Odonald.pdf
Sierra R ODonald, Petitioner V City Of Detroit, Respondent · 24-003403-TT
Text extracted from the reviewed PDF, organized by page. OCR and reading order may contain errors; confirm details in the PDF below.
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
.
rdPage 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
thumbnail (810x1080) 5/31/24, 1:56 PM 1" ipGc... x_TIJouB8bS5 $5zSv72m_Gm7q3EvJC1BZeMENLVIKX_ RPacFBu1BrPis N-xG-5q0-vTHHMQH, | ==V] https://apis.mail.yahoo.com/ws/v3/mailboxes/@.id:
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 & 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 & 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 HOME MAIL NEWS FINANCE SPORTS ENTERTAINMENT LIFE SEARCH SHOPPING Vid 0 PLUS Upgrade Now Starred x = Search in starred... Advanced v ® Home Compose <Back 4 A wD Archive [EY Move Ti Delete € Spam Em EB e Ed (Rbox sic Neighbors having plumbing issues as Yahoo/Inbox BH x well. 2 ( Unread i | ) - | Starred & Sierra ODonald = Fri, May 31 at 1:46 PM * | Drafts 190 From: | sierra_odonald@yahoo.com | Sent To: Sierra ODonald 3 Archive Spam Get paid fast. Trash Aless SPONSORED BY SQUARE Views Hide Photos |) Documents £9 Emails to myself i Subscriptions El Receipts 4 Credits “= Travel Folders Hide + New Folder Candice Footman photos
Page 19
5/31/24, 1:49 PM (50,239 unread) - sierra_odonald@yahoo.com - Yahoo Mail HOME MAIL NEWS FINANCE SPORTS ENTERTAINMENT LIFE SEARCH SHOPPING YAHOO PLUS MORE... Starred x | Search in starred... Advanced v Compose <Back 4 Gh = HBT OY x * 20240408_104126jpg mL Inbox 50K Unread Starred Drafts 190 Sent Archive Spam Trash A Less Views Hide Photos [A Documents £9 Emails to myself i= Subscriptions =i] Receipts Ei Credits Yahoo Mail: Search, Organize, Conquer “3+ Travel a« @ Bo Folders Hide + New Folder Reply, Reply All or Forward Candice Footman photos
Page 20
5/31/24, 1:54 PM 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 ¢ ELA O Umees states that on Fryad. My 3), 02§ he/she [Mame of person serving/mailing petition] [daté of sérvice] served a copy of the sol insti Nic stave to the above-captioned matter upon: [Provide name and address of the party/people being served] Ciny of Dereort - Office oA fhe Assessor A \ospumed Pe Quite 130 Depo, M bs 904, Lad, A NG nature of persofivho i$ se ores copy] Be eK
Page 23
——— (VHC om if es Neype nal 0 3 mn) 45 |W Otfrwa St Lanse, LAS N. Gur Rie fren? hi T, 246% Nas 4310, SIERRA 0 0 DONALD | (2485 svg 9-0505 I Les OF | 7743 BEAVERLAND ST SHP WT: 1 |g | REDFORD M1 4g239 | | DATE: 31 "MAY ppaq | | | SUP MICHIGAN Tax TRIBUNAL | | To: 2487 N GRAND RIVER AVE 2ND FLOOR MTT 0-04 go uti © Tew = | TRACKING #: 1Z 424 975 gg 1487 2824 = iy Zo