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Article Addressed to:
Catherine Jean Hinshaw
423 Ash Dr.
Carmel, IN 46032
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PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540
UNITED STA'1f&,P r35T," �
41'�f
1.4 JUN 20C17 PTA
0 Sender: Please print your name, adldress, and ZI
City of'Cannel
Building smd Code Diforcernent
011c Civic Square
Cannel, IN 46,032
this box 0
J11i'l N i hill B.- hi i
City
DEPARTMENT OF COMMUNITY" SERVICES
Division of Building and Code Services
VIA CERTIFIED MAIL
June 8, 2007
Catherine Jean Hinshaw
423 Ash Dr.
Carmel, IN 46032
RE: CARMEL CITY CODE VIOLATION — ILLEGAL DISCHARGE
Dear Ms. Hinshaw:
This letter is being provided to inform you that it has recently been brought to the City's
attention that at 423 Ash Dr., a property listed under your ownership, an illegal discharge
exists on the property. It is a violation of Carmel City Code §6-222 which states:
ILLEGAL DISCHARGE. An open discharge of a Private Drainage System or Private
Outlet, an Illicit Connection or Illicit Discharge per Carmel City Code Section §6-180
through §6-209, as amended; or is closer than 25-feet from the property or
easement line and/or onto a non -absorbent surface or causes, creates or results in or
represent the potential to cause, create or result in a Detriment.
The sump pump/downspout outlet discharges onto a neighboring property which is in
violation of Carmel City Code. Please relocate the outlet so that it gains compliance with
the code by June 30, 2007. 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.
Respectfully, c
Kevin Brennan
Code Enforcement Officer
Department of Community Services
Cc: File:00001125
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417
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Parcel No: 16-10-30-04-12-008.000 —
(� C
Deeded Owner: Hinshaw, Catherine Jean
Owner Address:
423 Ash Dr
CARMEL, IN 46032
Property Address:
423 Ash Dr
Carmel, IN 46032
Legal Description: CARMEL VILLAGE 90 X 132.5 A 8121/91 !FROM CUMMINGS. IMTG-9121872 3130/95 FRM MINOR
Section/Township/Range: 30/18/04 —
Subdivision Name: CARMEL VILILAGIE
Block:
Deeded Acres: D -
Political Township: Clay
Lot Number(s): 44
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Joyce-
P-
May 24, M C e kc
Joe Hinshav Ile
423 Ash Dr'
Cannel, IN
RE: Sure C-0
Dear Mr. F � a
The City of Carmel Engineering Department sent a letter io yutu ! after
learning that your sump pump outlets directly onto your neighbor's, property at 435 Ash Drive. The City
has recently been made aware that your sump pump discharge was not relocated as requested. 'The current
location of your sump pump appears to still be contributing to standing water on an adjacent property. The
location of the discharge violated City Policy in 2002,and now is in violation of City Code. The City must
require you to relocate your sump pump outlet to comply with City Code §6-222 (g) (10) and §6-222 (g)
(12). Failure to comply with this request could result in ordinance violations and fines per Code § 6-220
(f). An inspector will visit your property in 30 days to verify that the sump pump outlet has been
relocated as required by this letter.
Thee most preferred method of correcting this situation would be to, connect your sump pump outlet
pipe directly to the nearest City storm sewer structure. This change would eliminate the occurrence of wet
areas and standing water that usually exist when the sump pump discharge outlets to the surface of the
ground. Approval from this Department would need to be obtained prior to connecting to the City's storm
sewer, a bonded contractor must make the connection, and one of our Inspectors must be present when the
connection is made.
If a storm sewer structure is not easily accessible, sump pump outlet pipes and other private
drainage outlets must be located so that the discharge point is a minimum of 25 feet from any property
line or easement line. The outlet location should be chosen in a manner that will allow for an acceptable
amount of positive fall away from the outlet so that an area of standing water is not created.
The Carmel Engineering Department would be happy to help you in selecting the best means of
correcting this situation in order to comply with the existing standards. if you have any questions, please
feel free to call the City of Carmel Departqent of Engineering at 571-244 1.
Assistant
cc: Ricp Sharp, Councilor, District One
Kevin Brennan, Code Enforcement
Libby Pickett, Public Works Coordinator
DEPARTMENT OF ENGINEERING
ONE CIVIC SQTJAIU-, CARMEL, IN 46032 OFFicE 317.571.2441 FAx 317.571.2439
EMAIL engjneehng@ci,carme1.in.u5
JAmEs BRAiNARD, MAYoR
September 26, 2006
Joe Hinshaw
423 Ash Drive
Carmel, IN 46032
Sump Pump Discharging At. Unacceptable Location; Final Notice
Representatives from the City of Carmel Engineering Department recently met with you at your
property, located. at 423 Ash Drive, after learning that your sump pump still outlets directly onto the
adjacent: property at 435 Ash Drive. As we discussed on August 22, 2006, the current location of your
sump pinup appears to be contributing to standing water on an adjacent property. The location of the
disci is in violation of City Code and longstanding City policies. The City requires you to relocate
your sump pump outlet to comply with City Code §6-222 (g) (10) and §6-222 (12), copies of which are
enclosed far your reference. Failure to comply with this request will result in ordinance violations and
possible enforcement action and/or Enes per Code § 6-220 (f). An inspector will visit your property in
30 days to verify that the sump pump outlet has been relocated as required by this letter.
Per our discussion on August 22, 2006, sump pump outlet pipes and other private drainage outlets
must be located so that the discharge point is a minimum of 25 feet from any property line or easement
line. 'The outlet location should be chosen in a manner that will allow for an acceptable amount of positive
fall away from the outlet so that an area of standing water is not created. However, the City recognizes that
due to the location of the swimming pool in your rear yard, it is not possible to achieve 25 feet from both
the side and rear property lines. Therefore, the most acceptable method for correction would be to
discharge your sump pump 25 feet away from the side (southern) property line, and at a point as far from
your eastern property fine as possible at the location we reviewed during our on -site meeting. It appears
that the grade of your rear property line will allow .for the conveyance of surface water across your
property -
Per your request, the City will also ask that the 4acent property owner bring their sump pump
outlet into compliance. Thank you for your cooperation with this issue. If you have any questions, please
contact me at the City of Carmel Department of Engineering at 571-2441.
S' ly
P.E.'
,4ssistant C'
cc: ck Sharp, Councilor, District 14
Kevin Brennan, Code Enforcerrremt
Roger and Joyce Brumbaugh, 435 Ash Drive
DERARTmENT of ENGINEERING
ONE CWTC SQUAM, CARMEL, IN 46032 'QI ncr, 317.57 1 .2441 FAX 317.571.2439
MAIL engineering@carmel.in.gov
SPONSORS: Councillors Carter, Sharp and Glaser
III. Required minimum window area of every habitable space is entirely above the grade adjoining such
window areas; and
iv. Means of egress and emergency escape are provided in accordance with this Code.
(9) Basement Flooding. The City shall assume no liability for basement flooding.
(10) Sump Pump systems, meeting the requirements of a Sump Pump as defined in this Code, shall be discharged as
a Legal Connection or a Legal Discharge.
(11) Condensate from basement or other level dehumidifiers and air conditioning units may be discharged as a Legal
Connection or a Legal Discharge meeting the provisions of this Code.
(12) Discharges generated from basement or other level toilets, sinks, showers, washing machines, water softener
discharge, floor drains and/or garage floor drains shall be legally connected, either by a gravity system or a
pumped system independent of any Sump Pump systems, to the Sanitary Sewer System.
§6.223 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
(a) General
(1) Bg pe. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and
space for occupying a structure.
(2) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in
compliance with these requirements. A person shall not occupy as owner -occupant, or permit another person to
occupy, any premises that do not comply with the requirements of this chapter.
(3) Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Intemational Building Code or international Residential Code shall be
permitted.
(b) Light
(1) Habitable Spaces. Every habitable space shall have at least one window of approved size facing directly to the
outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor
area of such room. Wherever walls or other portions of a structure face a window of any room and such
obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling
of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be
included as contributing to the required minimum total window area for the room.
Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an
adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area
of the interior room or space, but not less than 25 square feet (2.33m2). The exterior glazing area shall be
based on the total floor area being served.
(2) Common Halls and Stairways. Every common hall and stairway in residential occupancies, other than In one- and
two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each
200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not
be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior
means of egress stairways shall be illuminated at all times the building space served by the means of egress is
occupied with a minimum of 1 foot-candle (11 lux) at floors, landings and treads.
(3) Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance
of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and
fixtures.
Ordinance D-1803-06
Page Twenty of Thirty- Three Pages
This document prepared by: City of Carmel Departments of Community Services and Engineering.
Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk -Treasurer's Office on April 17, 2006. Any changes thereafter made to this
document are the sole responsibility of the document sponsor.
SPONSORS: Councillors barter, Sharp and' Glaser
145 (e) Approval of Modlificationa
146
147 (1) Modifications. Whenever there are practicaldifficulties involved in carrying out the provisions of this code, the
148 Code Enforcement Official shall have the authority to grant modifications for individual cases, provided the
149 Code Enforcement Official shall first find' that the practical difficulty makes the strict letter of this code
ISO impractical and the modification Is in compliance with the intent and purpose of this code and that such
151 modification does not lessen health, fife and fire safety requirements. The details of action grannting
152 modification shall be recorded and entered in tine department files.
153
154 M Vloiations
155
156 (1) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of
157 the provisions of this code.
158 (2) Notice of violation. The Code Enforcement Official shallserve a notice of violation ("Correction Order) in
159 accordance with §6-220(g) of this code.
160 (3) Prosecution of violation.. ,Any person falling to comply with a notice of violation or correction order served In
161 accordance with §6- U(g) of this Code shall be deemed guilty of a violation of this code and the violation
162 shall be deemed a strict liability offense. If the correction order is not complied with, the Code Enforcement
163 Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation,
164 or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions
165 of this code or of the order or direction made pursuant thereto.
166 (4) Violation penalties. In addition to any injunctive relief which may be sought, any person who shall violate a
167 provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be fined on the
168 first offense of a violation of this code, a fine of $50. .. Each day that a violation continues after due notice
169 has been served shall be deemed a separate offense subject to a dailiy fine of $50.00 per day..
170 (5) Repeat Offenses. Any person who is found to have committed a separate offense of this code after having
171 been found to commit an earlier offense no sooner than thirty (30) days but within a two (2) year, period shall
172 be assessed a fine of $100:00 per offense. The purpose of this provision is to double the fares assessed
173 against those persons.
174 (6) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City from
175 Instituting appropriate action to restrain, correct or abate a violation or to prevent illegal occupancy of a
176 building, structure or premises, or to stop an Illegal act, conduct, business or utilization of a building_ , structure
177 or premises.
178 (7) The City may direct the Owner or Responsible Party to restore all' improvements to the original design
179 condition, alter the Improvement to remedy the violation or remove the improvement if determined to be In
ISO violation or represent the potential to be in violation of this Code. 'For Private Drainage Systems, the City may
181 request alterations to the Improvement that may result In an increase or reduction in capacity (collection,
192 storage and conveyance capacity). Violations shall be remedied to the satisfaction, of the City.
183 (8) In the event that the Owner or Responsible Party fails to remedy the violation within the time frame stipulated
184 iin the notice, the City reserves the right to remedy the violation and collect such costs together with
185 reasonable attorney fees, consultant fees and the collection fees by suing the Owner or Responsible Party In
186 a court of competent jurisdiction or in the alternate, by certifyiing said cost of correction as any other special
187 assessment upon the premises from which said remedy of said Violation was made.
188 (g) Noliic a and Orders
189
190 (1) Warning Citation. It is the policy of the City of Cannel to use fair and reasonable judgment in the
191 administration of Its enforcement actions. To this end, a Warning' Citation may be issued for a violation of this
192
193 Ordinance D-1803-06
194 Page Fora of Thkty-Tbree Wages
This document prepared by: City of Carmel Departments of Community Services and Engineering.
Reviewed by. City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk -Treasurer's Office on April 17, 2006. Any changes thereafter made to this
document are the sole responsibility of the document sponsor.
A
September 26, 2006
Roger and Joyce Brumbaugh
435 Ash Drive
Carmel, IN 46032
J.AmEs BRAINARD, MAYOR
RE: Sump Pump Discharging At Unacceptable Location; Ref. # 030005814
Dear W. and Mrs. Brumbaugh:
Representatives from the City of Carmel Engineering Department recently met with you at your
property, located at 435 Ash Drive, in response to your concerns regarding standing water on your property
from the sump pump discharge of the adjacent property. As we discussed on August 22, 2006, the current
location of your sump pump appears to be in violation of City Code. The City must require you to relocate
your sump pump outlet to comply with City Code §6-222 (g) (10) and §6-222 (g) (12), copies of which are
enclosed for your reference. Failure to comply with this request will result in ordinance violations and
possible enforcement action and/or fines per Code: § 6-220 (f). An inspector will visit your property in
30 days to verify that the sump pump outlet has been relocated as required by this letter.
Per our discussion on August 22, 2006, sump pump outlet pipes and other private drainage outlets
must be located so that the discharge point is a minimum of 25 feet from any property tine or easement
line. The outlet location should be chosen in a manner that will allow for an acceptable amount of positive
fall away from the outlet so that an area of standing water is not created.
Thank you for your cooperation with this issue. If you have any questions, please contact me at
the City of Carmel Department of Engineering at 571-244 1.
GVy Duncanp.E.
Assistant Citt Engh
cc: hick sharp, councilor, I)Istnct one
Kevin Brennan, Code Enforcement
Joe Hinshaw, 423 Ash Drive
DEPARTMENT of ENGINEEWING,
ONE CIVIC SQUARL, CARMEL, IN 46032 OF-TICE 317-571.2441 FAX 3a'7.571.2439
ETWAIL engineering0carmelan.gov
SPONSORS, Councillors Carter, Sharp and fil er
91:9 M. wired minimum window area of every habitable space is entirely above the grade adjoining such
920 window areas; and
921 iv. Means of egress and emergency escape are provided In accordance with this Code.
922 (9) Bit Flooding. The City shall assume no liability for abasement flooding.
923 (10) Sump Pump systems, meeting the requirements of a Sump Pump as defined In this Code, shall be discharged as
924 a Legal Connection or a Legal Discharge.
925 (1 t) Condensate from basement or other leveldehumidifiers and air conditioning units may be discharged as a Legal
926 Connection or a legal Diackirge meeting the ',provisions of this Code.
927 (12) Dibom basement or ether level toilets, sinks, showers, washing machines, water softener
923 discharge, floor drains and/or garage floor drains shall be (legally connected, either by a gravity system or a
929 pumped system independent of any Sump Pump systems„ to the Sanitary Sewer System.
930
931 §G-M ILIGHT, VENTILA11ON AND OCCUPANCY LIMITATION
932
933, (a)
934
935 (11) Sco, The provisions of this chapter shall govern the minimum conditions and standards for tight, ventilation and
936 :fie foroomuWirrg a structure.
937 (2) iapjM slblllly. The owner of the structure shall provide and maintain light, ventilation and space conditions in
938 compliance with these requirements. A personshall not occupy as owner -occupant, or permit another person to
939 occupy, any premises that do not comply with the requirements of this chapter.
940 (3) , tative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or
941 mechanical ventilation complying with the lnfemaffanal Building Code or International Residents! Code shall be
942 permitted.
943
944 (b) Ught
945
946 (1) Habitable SrAaces. Every habitable space shall have at least one window of approved size facing directly M the
947 outdoors or to a court. The minimum total glazed area for every habitable space shall be l3 percent of the floor
948 area of such room. Wherever walls or other portions of a structure face a window of any room and such
949 obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling
950 of the room, such window shall' not be deemed to face directly to the outdoors nor to a court and shall not be
951 Included as contributing to the required minimum total window area for the room.
952 : Where natural light for rooms or spaces without exterior glazing areas is provided through an
953 adjoining room, the unobstructed opening to the adjoining room shall be at least 6 percent of the floor area
954 of the interior room or space, but not less than 25 square feet (2.33m2). The exterior glazing area shall be
955 based on the total floor area being seared.
956 (2) Common Halls and Stairways. Every common hall and stairway in residential occupancies, other than in one- and
957 two-family dwellings, shy be lighted at all times with at least a 64-watt standard incandescent light bulb for each
958 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not
959 be greater than 30 feet (91'44 mm). In other than residential occupancies, means of egress, including exterior
960 means of egress stairways shall be illuminated at all times the building space seared by the means of egress is
961 occupied with a minimumi of i foot-candle (11 lux) at floors, landings and treads.
962 (3) Cltlrer Spaces AN other spate shall be provided with natural or artificial light sufficient to permit the maintenance
963 of sm*aiy conditions, and the safe occupancy of the space and utilization of the appliances, equipment and
964 fixtures.
965
966 Ondiamoe D-1903-06
967 P4W Twenty of Thirty- Three is
This document prepared by: City of Carmen Departments of Community Services and Engineering.
Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk -Treasurer's Office on April 171 20D6. Any changes thereafter made to this
document are the sole r esponsIbbRity of the document sponsor..
SPONSORS: Counclillors Carter, Sharp and Glaser
145 (e) AaR val of ModIffications
146
147 (1) Modifications. Whenever there are practical difficulties involved in canying out the provisions of this code, the
148 Code Enforcement Official shall have the authority to grant modifications for individual cases, provided the
149 Code Enforcement Official shall first find that the practical difficulty makes the strict letter of this code
ISO impractical and the modification is in compliance with the intent and purpose of this code and, that such
151 modification does not 'lessen health, We and fire safety requirements.. The details of action granting
152 modification shall be recorded and entered in the department files.
153
154 (f) Violations
155
156 (1) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of
157 the provisions of this code.
158 (2) Notice of violation. The Code Enforcement Official shall serve a notice of violation f Correction Order) in
159 accordance with §6-220(g) of this code.
160 (3) Prosecution of violation. Any person faiiling to comply with, a notice of violation or correction order served in
161 accordance with §6-220(g) of this Code shall be deemed guilty of a violation of this code and the violation
162 shall be deemed a strict liability offense. If the cone Lion order is not compiled with, the Code Enforcement
163 Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation,
164 or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions
165 of this code or of the order or direction made pursuant thereto.
166 (4) Violation penalties. in addition to any injunctive relief which may be sought, any person who shall violate a
167 provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be fined on the
168 first offense of a violation of this Vie, a Erne of $50.00. Each day that a violation continues after due notice
169 has been served shall be deemed a separate offense subject to a daily fine of $50.00 per day.
170 (5) Repeat Offenses. Any person who is found to have committed' a separate offense of this code after having
171 been found to commit an earlier offense no sooner than thirty (30) days but within a two (2) year period shall
172 be assessed a fine of $100.00 per offense. The purpose of this provision is to double the fines assessed
173 against those persons.
174 (6) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City from
175 Instituting appropriate action to restrain, correct or abate a violation or to prevent illegal occupancy of a
176 building, structure or premises, or to stop an illegal act, conduct, business or utilization of a building, structure
177 or premises.
178 (7) The City may direct the Owner or Responsible Party to restore all Improvements to the original design
179 condition, alter the Improvement to remedy the violation or remove the improvement If determined to be in
180 violation or represent the potential to be in violation of this Code. For Private Drainage Systems, the City may
181 request alterations to the Improvement that may result in an Increase or reduction in capacity (collection,
182 storage and conveyance capacity). Violations shall be remedied to the satisfaction of the City.
183 (8) In the event that the Owner or 'responsible Party falls to remedy the violation within the time frame stipulated
184 In the notice, the City reserves the right to remedy the violation and collect such costs together with
185 reasonable atb mey fees, consultant fees and the collection fees by suing the Owner or Responsible Party In
196 a court of competent jurisdiction or in the alternate, by cerWng sold costs of connection as any other special
187 assessment upon the premises from,which said rerned'y of said violation was made.
188 (g) Notice and Orders
189
190 (1) Warning Citation. it is the policy of the City of Carmel to use fair and reasonable judgment in the
191 administration of its enforcement actions. To this end, a Warning Citation may be Issued for a violation of this
192
193 Ordhmce D-1803-06
194 Page Four of Thirty -Three Pages
This document prepared by: City of Carmel Departments of Community Services and Engineering.
Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk -Treasurer's Office on April 17, 2006. Any changes thereafter made to this
document are the sole responsibility of the document sponsor.
OF
of k�ity k..arme
I 44-r6t-,-� 1�
DEPARTMENT OF ENGINEERING
ju-ne 27, 2002
Joe Hinshaw
423 Ash Drive
Carmel, IN 46033
RE: Sump Pump Discharging At Unacceptable Location
Dear Mr. Hinshaw:
The Carmel Engineering has become aware that your sump pump outlets directly onto your
Y at 35 Engineering
Drive This manner of discharging sump pump, drainage contradicts the
neighbor's property - CitV7
standard practices of e pity 0, Carmel. As a result, the Engineering Department must require you to
relocate your sump pump outlet pipe to a position that conforms to the established standards.
The preferred method of correcting this situation would be to connect your sump pump outlet pipe directly
to a storm sewer structure. The second option would be simply to relocate the outlet pipe so that it
discharges into your yard at a point at least 25 feet from any property line or easement line. If this option is
implemented, the chosen outlet location should allow for maximum positive fall away from the outlet
(sloping) to avoid pooling.
The Carmel Engineering Department would be happy to help you in selecting the best means of correcting
this situation in order to comply with the existing standards. If you have any questions, please feel free to
call the City of Carmel Department of Engineering at 571-2441.
Sincerely,
Michael T. McBride
Assistant City Engineer
cc: Kate Weese, P.E., City Engineer
Z:\cng1shuedSminebride\Dminage&,Mci ComplaintA423 A.3h Drive 6-27-02,doc
ONE CIVIC SQUARE CARMFL, INDIANA 46032 3171571.2441
3755 East Sind Street
Suite 220
Indianapolis, IN 46240
Phone (317) 598-45z9
Fax (317) 598-4530
www.nbblaw.com
Jane Callahan, Adfilaii,ftaft.r
Mary Myers, Upl &smt-,
l`N'E-WTON �BECKER: BOUWKAM P
A I t a r n e y s a t Law L a :k a C 1 9 a r w a I e r
December 21, 20,06
Gary Duncan, Assistant City Engineer
City of Carmel
One Civic Square
Carmel, IN 46032
Re: 435 and 423 Ash Drive, Carmel, Indiana
Dear Mr. Duncan:
M. Kent Newton
Atw admitted in District of CulumN
Regi-te-d Mediav), and Ahirrarar
Carl J. Becker
AW, admiimJin N—h Carolina
Alan A. Bouwkamp
Judith Vale Newton
Lana Lennington Pendoski
A:- admitted in Tcrawwv
Leah Brownfield, f'amh al
Courtney Haines, Pa.V gm
I left you a couple of messages regarding the above -referenced properties but have not
received a response to my calls. As I indicated in my message, I was contacted by Roger
and Joyce Brumbaugh due to their continued and increasing frustration with the city's
failure to enforce code violations that have impacted the use and value of their property.
]Me Brumbaugh,s' have been attempting to deal with the discharge of water onto their
property located at 435 Ash Drive from the property owned by Joe Hinshaw at 423 Ash
Drive for approximately 6 years. Mr. Hinshaw positioned a hose from his drainage
system to discharge water onto the Brumbaugh's property.
It is any understanding that while the discharge line has been buried by Mr. Hinshaw and
is no longer an above ground hosedumping the drainage onto the Brumbaugh's property,
it is still in violation of the requirement that the discharge point be a minimum of 25 feet
from any property or easement line. Despite the letter sent by the Department of
Engineering to him on September 26, 2006, Mr. Hinshaw has failed to correct the
situation and the Brumbaugh's continue to be forced to deal with the effects that the
violation is having on their property.
I ask that immediate action be taken to rectify this situation. When an issue was raised
with the Brumbaugh's regarding their property's compliance with the code, they
immediately fixed the problem but, contrary to the letter they received from the
Department of Engineering, no, one has visited their property to confirm their compliance.
Likewise, no one has visited Mr. Hinshaw's property ensure he is in compliance. Six
years is long enough and they no do not want to deal with this issue any longer.
Thank you for your attention to this matter.
Sincerely,
cc: DougII50aney (via fax/571-2484)
Rick Sharp, Councilor District One (via e-mail)
Kevin Brennen, Code Enforcement (via fax/571-2499)
Roger and Joyce Brumbaugh
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Drainage — 435 Ash Drive
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View looking east between properties.
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-if-e irence_
Standing water on Brumbaugh's property line. (Ref #030005814)
View looking west between properties.
Sump pump outlet pipe from 423 Ash Drive is still located on property line.
PBntaTation ACTion!! Item # 030005814
Item Status 5
Complaint#020516-1. Joe Hinshaw (423 Ash) sump pump
Source: CALL
ACTion Code: ENSUMP
Date Reported: 05/16/02 1148
Due Date: 06/13/02
Customer Information
----------------------
Roger & Joyce Brumbaugh
435 Ash Drive
Carmel, IN
Telephone: 846-6761
Assigned To:
Date,
Referral
Priority:
2
Incident information
-----------------------
Roger & LindaBrumbaugh
439 Ash Drive
Carmel, IN
Subdivision:
CARMEL VILLAGE
Request Description
Initial- Complaint#020516-1. Joe Hinshaw (423 Ash) sump pump
draining onto the Brumbaugh's yard
Response: 5-24-06- Mailed a letter to Mr. Hinshaw. Move sump pump, it
is now in violation of City Code (new property maintenance
code passed). :Gave him 30 days to fix. Copied Code Enf.,
Rick Sharp & the Brumbaugh's.
Closing: Mike and Judy wrote letter to the Hinshaw's informing them
that they need to relocate their sump pump outlet.
(6/27-02)
Follow Up: Brumbaughs came to En( ineering. Asked for cop,y.of City
ordinance governing d7schargeof water onto neighboring
properties. Judy said we don't have a sump pump discharge
ordinance at this time or any other ordinance regarding
water discharge issues in neighborh000ds. Brumbaughs said
their attorney had recommended they obtain a copy of the
Ordinance. At that time Judy asked them to complete a
Request for Public Information form to be forwaded to DOL�.
Internal:
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Pentamation ACTion!! Item # 030005814
Item Status 5 Source: CALL
Complaint#020516-1. Joe Hinshaw (423 Ash) sump pump
ACTion Code: ENSUMP
Date Reported: 05/16/02 1148
Due Date: 06/13/02
Customer Information
------------------
Roger & Joyce Brumbaugh
435 Ash Drive
Carmel, IN
Telephone: 846-6761
Assigned To:
Date:
Referral
Priority:
2
Incident Information
-----------------------
Ro er &-hwlrff�Brumbaugh
43? Ash Drive
Carmel, IN
Subdivision:
CARMEL VILLAGE
Request Description
-------------------
Initial: Complaint#020516-1. Joe Hinshaw (423 Ash) sump pump
draining onto the Brumbaugh's yard
Response: 5-24-064 Mailed a letter to Mr. Hinshaw. Move sump pump, it
is now in violation of City Code (new property maintenance
code assed). Gave him 3,0 days to fix. Copied Code Enf.,
Rick harp & the Brumbaugh's.
Closing: Mike and Judy wrote letter to the Hinshaw's informing them
that the need to relocate their sump pump outlet.
(6/27-0ff
Follow Up: Brumbaughs came to Engineering. Asked for copy of City
ordinance governing discharge of water onto neighboring
properties. Judy said we don't have a sump pump discharge
ordinance at this time or any other ordinance regarding
water discharge issues in neighborh000ds. Brumbaughs said
their attorney had recommended they obtain a copy of the
Ordinance. At that time Judy asked them to complete a
Request for Public Information form to be forwaded to DOL.
Internal:
A3
ap nX
Pentam.ation
ACTion!! Item # 030005814
Item Status 1
*** Complaint#020516-1. Joe Hinshaw (423 Ash) sump pump ***
Source: CALL
ACTion Code: ENSUMP
Date Reported: 05/16/02 1148
Due Date: 06/13/02
Customer Information
Roger & Linda Brumbaugh
435 Ash Drive
Carmel, IN
Telephone: ( ) 846-6761
Assigned To:
Date:
Referral
Priority:
2
Incident Information
Roger & LindaBrumbaugh
435 Ash Drive
Carmel, IN
Subdivision:
CARMEL VILLAGE
Request Description
-------------------
Initial: Complaint#020516-1. Joe Hinshaw (423 Ash) sump pump
draining onto the Brumbaugh's yard
Response:
Closing: Mike and Judy wrote letter to the Hinshaw's informing them
that the need to relocate their sump pump outlet.
(6/27-02�
Follow Up: Brumbaughs came to Engineering. Asked for copy of City
ordinance governing discharge of water onto neighboring
properties. Judy said we don't have a sump pump discharge
ordinance at this time or any other ordinance regarding
water discharge issues in neighborh000ds. Brumbaughs said
their attorney had recommended they obtain a copy of the
Ordinance. At p
that time Judy asked them to complete a
Request for Public Information form to be forwaded to DOL.
Internal:
CITY OF CARMEL, INDIANA
Request For Records Pursuant To Indiana Access To Public Records Act
(I.C. 5-14-3-1, et sea., as amended)
I, o �e�p
Mn
hereby request of the City of Carmel,
(na
Indiana, the right to inspect and copy the following records:
aW f)r tat1d-e-" _O r'- 0 Vi tt-4 'c�r\Csu'(1i\6y C\Llrir%:Poo( ed -
Dated this -ZZ) day of c:) um e , 200S-.
The City may provide me with its response to this request:
)& By telephone at 3 / -2 - &Lt to - t 7 1.1
❑ By facsimile transmission at
,$ By maid at a (9sk Sri 00- AXn-%&( 1 >J 44,032
❑ Other '
Received by:
Signature:
Printed Name and City Department:
Sent to Legal Department for response on:
Received by Legal Department_on:
m. on 200.
[C:1D0cumcnts and Sea tin&jstoh1ce Local Scttings%Tcmporary Intemct Fi1cs%0LK51F0RA1 Records Rcquest.doc7/7010]]
--- - --- ---O
-
r- Work Order Request
DATE:
5/1�6 "I t" "',
WORK ORDER NO: w
NAME:
dodger
ADDRESS:
0 6 N
'
PHONE NUMIdBER:
0JIN
CONCERN:
(Z DRAINAGE El CURB
El SIDEWALK ❑ OTHER
f-lsTP,EE-r
DESCRIPTION OF,CONCERN
The Brumbo0gh
having with a neighbor
INIPTED BY:
DATA
N
SOLUTION:
Ms. m.
" ..........
REFERRED TO:
No Text
City of Carmel's Dischar2e Policy
The first and most preferred method of discharging your
subsurface drain would be to connect your drainage pipe directly to
the nearest City storm sewer structure. This would eliminate the
occurrence of wet areas that usually exist when the subsurface
drain outlets to the surface of the ground. If this method is chosen,
approval from this Department would need to be obtained prior to
connecting to the City's storm sewer, and a bonded contractor
must make the connection. On occasion, we may ask you to
submit a detailed drawing to this, Department prior to granting
approval. Upon completion, please contact the Engineering
Department so that one of our Inspectors ;can verify that our
standards have been met.
The second option would be to simply locate your drainage
pipe so that the discharge point is a minimum of 25 feet from any
property line or easement line. If this option is implemented, the
outlet location should be chosen in a manner that will allow for an
acceptable amount of positive fall away from the outlet so that an
area of standing water is not created.
If you have any questions, please feel free to call the City of
Carmel Department of Engineering at 571-2441.
3755,Fast Sand Street
Suite 22.0
Indianapolis, IN 46240
Phone (317) 598-4529
Fax (3r7) 598-4530
www.nbbplaw.com
Jane Callahan, Admis.,
Mary Myers, Legal Assistant
NEWTON BECKER, OUWKAMP
P EN D 0 S K 1, P C
A t t o r n e y s a t L a w
June l3,2007
Mayor Jim Brainard
One Civic Square
Carmel, IN 46032
Re: Water issues at 435 and 423 Ash Drive, Carmel, Indiana
Dear Mayor Brainard:
M. Kent Newton
Also admitted. i. D.mct of Colb.
Registered Medi aH Arbitrator
Carl J. Becker
At.. a,dind in N.rth Carolina
Alan A. Bouwkamp
Lana Lennington Pendoski
Also zd,.ir d in Tennessee
Judith Vale Newton
Leah Brownfield, P_as.i
Courtney Haines, PLpi
Thank you for your repeated follow up to my telephone calls and letters. Unfortunately, at
the risk of sounding like a broken record, neither I nor Mr. and Mrs. Brumbaugh have
received the courtesy of a response or any kind of feedback from those who are responsible
for enforcing the codes of the City of Carmel. Mr. and Mrs. Brumbaugh, longtime
residents of Carmel, are frustrated and cannot understand why the city has been non-
responsive to a simple request that it enforce compliance with its own code.
Once again, Mr. and Mrs. Brumbaugh request that their repeated entreaties to the city to
enforce its code be heard and that the courtesy of a response be given to them rather than
the absolute silent treatment they have been afforded over the past many months.
While I greatly appreciate your responsive communications, the apparent refusal of the
Code Enforcement Department to respond to Mr. and Mrs. Brumbaugh is both baffling and
would be intolerable in a private industry setting, but is mind boggling in the case of local
government.
I appreciate your attention to this matter and do not ask that you contact me or respond to
this letter. I simply ask that those responsible for code enforcement contact Mr. and Mrs.
Brumbaugh to demonstrate and explain to them how they are being served by the city.
Si
ncerely.
cc: Mr. and Mrs. Brumbaugh; K