcel, as indicated above. 

If your property is NOT residential property and the State Equalized Value or Taxable Value in contention is $100,000.01 or greater the 

appeal does not qualify for Small Claims. Therefore, an Entire Tribunal petition must be filed. 

Signature *Required 

\ 

- 

Petitioner or Attorney/Authorized Representative! se A 

a 

/ 

Isl 

[ 24 AAs 

SA 

. 

rd

Page 5

2024 Tax Tribunal Appeal 

2023 

| made a valuation appeal, submitted an overwhelming amount of proof, 

photographic documentation, professional estimates for remediation and repairs, written 

and verbal statements, served to the City of Detroit and Michigan Tax Tribunal to make 

known the poor condition of my Primary Residence located at 7743 Beaverland St, 

Redford, MI 48239, but my proof was completely disregarded and my petition denied. 

It 

was denied on the basis that 

| submitted both a valuation & poverty appeal on the same 

form, although 

| did make the appropriate correction, submitting them on separate forms 

before the Final Opinion was rendered. Dockett #: 

2023 

| also made a poverty appeal which was denied on the basis that my annual 

income was $ 

which was incorrect. Judge Abood made a statement in his Final 

Opinion saying that 

| admitted the numerical figures stated by the City of Detroit's 

representative to be true, but 

| never made such a statement. In truth and actuality my 

annual income was $____, which should have warranted me a poverty exemption. 

For some mysterious reason, the City of Detroit's representative said that she could not 

speak on valuation and could only address the poverty appeal, therfore in Judge 

Aboods Final Opinion, he too only addressed the Poverty Appeal which in my opinion is 

biased toward the City of Detroit and is unfair to me. 

2023 

| struggled to pay the fees just to submit my petition, for though 

| received public 

assistance and could've had the fee waived, 

| was unaware of the Tribunal Rules, as 

| 

am a first time homeowner and 

| am still adjusting to the learning curve of many new 

processes & responsibilities. 

Since 2023, an appraiser has come out to my home, noted the poor condition and made 

an adjustment from $24 

Y._ to $.5A\,, which 

| appreciate, but I've already incurred a 

significant amount of damages heaithwise and financial, deferred maintenance 

exasterbating the preexisting issues, due to both the City & State's initial denial of my 

plea. 

2024 The house is still in the same poor condition and is inhabitable due to fatally toxic 

species of mold, tested by a Licensed Mold Specialist which must be remediated 

BEFORE the commencement of any repairs or renovations. To do so, the cause of 

water intrusion must be addressed. The cause in this case is Sewage backup. 

Detroit Water & Sewage Department came out to assess the situation causing the

Page 6

completed. 

It is too complex and costly of a job for me to analyze and hire independent 

contractors for. William & Patrick confirmed that 7746 W. Chicago is the access point for 

my property at 7743 Beaverland, and Patrick spoke with his boss Eric Holmes at length 

about strategies to resolve this issue. 

With this being thoroughly expressed, 

| am requesting a refund for the overpayment of 

taxes paid in previous years 2022 & 2023 and garbage disposal fees. 

| am also 

requesting %100 exemption in 2024 until the major abatement issues, sewage backup, 

responsibility of DWSD, have been resolved so that mold Remediation can may begin, 

to make 7743 Beaverland at bare minimum *habitable. 

Another reasonable accommodation could be to grant something similar to the Obsolete 

Property Rehabilitation Exemption (PA 146 of 2000, MCL. 125.2781) until a 

substantive amount of the repairs are completed. 

| am certified in construction 

management by the State. 

If this can be rendered, 

| could come up with a plan, budget 

and reasonable time frame to complete the work and make it more profitable to the City 

of Detroit. 

| continue to remain an upstanding, law abiding citizen, maintaining all of life's demands 

while sleeping in my vehicle, tending to my hygienic needs at a local gym and eating 

mostly carry-out on the go, because my home in inhabitable. Having no other choice 

than to live this way greatly increases my expenses, and though 

| have applied 

countless times for food assistance and home repair assistance 

| have been denied 

each time. 

| have absolutely no family support and both my friends are married with 

children and have reached capacity with responsibilities of their own. My health 

continues to be adversely impacted as a result of these ongoing challenges. Please 

give thoughtful consideration of the aforementioned details and adversities. 

If this appeal reaches you late it is only because the March Board of Review Denial 

Letters were sent out last minute with little time to spare. The Office of Assessors said 

that their systems were down and letters weren't sent out in the usual timely fashion. 

| 

called ahead to the Tax tribunal to express that 

| have yet to revive a response letter 

from the MBOR and was advised to mention this in my appeal. 

Thank you for your time and consideration of this matter. 

Sincerely, Sierra ODonald.

Page 7

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Page 8

7743 Beaverland suffers severely from deferred maintenance and functional obsolescence. The structural 

integrity of the bathroom renders 

it inoperable due to the flooring bearing only the substrate, and both the 

walls and ceiling completely open exposing the studs and very harmful inhalants from the fiberglass 

insulating material used. 

The kitchen is completely nonexistent and inoperable with no cabinetry, countertops or sink which makes 

the entirety of the property uninsurable by the requirements of most home insurers. Plus, about one-third 

of the kitchen floor area bears the exposed substrate. 

Notwithstanding those serious physical risks & health risks mentioned above, there are also multiple toxic 

mold species present all throughout the home, one notable species, stachybotrys, more popularly known 

as "black mold" which has been tested and verified by a Licensed Mold Specialist. Before any renovation 

can take place to the aforementioned, Professional Mold Remediation must take place first, otherwise the 

spores will invade all porous material resulting in a total loss of any improvements made. Mold thrives in 

moisture rich environments, so even before the mold can be remediated, the source of water intrusion 

must be addressed and alleviated first. 

Sources of water intrusion currently identified is the improper grading of soil around the house which 

causes runoff water 

to flow toward the basement and foundation making it 

a damp and suitable 

environment for mold to thrive and grow. Major & minor plumbing repairs are aiso needed to prevent 

basement backup floods stemming from sanitary and sewer pipes invaded by tree roots. 

The home must also be secured from break-ins which has already occurred prior 

to my ownership 

resulting in the need for an egress door to be repaired and/or replaced. Some windows must also be 

repaired/replaced. 

Hardwood floors are porous and all throughout the home which also need to be replaced to prevent the 

reoccurrence of a mold disaster. Sanding and refinishing will only further disturb the mold sending more 

spores into the air and throughout the property. 

Electric must be updated and brought up to code during renovation. 

The True Cash Value of 7743 Beaverland St has never been appropriately assessed despite numerous 

grievances, including photographic evidence via dockett 23-000308, professional estimates, and most 

recently an in-person visit by two City Assesors, thus adversely impacting the Taxable Value. 

Out of 13 comparable properties, which have sold over the past 36 months, mine was the 

highest assessed. (Properly tax evidence attached.) 

+7289 Lamphere FS$105,900 912sf 

+7452 Chatham FS$99,900 1100sf 

+7256 Lamphere 12/22/23 $90k 990sf 

«7485 Beaverland 9/15/23 $108k 934sf 

+7650 Lamphere 8/8/23 $100k 949sf 

<7444 W Parkway 8/10/22 $65 908sf*

Page 9

+7660 Rockdale 5/17/21 $50k 886sf 

+7238 Beaverland 4/30/21 $62k 900sf* 

To help remedy this matter 

| have selected 5 comparable properties purchased at or aroundabout the 

same time 

| bought my home. The Poor condition of my property must also be taken into consideration, 

s0 

| have composed a list of repairs needed to make my home habitable. 

COMPARABLE SALES: 

7727 Dolphin 1/5/22 $120k 950sf 

7248 Lamphere 8/1/22 $75k 1000sf 

7444 W Parkway 8/10/22 $65 908sf 

7238 Beaverland 4/30/21 $62k 900sf 

7603 Rockdale 9/20/22 $ $71k 843sf 

Average Price: $78,600 

REPAIRS: 

Soil Grading: $1,612.50 

Plumbing: $16,387.20 

Mold Remediation: $14,635.28 

Electric: $5,000 

Gutters: $1,062 

Kitchen: $15,000 

Bath: $10,000 

Egress Door: $768.81 

Windows: $1,000 

Flooring: $5,000 

Paint: $3,500 

Insulation: $2,810 

Garage: $675 

TOTAL: $77,450.79 

{Error in calculation removed} 

In spite of evidence and supporting documentation previously submitted in 2023, a reassessment and 

correction to valuation was never initiated, thus causing me to be unfairly overtaxed by a gross amount. 

| 

wish to request a refund for all subsequent years my property was assessed in error.

Page 10

Sincerely, 

Sierra ODonald.

Page 11

5/31/24, 1:41 PM 

thumbnail (456x920)

Page 12

DETROIT 

WATER & SEWERAGE 

DEPARTMENT 

WAG 

Date: 

Specific address or street: 

T 

DO Sewer inspection 

The work will not affect your home/business 

[The sewer-related issue is your responsibility 

as the property owner 

Clvou will receive a letter outlining the repairs 

you need to make to your Sewer service 

OSewer repair 

[IDuring the sewer work, please do 

not use your drains and toilets from 

to 

(using your services 

during the work may cause sewer backup) 

[dCrew may need access to your backyard if 

the sewer manhole is in your yard. 

Ocatch basin cleaning or repair 

[IPlease make sure that yard clippings, leaves 

and other debris are always cleared from 

and near the basin and put in the proper

Page 13

Detroit Water and Sewerage Department. 

Customer Servicé 

~ 

735 Randolph, Detroit, Ml 48226 

Water & Sewerage 

Department 

03-25-2024 

SIERRA ODONALD 

7743 BEAVERLAND ST 

DETROIT Mi, 48239 

Regarding: Service Request Number: 161932 

Affected Address: 7743 Beaverland, DETROIT MI, 48239 

Dear SIERRA ODONALD 

On 3/24/2024 you contacted the Detroit Water and Sewerage Department (“DWSD") 

about property damage or personal injury allegedly caused by the DWSD sewerage disposal 

system, Michigan Law* requires you to submit a written Notice of Claim to the DWSD 

within 45 days from the day you discovered the damage or injury, and your written notice must 

include the following information: 

1) Name, address and telephone number 

2) The address of the affected property 

3) The date of discovery of any property damages or physical injuries 

4) A brief description of the claim. 

Please provide this information on the DWSD's website at detroitmi.gov/DWSD within the required 

time frame. If you do not have access to the internet, please call Customer Service at 313-267-8000 

and we will mail you a form to submit via mail. 

Under Michigan law? a municipality may be liable for overflow or backup of a sewage disposal system 

only if the following conditions are met: 

a) The governmental agency was an appropriate governmental agency. 

b) The sewage disposal system had a defect. 

¢) The governmental agency knew, or in the exercise of reasonable diligence should 

have known, about the defect. 

d) The governmental agency, having the legal authority to do so, failed to take reasonable 

steps in a reasonable amount of time to repair, correct, or remedy the defect. 

¢) The defect was a substantial proximate cause of the event and the property damage 

or physical injury. 

*MCL 691.1419

Page 14

5/31/24, 1:35 PM 

Yahoo Mail - Confirmation - Detroit Water & Sewerage DepartmentSewer Back-Up Notice of Claim 

Confirmation 

- Detroit Water & Sewerage DepartmentSewer Back-Up Notice of Claim 

From: Smartsheet Forms (forms@app.smartsheet.com) 

To: 

 Sierra_odonald@yahoo.com 

Date: 

Thursday, April 4, 2024 at 02:31 PM EDT 

Thank you for submitting your entry. A copy is included below for your records. 

Detroit Water &amp; Sewerage DepartmentSewer 

Back-Up Notice of Claim 

Did you 

enter a 

Service 

Request 

through 

No 

Improve 

Detroit 

Website? 

Customer 

First Name 

Sierra 

Customer 

Last Name 

Phone 

+1 (248) 979-0605 

Email 

Address 

Affected 

Address 

7743 

Number 

Affected 

ODonald 

Sierra_odonald@yahoo.com 

Beaverland

Page 15

5/31/24, 1:35 PM 

Yahoo Mail - Confirmation - Detroit Water & Sewerage DepartmentSewer Back-Up Notice of Claim 

Mailing 

Address 

Same as 

Above 

Date of 

Discovery of 

| 

Property 

03/24/2024 

Damages 

Date of 

Event, if 

08/25/2023 

known 

Yes 

Claim 

Description 

Reoccurring Sewage backups causing flooding and mold in 

(brief not 

basement. 

itemized) 

Powered by Smarisheet Forms 

©2024 Smartsheet Inc. 

| Contact 

| Privacy Policy 

| User Agreement 

| Report Abuse/Spam

Page 16

5/31/24, 1:36 PM 

Yahoo Mail - Confirmation - Detroit Water & Sewerage DepartmentSewer Back-Up Notice of Claim 

Confirmation - Detroit Water & Sewerage DepartmentSewer Back-Up Notice of Claim 

From: 

To: 

Date: 

Smartsheet Forms (forms@app.smartsheet.com) 

Sierra_odonald@yahoo.com 

Thursday, May 16, 2024 at 04:37 PM EDT 

Thank you for submitting your entry. A copy is included below for your records. 

Detroit Water &amp; Sewerage DepartmentSewer 

Back-Up Notice of Claim 

Did you 

enter a 

Service 

Request 

through 

Improve 

Detroit 

Website? 

Service 

Request 

165708 

Number 

Yes 

Customer 

First Name 

Sierra 

Customer 

Last Name 

Phone 

+1 (248) 979-0605 

Email 

Address 

Affected 

ODonald 

Sierra_odonald@yahoo.com

Page 17

5/31/24, 1:36 PM 

Yahoo Mail - Confirmation - Detroit Water & Sewerage DepartmentSewer Back-Up Notice of Claim 

Affected Zip 

Code 

48239 

Mailing 

Address 

Same as 

Yes 

Above 

Date of 

Discovery of 

Property 

05/07/2024 

Damages 

Date of 

Event, if 

05/07/2024 

known 

Claim 

Sewage backed up in basement causing mold & illness. An 

Description 

easement rodder is needed to reach my home per DWSD 

(brief not 

investigation but was one was not available at the time. 

itemized) 

Massive tree roots, fence & powerline. 

Powered by Smartsheet Forms 

©2024 Smarisheet Inc. 

| Contact | Privacy Policy 

| User Agreement 

| Report Abuse/Spam

Page 18

5/31/24, 1:48 PM 

(50,239 unread) - sierra_odonald@yahoo.com - Yahoo Mail 

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thumbnail (810%1080)

Page 21

r on] 

Blue Cross 

® 

® 

of Michigan 

Enrotiee Name 

SIERRA R ODONALD 

Enrollee ID 

XYU993156148 

Group Number 

00277723 

002043

Page 22

STATE OF MICHIGAN 

GRETCHEN WHITMER 

DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS 

MARLON 

|. BROWN, DPA 

GOVERNOR 

LANSING 

DIRECTOR 

[ELLA 

OVA) 

MICHIGAN TAX TRIBUNAL 

Petitioner(s) 

\Y 

MTT Docket No. 

Cy 

of Dereor 

: 

Respondent(s) 

PROOF OF SERVICE 

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states that on Fryad. My 3), 02§ he/she 

[Mame of person serving/mailing petition] 

[daté of sérvice] 

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Nic stave to the above-captioned matter upon: 

[Provide name and address of the party/people being served] 

Ciny of Dereort 

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