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HomeMy WebLinkAbout00002836City f (,airrne I DEPARTMENT OF COMMUNITY SERVICES Division of Building and Code Services VIA CERTIFIED MAIL May 1, 2009 Brockway Public House 12525 Old Meridian Street Carmel, IN 46032 RE: POSSIBLE CITY CODE VIOLATION —NOISE REGULATIONS Dear Mr. Paul: This letter is being provided to inform you that it has recently been brought to the City's attention that a violation of City Code is occurring at 12525 Old Meridian Street, a property listed under your ownership. According to Carmel City Code §16-158 (a)(2): (a) No person shall play, use or operate any machine or device for the producing or reproducing of sound, including, but not limited to, loudspeakers, radios, CD players, television sets, musical instruments, phonographs and cassette players, nor any other machine or tool that ,produces sound, nor shall any person operate any motor vehicle that contains a modified or defective exhaust system, if such machine, tool or vehicle is located in or on any of the following: (1) Any public property, including any public right-of-way, highway, building, sidewalk, public space, park or thoroughfare and the sound generated therefrom is (A) audible 40 feet or more from its source, or (B) is at a level of 90 decibels or more when measured on a dB(A) scale from a distance of not less than six feet from its source; or (2) Any private property and the sound generated therefrom is (A) audible 40 feet or more outside of said private property line, or (B) is at a level of 90 decibels or more when measured on a dB(A) scale from a distance of not less than six feet from said private property line. This information has been provided to you as the result of a complaint from, an apartment resident. Please be aware: that, should the complaints persist, the City of Carmel will be forced to document the noise ordinance violation and proceed with further enforcement action. Respectful Bryan W. ohl Code Enforcement Inspector City of Carmel Cc: 00002836 ONE CIVIC SQUARE CARNML, INDIANA 46032 317/571-2417 Lux, Pamela K From: Jared Josleyn Dwjosley@iupui.edu] Sent: Monday, April 27, 2009 11:29 AM To: Lux, Pamela K Cc: Pohl, Bryan W Subject: Re: Complaint Thanks On Apr 27, 2009, at 11:24 AM, Lux, Pamela K. wrote: > Dear Jared- > I am sorry you are having this problem. The City does have a Noise > Ordinance. I will ask Bryan Pohl/Code Enforcement Inspector -to look > into this problem for you. Bryan is not in our office today, but > should return tomorrow morning. I checked with one of our other > inspectors, who advised you have the option to call the Carmel Police. > They can investigate and ask the establishment to turn the music down. > If you have any questions, please do not hesitate to contact our > office via email or call at 571-2444. > Thank you, > Pam Lux > Building and Code Services >-----Orig.inal Message ----- > From: Jared Josleyn [mailto:jwjosley®iupui.edu] > Sent: Saturday, April 25, 2009 12:14 AM > To: Lux, Pamela K > Subject: Complaint > Zoning Commission, > I would like to submit a complaint regarding Brockaway Pub located at > 12525 Old Meridian Street, Carmel, IN is in violation of Carmel's > Zoning ordinance regarding businesses and their noise levels when > located in a residential zoning area. Brockaway Pub is located under > Providence at Old Meridian Apartments. The Pub continually has bands > and proceeds to continue to open all of the windows and play music at > the highest decibel level until 2:00 or 3:00 am. As a resident, I > have taken my concerns to the apartment management; however, they have > gone unnoticed. I am now bringing my complaint to your office. If > there is no effective remediation for this problem, I will be forced > to consider my legal options as it pertins to the apartment complex > and the zoning board allowing this type of business to operate without > contraints within a residential area. I find it ridiculous that my > tenant and citizen rights are being invaded by another commercial > tenant who may or may not be properly zoned to be operating in this > manner. Thank you for your concern and I look forward to hearing from > you. > > Jared Josleyn > 2L Law Student > jwjosley®iupui.edu > 317-657-7580 Jared Josleyn 2L Law Student jwjosley@iupui.edu 1 317-657-7580 Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report 1. report type 2. property search 3. view reports 000v '293 Reset new search general parcel info. spring tax statement tax payments i property card fall tax statement Disclaimer: The information available through this program is current as of 4/1/2009. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the inl provided by different reports may not match. All information has been derived from public records that are constantly undergoing change warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 16-09-26-00-00-016.002 State Formatted Parcel No: 29-09-26-000-016.002-01 Property Address: Deeded Owner: KRG Hamilton Crossing LLC 0 Pennsylvania Rd Owner Address: CARMEL, IN 46032 30 Meridian St S Ste 1100 INDIANAPOLIS , IN 46204 Legal Description: 12/9/86 2.22 ACRES SPLIT OUT TO CITY OF CARMEL FOR R/W 4/19/88 FR MERCHANTS NAIL 1/5/95 SPLT TO SPR PROPERTIES 1/10/95 FR SPRINGMILL ASSOC 9501297 5/28/99 R/W SPLT CARMEL 9932355 2/1/01 FR DUKE REALTY LP 2001-4752 Section/Township/Range: 26/ 18/03 Subdivision Name: Block: Deeded Acres: 2.48 Political Township: Clay Lot Number(s): Recorded Date: 8/25/2004 The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Check the Transfer History Report for details. This application is developed and maintained by the Information System Services Department. If you have any questions or comments, r the Webmaster. © 2005 Hamilton Co. Nd 1_'ce Website Suggestions or I sues I Conditions of Use I Private Polio 1 Site Mao 1 Technical Heil HOME © 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/apps/reports/rptparcelinfo.asp? sparcetno= l 60926000001600... 4/27/2009