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HomeMy WebLinkAboutCE07010009Hamilton Co., IN - Online Reports Page 1 of I k-_report type 2. Property search 3. view reports Reset new search general parcel info. Spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 1/2/2007. This program allows you to view and print certain public records, Each report reflects information as of a specific date; so the informatio different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for accuracy. It may not reflect the current information pertaining to the property of interest. Parcel No: 16-09-25-04-08-020.000 ?t,-7 O ( 1,?8 47 Property Address: 12754 Crescent DR Carmel, IN 46032 Deeded Owner: Michaelis, Roberti 6 Deborah K Owner Address: 663 Hawthorne DR Carmel, IN 46033 Legal Description: PARKSIDE VILLAGE 33.80 x 172.32 A 3/12/97 9709194 PLATTED FROM 16 09 25 00 00 016.003 12/29197 FR CP MORGAN 9756137 1117101 FR UNDERWOOD/MOSIMAN 2001-2630 SectioNTownship/Range: 25/18103 Subdivision Name: PARKSIDE VILLAGE Block: 2 Deeded Acres: 0 Political Township: Clay Lot Number(s): 37 Most Recent Recorded Date: 9/23/2002 (Recorded Date might be due to a variety of changes; such as annexation, nght-of-way, split, or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact I © 2005 Hamilton Co. We ite Suggestions or Issues I Con ij9_9_S of Use I Privacy Polk I SitoiMap I Technical Help I HOME ® 2006, Hamilton County, Indiana - all rights reserved. http: %/www.co. hamilton.in.us/apps/reports/rptparcelinfo.asp?sparcetno=160925040802000... 1 /31 /2007 Parcel Information Report ¦ Complete items 1, 2, and 3. Also complete I item 4 if Restricted Delivery is desired. ¦ Pdnt your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailplace, or on the front if space permits. 1. Article Addressed to: Robert & Deborah Michaelis 663 Hawthorne Dr. Carmel, IN 46033 CE07010009 Received by ? Agent Is delivery addrem diffemA from Rol 17/ Li YM If YES, enter delivery address below: ? No 3 Ser Type PrCertifled Mall ? Express Mail ? Registered ? Rom Receipt for Merohandise ? Insured Mall ? C.O.D. 4. RwWatad Delivery? (Extra Fee) ? Yes 2. ArtioleNumber 7007 O22O 0002 7532 0937 M n fer from sendae &boo RS Form 3811, February 2004 Domestic Return Receipt ioz5aso2 nt f5aa 1 Dear Mr. Mast. Our concern is with a portable basketball goal in our neighborhood. We believe this portable basketball goal is a public nuisance and we request that the city cause it to be removed from the public street. History Of The Issue. `Vepurchased our home (12745 Crescent Drive) last summer. At the time we moved in, the basketball goal was located immediately across the street (12754 Crescent Drive). The family at 12754 Crescent Drive owns the basketball goal. The photo below will help illustrate our concern. This photo was taken looking straight down our driveway in the late summer of 2006. As you can see by the photo, the only way to play basketball with this goal is by standing in the street. The only way for us to get out of our driveway is to back up into the area near the goal, and the only way for any of the neighbors closer to the end of the cul-de-sac to drive out of the neighborhood is past the basketball goal. This seems to us to be a violation of Carmel City Code 6-58, "No person shall play any game upon any street"_ It's also very unsafe. I'm sure you are aware of the number of kids who get run over by cars backing out of driveways. The location of this goal also encouraged kids to view our driveway and front yard as part of the "basketball court". Numerous times (well over 10) I have had to tell kids to stay out of our yard and driveway. At times I could hear a basketball hitting my garage door. Late last summer, myself and an adult male who resides in the house that owns the basketball court had a 'discussion' about this issue, and he told me he would move the goal. What they did was to move it about 20 feet down the street, so that it was (and is) still physically in the street. The Current Situation. Below is a photo taken on March 19th, 2007. The tactic that has been adopted appears to be to move the goal, wait for someone to complain, then move it 20 or 30 feet, wait for someone to complain, and so on (we've seen this go on for nine months now). Three days ago the goal was about 40 feet to the right of where it's shown in the above photo. Yesterday we had a discussion with the people who are renting the house to the right in the above photo (the one with the "for rent" sign in the yard in the above photo). They said they would get the goal moved. What that will result in we know all too well, it will be moved 20 or 30 feet in front of someone else's property. The goal is still in the street, and still in a position that can only result in kids playing in the street. Our view is that children should not be playing in the street, in fact it is illegal for them to do so. We think that children should be able to play in a safe location. One safe location is for them to play in their own driveway, side yard or backyard(s). In our subdivision one can drive around and count at least five portable basketball goals. All of the other goals are located on private property, and face where the children must play in their driveways. Our view also is that the goal is a public nuisance. The definition in Carmel City Code 6- 76 of public nuisance is... "A thing, act, occupation, condition or use of property which shall continue for such length of time as to: (a) Substantially annoy, injure or endanger the comfort, health, repose or safety , of the public; or (b) In any way render the public insecure in life or in the use of property; or (c) Greatly offend the public morals or decency; or (d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way; or (e) Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as essentially to interfere with the comfortable enjoyment of life or property." We and other neighbors are substantially annoyed, thus satisfying paragraph (a). I am personally offended when I hear kids yelling "motherf***er" while playing (paragraph (c)). When cars try to pass and kids are very slow to get out of the way, and at times move just enough so that you feel you can hardly squeeze your car through them, they are obstructing our street (paragraph (d)). When children turn my front yard into part of their playground, and despite repeated requests from me for them to stay off my property, then I feel they are interfering with the comfortable enjoyment of my life and property (paragraph (e)). I think the fact that this has been going on for nine months now satisfies the requirement that the act "shall continue for such length of time...". What action we have taken. As I've mentioned above, I had a discussion with an adult male who lives in the house late last summer. He told me he would move the goal, which he has done (several times) Each time it's been moved it's still been either in the street or placer] facing the street so that anyone using it must be in the street. We've pursued the issue with the Parkside Village HOA. They tell us they have referred the matter to your office. We've had the Carmel Police Dept. out four of five times. On one occasion we showed one of the officers Carmel City Code 6-58 "No person shall play any game upon any street", which is on the city's web site. The officer said he was previously unaware of it In any case the activity persists. Update as of 312312007. Below is a photograph taken this morning, March 23rd. As you can see, the goal has landed, once again, directly in line with our driveway. Yesterday evening there were no less than 12 children playing basketball and football. They were in other people's yards, and f watched more than once a basketball bounce off a mailbox or come very close to hitting a car that was legally parked on the street. What action we request of the city. We feel that the simplest resolution is that those responsible for the basketball goal place it on their private property, and align it in such a way that those using it must play on their property. As mentioned above, every other family that has a basketball goal in this community has chosen to do the safe and legal thing, i.e. to keep their property on their property and to have their kids play on their property. We can't think of any good reason for this family to consider themselves above the law. The city has the authority to remedy this situation by requesting the owners to remove the goal from the public street; and if they do not comply to cause the basketball goal to be removed at the owner's expense. This is the action that we request. Sincerely, John Ruthroff and Rebecca Miller ?????. City Cannel DEPARIMENT OF COMMUNITY SERWES Division of Building and Code Enforcement March 27, 2007 Robert & Deborah Michaelis 663 Hawthorne Dr. Carmel, IN 46033 RE: CITY CODE VIOLATION - PUBLIC NUISANCE Dear Mr. & Mrs. Michaelis: This letter is being provided to inform you that there is some concern regarding the portable basketball goal at 12754 Crescent Dr., in the City of Carmel, a property listed under your ownership. A simple site visit was performed on January 26, 2007 in which the following Carmel City Code violation was documented: §6-75 Public Nuisances Prohibited. No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the City. §6-76 Public Nuisances Defined. A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to: (a) Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or (b) In any way render the public insecure in life or in the use of property; or (d) Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way; or (e) Is injurious to health, or indecent, or offensive to the senses, or an obstruction to the full use of property, so as essentially to interfere with the comfortable enjoyment of life or property. The portable basketball goal is a public nuisance as defined above and, therefore, a violation of Carmel City Code and must be corrected permanently. Relocate the basketball goat immediately. After April 4, 2007, if this violation continues a daily citation may be issued for non-compliance. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. Thank you for your cooperation. Sincerely, C Kevin Brennan Code Enforcement Officer Cc: File: CE07010009 ONE CIVIC SQUARE CARREL, INDIANA 46032 317/571-2417