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HomeMy WebLinkAbout 2003.0079I � z C:3 . . . . . . . . . . . . . . . . . . a =M� al r 'v ,•� :�Y. . �y rid ", ri�.� yS �'�M%. [?\. xJ 1 X,96 AF 1 ;;gqam� a e. 1 I �9 City's Exhibit 12, Page 2 No Text No Text t 2003.0079- 2911 East 136"' Street March 23, 2004 City's Exhibit 14 City's Exhibit 14, Page 2 l r Y a�a�v�T ti � Li� City's Exhibit 14, Page 3 MIRR S i\"Ar •'z."^'�I��i :' \ may., r i_ ti - '''• ;9Ri '. /�= - _-i___.-, i __Y � may' i � r R �1,i. ..r�rP, • 1 ' � - i YZ 5� h` n.v v. { i r _✓ a 0,AR -•23 2094 City's Exhibit 14, Page 5 Page 1 of 1 Keeling, Adrienne M From: Judy Hester jjhester@shglaw.net] Sent: Tuesday, March 23, 2004 9:48 AM To: folhad@yahoo.com Cc: Haney, Douglas C; Keeling, Adrienne M; Pohlman, Jesse M Subject: Bruce Dear Arvin I received your fax. The City will not dismiss the case. The Defendants were in violation for many months, ignored the City, and told officials they would "do as they please" with their land. If in fact the land is no longer in violation, the fine will then be the main issue. I wish they would have complied and been more cooperative with the City. We'd probably be meeting for bagels instead of a court hearing if that were the case. Sincerely, Judy G. Hester Attorney for the City of Carmel The information contained in the e-mail message is privileged confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this communication or dissemination or distribution of it to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy and discard the original message. Smyth Hester & Grisham, LLP (317) 843-5566 3/23/2004 Keeling, Adrienne M From: Judy Hester Dhester@shglaw.net] Sent: Wednesday, February 18, 2004 5:28 PM To: Haney, Douglas C Cc: Keeling, Adrienne M; Pohlman, Jesse M; Kendall, Jeff A Subject: Bruce FYI. My office just called and said the fax was received from opposing counsel that all items will be out by the end of 2/24. Judy The information contained in the e-mail message is privileged confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this communication or dissemination or distribution of it to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy and discard the original message. Smyth Hester & Grisham, LLP (317) 843-5566 Keeling, Adrienne M From: Judy Hester jjhester@shglaw.net] Sent: Wednesday, February 18, 2004 5:23 PM To: Haney, Douglas C; folhad@yahoo.com Cc: Keeling, Adrienne M; Pohlman, Jesse M; Kendall, Jeff A Subject: RE: Bruce Despite my calls to the court and notes in the file, the Court prematurely signed the order.... the motion was delivered saying I did not object and I had called the court to say no order should be entered without ensuring my conditions were met ... even if a motion said I did not object. The conditions were not included and I had no written confirmation that the conditions would be met. I said my objections stood if there was not written confirmation. My office called the court this morning to restate that position and was told that the order was signed. After raking the opposing counsel over the coals and understanding that I had the option of telling the court to revoke the order, I decided, based upon my experience in these zoning matters and my discussion with counsel, that compliance would come by Feb 25th and that I would have the written confirmation by the end of the day(all pallets, limbs, wood, etc away from the stream area and up by a building or off the property by 2/25). ...I am out of the office so I do not know if it was faxed yet. Compliance would make the City's attorneys fees for trial unnecessary. Opposing counsel initially said in my discussions today they would "try" to comply and I "explained" that was unacceptable. Trying was the same as failure. Only performance would be accepted. I would have called the court to revoke the order if I did not think there would be compliance by the 25th. So............ I agree no more continuances, but I think this one is acceptable. I just wanted you to know the whole story. -----Original Message ----- From: Haney, Douglas C [mailto:DHaney@ci.carmel.in.us] Sent: Wednesday, February 18, 2004 12:06 PM To: Judy Hester; folhad@yahoo.com Cc: Keeling, Adrienne M; Pohlman, Jesse M; Kendall, Jeff A; Haney, Douglas C Subject: RE: Bruce Judy: As Carmel City Attorney, I am instructing you to object to any further continuances in this matter absent your timely receipt of all necessary assurances from Mr. Bruce's counsel. This matter has gone on too long and needs to end. I have copied everyone on this memo to ensure that all parties know my position and instructions to Ms. Hester in this matter. > -----Original Message ----- > From: Judy Hester [SMTP:jhester@shglaw.net] > Sent: Tuesday, February 17, 2004 2:41 PM > To: folhad@yahoo.com > Cc: Keeling, Adrienne M; JPohlman@ci.carmel.in.us; > JKendall@ci.carmel.in.us; dhaney@ci.carmel.in.us > Subject: FW: Bruce > Dear Arvin: > I see your motion was forwarded to the court requesting a continuance, > but I need to have in writing that you agree to the conditions set forth i > below. The court traditionally calls me to confirm that I do, in fact, > not object even though the motion contains that language. Please let me > know so I can confirm the non -objection. Thanks. Judy > -----Original Message----- • From: Judy Hester > Sent: Friday, February 13, 2004 11:21 AM > To: 'folhad@yahoo.com' > Cc: 'Keeling, Adrienne M'; 'JPohlman@ci.carmel.in.us'; > 'JKendall@ci.carmel.in.us'; 'dhaney@ci.carmel.in.us' > Subject: Bruce > Dear Arvin: > As we discussed, I have attached the photographs from the Bruce property > that show several things. First, the photographs from February 12th > show the remaining piles and piles of wood down by the stream... and in > view of the neighboring properties in the Brentwood Subdivision. They > also show the fence that was built to hide the collections from the > street view. Second, the photographs from December 9th show the large > amount of wood already up by the home. I understand your clients' > position to be that the metal materials have been removed and the > pallets have been removed. They desire to give away 2 loads of the > remaining wood and stack the rest up by the buildings. > In response to your inquiry about whether I would object to your motion > to continue the February 25th trial date, I will not object based upon > the following conditions: > 1-there are, in fact, no remaining metal materials; > 2-2 large loads of wood are removed from the property this weekend; > 3-all remaining wood is either removed from the property or stacked by > the buildings by Tuesday, February 24 at 7 p.m.; and > 4-any other materials, including the fence, are removed from the > property by Tuesday, February 24 at 7 p.m. > Assuming your clients agree and follow through on their promise, we > could then discuss settlement details such as an agreed fine for the > past violation and dismiss the matter. Please advise me as to whether > your clients will agree to the above stated conditions. > Thank you for your assistance in this matter. > Sincerely, 2 > > Judy G. Hester > Attorney for the City of Carmel > The information contained in the e-mail message is privileged > confidential information intended only for the use of the intended > recipient named above. If you are not the intended recipient, you are > hereby notified that any copying of this communication or dissemination > or distribution of it to anyone other than the intended recipient is > strictly prohibited. If you have received this communication in error, > please immediately notify us by telephone and destroy and discard the > original message. > Smyth Hester & Grisham, LLP (317) 843-5566 > *** eSafe has scanned this email for malicious content and found it tc be > clean *** > *** IMPORTANT: Do not open attachments from unrecognized senders *** > File: photos2 12-9-03.jpg >> << File: photos 12-9-03.jpg >> << File: > 2004-02-12 All photosl.doc >> 3 Keeling, Adrienne M From: Haney, Douglas C Sent: Wednesday, February 18, 2004 12:06 PM To: 'Judy Hester'; folhad@yahoo.com Cc: Keeling, Adrienne M; Pohlman, Jesse M; Kendall, Jeff A; Haney, Douglas C Subject: RE: Bruce Judy: As Carmel City Attorney, I am instructing you to object to any further continuances in this matter absent your timely receipt of all necessary assurances from Mr. Bruce's counsel. This matter has gone on too long and needs to end. I have copied everyone on this memo to ensure that all parties know my position and instructions to Ms. Hester in this matter. —Original Message — From: Judy Hester [SMTP:jhester@shglaw.net] Sent: Tuesday, February 17, 2004 2:41 PM To: folhad@yahoo.com Cc: Keeling, Adrienne M; JPohlman@d.carmel.in.us; JKendall@ci.canmel.in.us; dhaney@ci.carmel.in.us Subject: FW: Bruce Dear Arvin: I see your motion was forwarded to the court requesting a continuance, but I need to have in writing that you agree to the conditions set forth below. The court traditionally calls me to confirm that I do, in fact, not object even though the motion contains that language. Please let me know so I can confirm the non -objection. Thanks. Judy -----Original Message ----- From: Judy Hester Sent: Friday, February 13, 2004 11:21 AM To: 'folhad@yahoo.com' Cc: 'Keeling, Adrienne M'; 'JPohlman@ci.carmel.in.us'; 'JKendall @ci.carmel.in.us'; 'dhaney@ci.carmel.in.us' Subject: Bruce Dear Arvin: As we discussed, I have attached the photographs from the Bruce property that show several things. First, the photographs from February 12th show the remaining piles and piles of wood down by the stream ... and in view of the neighboring properties in the Brentwood Subdivision. They also show the fence that was built to hide the collections from the street view. Second, the photographs from December 9th show the large amount of wood already up by the home. I understand your clients' position to be that the metal materials have been removed and the pallets have been removed. They desire to give away 2 loads of the remaining wood and stack the rest up by the buildings. In response to your inquiry about whether I would object to your motion to continue the February 25th trial date, I will not object based upon the following conditions: 1-there are, in fact, no remaining metal materials; 2-2 large loads of wood are removed from the property this weekend; 3-all remaining wood is either removed from the property or stacked by the buildings by Tuesday, February 24 at 7 p.m.; and 4-any other materials, including the fence, are removed from the property by Tuesday, February 24 at 7 p.m. Assuming your clients agree and follow through on their promise, we could then discuss settlement details such as an agreed fine for the past violation and dismiss the matter. Please advise me as to whether your clients will agree to the above stated conditions. Thank you for your assistance in this matter. Sincerely, Judy G. Hester Attorney for the City of Carmel The information contained in the e-mail message is privileged confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this communication or dissemination or distribution of it to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy and discard the original message. Smyth Hester & Grisham, LLP (317) 843-5566 * eSafe has scanned this email for malicious content and found it to be clean *** * IMPORTANT: Do not open attachments from unrecognized senders *** << File: photos2 12-9-03.jpg >> << File: photos 12-9-03.jpg >> << File: 2004-02-12 All photosl.doc >> I Keeling, Adrienne M From: Judy Hester jjhester@shglaw.net] Sent: Friday, February 13, 2004 11:21 AM To: folhad@yahoo.com Cc: Keeling, Adrienne M; JPohlman@ci.carmel.in.us; JKendall@ci.carmel.in.us; dhaney@ci.carmel.in.us Subject: Bruce photos2 photos 1J2-9-03.jpg 2004-02-12 All 12-9-03.jpg photosl.doc Dear Arvin: As we discussed, I have attached the photographs from the Bruce property that show several things. First, the photographs from February 12th show the remaining piles and piles of wood down by the stream... and in view of the neighboring properties in the Brentwood Subdivision. They also show the fence that was built to hide the collections from the street view. Second, the photographs from December 9th show the large amount of wood already up by the home. I understand your clients' position to be that the metal materials have been removed and the pallets have been removed. They desire to give away 2 loads of the remaining wood and stack the rest up by the buildings. In response to your inquiry about whether I would object to your motion to continue the February 25th trial date, I will not object based upon the following conditions: 1-there are, in fact, no remaining metal materials; 2-2 large loads of wood are removed from the property this weekend; 3-all remaining wood is either removed from the property or stacked by the buildings by Tuesday, February 24 at 7 p.m.; and 4-any other materials, including the fence, are removed from the property by Tuesday, February 24 at 7 p.m. Assuming your clients agree and follow through on their promise, we could then discuss settlement details such as an agreed fine for the past violation and dismiss the matter. Please advise me as to whether your clients will agree to the above stated conditions. Thank you for your assistance in this matter. Sincerely, Judy G. Hester 1 •_ Attorney for the City of Carmel The information contained in the e-mail message is privileged confidential information intended only for the use of the intended recipient named above. If you are not the intended recipient, you are hereby notified that any copying of this communication or dissemination or distribution of it to anyone other than the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and destroy and discard the original message. Smyth Hester & Grisham, LLP (317) 843-5566 *** eSafe has scanned this email for malicious content and found it to be clean *** *** IMPORTANT: Do not open attachments from unrecognized senders *** E SMYTH HESTER GRISHAM ATTORNEYS ALimRodLWiLly Pa erdup JAMB W. SM - IN, MI JUDY G. J$S3ER - IN, IL DmFLA M. GRIsHAM - IN, B., MO JOHN NELsoN - IN, FL LEA ELL04(1wooD - IN CERIs L. Bu3z - IN VIA FACSIMILE and U.S. MAIL February 9, 2004 Arvin Foland Arvin R. Foland & Associates 813 Connor Street Noblesville, IN 46060 Re: City of Carmel v. Bruce Cause No. 29H01-0308-OV-1966 Dear Mr. Foland: PIDEI=PLAZA - TOWER ONE 11550 N. MERIDIAN - SUITE 125 CARMEL, INDIANA 46032 PLaee:(317)843-5566 1 ": (317) 843-5369 www.s881aw.vet The purpose of this letter is to determine the status of your clients' compliance with the Ordinance and your representations that were made in our December 16, 2003 telephone conversation. You stated that your clients would remove all items from around the stream area that were not wooden and properly dispose of those items. The wooden materials would then be moved from the stream area and either neatly stacked near the building(s) within which the wood will be used, or moved off -premises while a contractor hired by your client would present the City with a building plan for a pole barn. In the event the building plans were approved, the wood being stored off -site would be used to construct the barn. The City agreed to postpone the hearing from December 17, 2003 until February 25, 2004 in an effort to allow your clients sufficient time to clean up the debris on the property and fulfill their promises. From my visual observations of the property from the street, it does not appear that there is any noticeable progress on removing the materials from the stream area. I have received calls from the neighboring landowners with similar observations. Also, I have not been notified by the City of any plans presented with regard to a pole barn for the property. Please update me on your clients' position. I look forward to talking with you this week as the trial date is only 16 days away. ly, for the City of Carmel cc: Douglas C. Haney ,/Jesse Pohlman SMYTH RESTER GmHAM ATTORNEYS ALhmledL flq Pe1mmehip JAMES W. SMYTH - IN, MI JUDY G. }ESTER - IN, IL DESRA M. GmsEAM - IN, EL, MO Joiw NELSON - IN, FL LEA ELUNGWOOD-IN Cw L.B=-IN VIA FACSIMILE and U.S. MAIL December 17, 2003 Arvin Foland Arvin R. Foland & Associates 813 Connor Street Noblesville, IN 46060 Re: City of Carmel v. Bruce Cause No. 29H01-0308-OV-1966 Dear Mr. Foland: FIDELITY PLAZA - TOWER ONE 11550 N. MERIDIAN - SUITE 125 CARMEL, INDIANA 46032 Ph.: (317) M3-5566 F. (317) 943-5369 —Ahgl'-A The purpose of this letter is to confirm our telephone conversation yesterday regarding the potential resolution of this zoning violation matter. I understand from our conversation that your client will remove from the subject property all items from around the stream area that are not wooden and properly dispose of those items. The wooden materials will then be moved from the stream area and either neatly stacked near the building(s) within which the wood will be used, or moved off -premises while a contractor hired by your client presents the City with a building plan for a pole barn. In the event the building plans are approved, the wood being stored off -site will be used to construct the barn. In light of the fact that you and your client are making significant efforts toward resolving this matter, we have agreed to postpone the hearing that was scheduled for today. I have asked the court to continue the hearing until after February 27, 2004. It is my hope that the entire issue will be resolved completely before that time. I look forward to talking with you in early February to determine if we need to proceed with a hearing or address any other issues that need to be resolved to bring this matter to full conclusion, such as the fines provided for under the Ordinance. Sincerely, for the Citv of Carmel cc: Douglas C. Haney Adrienne Keeling hC_& %:rf eC ,Ne Kee I. J SMYTH RESTER GRisHAM ATTORNEYS AL®1ed Lvj P JAMES W. SMYTR - IN, MI JUDY G. HIS= - IN, IL DEBRA M. GR391AM - IN, n.. MO Jolty NELSON - IN, FL LEA F.LLBJOWOOD - IN CHRIS L. BD1z- IN VIA U.S. MAIL December 18, 2003 Teresa Hildebrand 13544 Brentwood Lane Carmel, Indiana 46033 Re: City of Carmel v. Bruce Dear Teresa: FIDELITY PLAZA - TOWER. ONE 11550 N. MERIDIAN - SU1TE 125 CARMEL, INDIANA 46032 P6um: (3M 943-5566 I= (317) 943-5369 Please find enclosed letters that will update you on the progress on the above referenced case. I think we will be seeing some movement on this matter now, as the Braces have retained counsel and appear to be following the lawyer's advice. Rest assured that we will continue to prosecute this matter if we determine that the violation is not being corrected in accordance with the Braces' representations. Please let me know if you have any questions. I look forward to talking with you in the beginning of February to reassess the situation. Have a wonderful holiday season with your family! Very truly yours, JGH/bd Encl. & GRISHAM, LLP zCC. t:enne Kte f: SMYTH RESTER GRisHAM ATToRNEYs AILeYd UmbiLdy ?vm p JA W. SM - IN, MI Ju y G. JEsr - IN, IL DEERA M. GRWiAM - IN, IL, MO JONN NmsoN - IN, FL LEA EumGwow - IN CHRis L. B=-IN VIA U.S. MAIL December 18, 2003 Randy Wilson 13504 Brentwood Lane Cannel, Indiana 46033 Re: City of Carmel v. Bruce Dear Randy: FIDELrIY PLAZA - TOWER ONE 11550 N. MMUD AN - S111rE 125 CARMEL, MDL4NA 46032 Ph.(317)943-55M F.: (312) 643-5369 w 4bylew= Please find enclosed letters that will update you on the progress on the above referenced case. I think we will be seeing some movement on this matter now, as the Bruces have retained counsel and appear to be following the lawyer's advice. Rest assured that we will continue to prosecute this matter if we determine that the violation is not being corrected in accordance with the Bruces' representations. Please let me know if you have any questions. I look forward to talking with you in the beginning of February to reassess the situation. Have a wonderful holiday season with your family! Very truly yours, kG.HesIZ R & GRISHAM, LLP JGH/bd Encl. SMYTH HESTER GRIsHAM ATroRNEYs AL®1d L%hBLLy Puma�ip JAMBS W. SMYTH-IN, W JUDY G. EXS=- IN, IL DERRA M. GRIREAM - IN, IL, MO JoHN NELsoN -IN, FL LPA ELLQ4DW - IN CEWS L. BUTZ-IN VIA FACSIMILE and U.S. MAIL — 2 aaees December 10, 2003 Arvin Foland Arvin R. Foland & Associates 813 Connor Street Noblesville, IN 46060 Re: City of Carmel v. Bruce Cause No. 29HOI-0308-OV-1966 Dear Mr. Foland: FIDELITY PLAZA- TOWER ONE 11550 N. MERIDIAN -SUITE 125 CARMEL, INDIANA 46032 Ph.c (317) 843-55M 1.: (3 M 843-5369 www.b&.m Thank you for your November 28, 2003 letter. The City has been told since May 2003 that the landowners would remove the materials off the premises "shortly." As such, if the City is to rely upon your representation that the materials `other than wood," would be `off the premises shortly," we need to know in writing an exact date for the removal and exactly what will be removed. Similarly, the Bruces have continued to state that they would want to use the wood and were attempting to find a way to store it, but they have changed their story with regard to the historic and planned purpose for the wood. The Bruces specifically stated in May 2003 that the wood would be used to repair certain buildings, and it would be stacked along side the buildings on which it would be implemented. Now the Bruces say that the wood is to be used for heat and that this has been the historic purpose for the wood. Furthermore, they will be "securing" a new proposed outbuilding in which the wood may be stored. In order for us to rely upon these new representations and move toward resolution rather than trial, we would need to have the plans for any outbuildings to ensure that the buildings and their placement are in compliance with the Carmel/Clay Zoning Ordinances. We then need to understand in writing what wood would be stored and where. The City's goal is to ensure there is compliance with the Zoning Ordinances, not that we proceed to trial. However, the City no longer has faith in the promises that the materials will be removed "shortly," and that the remaining materials will be stored properly because they are needed for the property. It has grown tired of the promises. It needs quick action. With regard to the grandfathering, the information we have does not support a conclusion that these materials were on the property prior to the current zoning designation, and the Bruces would have the burden of establishing this fact in order to demonstrate that grandfathering is proper. The accumulation of materials at the back of the property is within the view of neighboring homes and, importantly, adjacent to the stream. As we know from the Labor Day floods, large amounts of wood clog the waterways and foster flooding. We are concerned about the chemicals from any treated wood and other materials, that may flow into the ground and the stream, as well as problems that arise from providing a breeding ground for rodents and the like. The fence the landowners have built in an attempt to hide the dumped materials from the roadway does not address any of these issues. I sincerely hope that the landowners are sincere in their representations and are prepared to follow through on their promises very quickly. In the event you are able to provide me with the information requested above by Monday, December 15, 2003, I will agree to continue the hearing date. Please contact me by telephone, facsimile, or e-mail Ohester@shglaw.net ). I look forward to hearing from you by Monday. Sincerely,zT Judy G. H er Attorney r the City of Carmel cc: Douglas C. Haney Adrienne Keeling `A ARVIN R. FOLAND & ASSOCIATE A1MH R. Fo w n NML E. Mir, ANSOc W November 28, 2003 Judy G. Hester Carmel City Attorney Smith Hester Grisham Attorneys Fidelity Plaza Tower One 11550 N. Meridian Street Suite 125 Carmel, IN 46032 RE: City of Carmel v. Bruce Cause No. 29HOI-0308-OV-1966 Dear Ms. Hester: Auarneys at Law FAX: 843-5369 FAX (3 1 7) 7739070 a 13 CONNpe STRcrr NOGL ....,. • IN 46060 IIELZP o W f- 1 » 773-4763 Thank you for your letter of September 24, 2003. I am sorry for the delay in getting back to you. First, I regret the inconvenience caused you and it certainly was an oversight and not, in any way, an attempt to inconvenience you. I desire to discuss with you that Ms. Bruce uses the wood both the fell trees and the processed wood for heat. The processed wood may be mainly classified as kindling. Ms. Bruce intends to get all materials, other than wood, off the premises shortly. Also, she is in the process of securing another new outbuilding in which wood may be stored. This said, I have personally examined the farm and find that the party has used wood for heating historically and that, other than the above, as stated, there is nothing but wood maintained on the premises. I do not see how it could be reasonably found that she is not grandfathered in and in compliance with historical use of the premises. I await your response. Sincerely yours, Arvin R Foland Attorney at Law ARF/sah-h TO 39Va S31VIOOSSV S QNV70A 6L06ELLLTE LS:00 t,66T/t7T/S0 03/20/1999 21:14 3178462621 JUDY HESTER PAGE 01 I A-A� (- I Fav ARVIN R. POLAND & ASSOCIATE Kw E. K*ALW. A0000WT[ Novomba 28. 2003 Judy G. Hater Catmal City Attorney Smith Hester Grisham Atttutwo FidelityPlea Tower One 11 S" N. Meridian Suit Suite 125 Carmel, IN 46032 RE: City of Carmel v. Btuce Cruse No. 29HOI-0308-OV-1966 Au"flp at Law nrsr 843-3369 ft t3 i 7r 77Ja07a a 13 Comm *"Nw 06oakabraaa. Iw •OOao 7 UP"ci a ka 1 7r "Z-0703 1lrank you for your letter of September 24, 2003. 1 am sorry for the delay in getting bank to you. First, I regret the inconvenience caused you and it certainly was an oversight and not, in any way, an attempt to inconvenience yow I desire to discus with you that Ma. Bruce user the wood both the *11 trees and the procesmd wood far heat. The proccssod wood may be mainly clud8ed a Ms. Snkce intends to get all materials, other than wood, off the premises shortly. Also, she is in the process of sectuing Bather new outbuilding in which wood may be stolid This said, I have personally examined the 8srm and And that the party ha used wood fa haadng historically and that, other that the above, as stated, these is nothing but wood maintainod on the premises. 1 do not ace how it could be reasons* found that she is not gtazWfiuhered in and in compliance with historical use of the ptainisex 1 await your responae. Sinrenely yours, Arvin & Foland Attorney at Law ARF/sah-h TO -4WVd S31VIOOGW I QNVICkd 6406CL4LTC L5:00 v66T/bT/S0 INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0079 ADDRESS : 2911 136TH ST E OWNER : BRUCE, MARY C & MAXINE M, TRUS DATE : Sep 24, 2003 DESCRIP : Junk yard see also 2001.0216 DATE TIME TYPE INSP -------------------------- --- -------------------------- --- 11/19/03 13:40:22 23 COURT AMK 11/18/03 09:29:26 08 R AMK 09/24/03 11:50:16 77 COMMENT AMK 09/23/03 08:27:09 08 R AMK 08/27/03 11:47:40 10 CITE-Z AMK 08/01/03 09:54:33 22 LAW 06/02/03 16:31:52 08 R AMK 05/19/03 09:43:01 08 R AMK 05/01/03 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT 04/26/03 08:28:37 77 COMMENT AMK 04/22/03 LETTERSENT 04/18/03 COMMENTS COMMENTS BRUCE, BY COUNSEL WAIVES INITIAL HEARING & ENTERS PLEA OF DENIAL. BENCH TRIAL SET FOR LOAM ON NOVEMBER 19, 2003. PAPERS IN FILE. ARVIN R. FOLAND, COUNSEL FOR DEFENDANT. AK MATERIALS STILL BEHIND FENCE AT BACK OF PROPERTY. PHOTOS IN FILE. AK AK SENT CITATION PAPERS TO DEPARTMENT OF LAW FOR REVIEW AND COURT FILING. AK LARGE PILES HAVE MOSTLY BEEN REMOVED. HOWEVER, WOOD (NOW BEHIND FENCE) REMAINS PHOTOS IN FILE. AK WILL SPEAK WITH OTHERS TO DETERMINE HOW TO PROCEED. AK SOME PROGRESS WAS OBSERVED. AK AND JK WILL RECHECK AFTER JUNE 1. PHOTOS IN FILE. AK JK & AK MET WITH MAXINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK CERTIFIED RECEIPT SIGNED BY MAXINE BRUCE Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE INDUSTRIALMANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIALIvLANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INN. An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are furnished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such Federal or State -regulated businesses as banking, savings and loans, loan companies and investment companies. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the eeatigueas unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. (amended per Z-365-01) KENNEL, CONDAERCLAL. Any Lot on which four or more dogs, or small animals, at least four months of age are kept. KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of age are kept. KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. LAKE, ARTIFICIAL. A man-made body of water fed by a watercourse. LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. Chapter 3: Definitions 3-12 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02 Summer 2002 vl CITY OF CARMEL & CLAY TOWNSHIP ZONINA ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 5: S-1/RESIDENCE DISTRICT 5.0 S-1/ResidenceDistrict. 5.1 Permitted Uses. 5.2 Special Uses. 5.3 Accessory Buildine and Uses. 5.4 Height and Area Requirements. 5.0 S-1/Residence District. 5.0.1 Pumose and Intent. The purpose of this district is to provide for the development of innovative residential environments in keeping with the rural character of this district, by providing for a development process that allows a high degree of flexibility in the design of single-family subdivisions. Further, it is the purpose of this district to provide for a development process that allows for more efficient use of the land through the introduction of open space and conservation lands within subdivisions. It is the intention of this district to protect remaining significant natural features within this district by placing an emphasis on less intensive urban land uses. Sec. 5.0 amended per Ordinance No. Z-327. 5.1 Permitted Uses: Antenna, if collocated on an existing or previously approved tower Dwelling, Single-family Home occupation Kennel, Residential 5.1.1 Minimum Area Requirements: Use, Location Minimum Area Equivalent Density (Maxiffirm) Acres Residential subdivision, located 0.77 acres, times number of lots in 1.3 lots, times number of acres in west of Spring Mill Road and north subdivision subdivision of 1410 Street Residential subdivision, located 1.00 acres, times number of lots in 1.0 lots, times number of acres in west of Spring Mill Road, north of subdivision subdivision 116'h Street and south of 141' Street Residential subdivision, located 0.77 acres, times number of lots in 1.3 lots, times number of acres in west of Spring Mill Road and south subdivision subdivision -of-116te-Street --- - --- — - - Residential subdivision, located east 0.35 acres, times number of lots in 2.8 lots, times number of acres in I of S rin Mill Road subdivision subdivision Chapter 5: S-l/Residence District 5-1 as amended per Z-309; Z-310; Z-311; Z-327; Z-366-01; Z-369-01 Sumner 2002 v1 CITY OF CARMEL & CLAY TOWNSHIP ZONII& ORDINANCE : uC�7i iT� �11/(y 1►�`�I,�75 iC[K�]:b7 �C/\�CN sI CHAPTER 6: S-2/RESIDENCE DISTRICT 6.0 S-2/Residence District. 6.1 Permitted Uses. 6.2 Special Uses. 6.3 Accessory Buildine and Uses. 6.4 Height and Area Requirements. 6.0 S-2/Residence District. 6.0.1 Purpose and Intent. The purpose of this district is to provide for low -density single-family residential development in areas facing conversion from a rural -agricultural nature to a residential nature. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Comity Objective. The S-2 District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 6.0 amended per Ordinance No. Z-327. 6.1 Permitted Uses: 6.1.1 Any Use Permitted in the S-I District (Section 5.1). 6.1.2 Density requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 6.1 amended per Ordinance No. Z-327. 6.2 Permitted Special Uses: (see Chapter 21 for additional regulations) Any Special Use Permitted in the S-1 District (Section 5.2), except: Commercial Kennel Commercial Sewage or garbage disposal plant Private airplane or helicopter landing and/or service facility and Raising and breeding of non -farm fowl and animals. 6.2.1 Minimum Area Requirements: Same as_S-1_District regulations_2f action 5.1,/. 6.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. Chapter 6: S-2/Residence District 6-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Sun n 2002 vl CITY OF CARMEL do CLAY TOWNSHIP ZONINP ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 7: R-I/RESIDENCE DISTRICT 7.0 R-1/Residence District. 7.1 Permitted Uses. 7.2 Special Uses. 7.3 Accessory Building and Uses. 7.4 Heieht and Area Requirements. 7.0 R-1/Residence District. 7.0.1 Purpose and Intent The purpose of this district is to provide for low -density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objectives. The R-1 District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 7.0 amended per Ordinance No. Z-317. 7.1 Permitted Uses: 7.1.1 Any Use Permitted in the S-2 District (Section 6.1). 7.1.2 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 7.1 amended per Ordinance No. Z-327. 7.2 Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the S-2 District (Section 6.2) (except College or University, Commercial greenhouse, Plant nursery, Radio or television transmission tower and Riding Stable). 7.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 7.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. 7.2.3 Special Exceptions. (see Chapter 11 for additional regulations): Same as S-1 District regulations of Section 5.5. Chapter 7: R-1/Residence District 7-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Sulmner 2002 v1 CRY OF CARMM & CLAY TOW NSM ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 8: R-2/RESIDENCE DISTRICT 8.0 R-2/Residence District. 8.1 Permitted Uses. 8.2 Special Uses. 8.3 Accessory Building and Uses. 8.4 Height and Area Requirements. 8.0 R-2/Residence DistriLK 8.0.1 Purpose and Intent. The purpose of this district is to provide for medium density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objective. The R-2 District corresponds to the Medium Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 8.0 amended per Ordinance No. Z--327. 8.1 Permitted -Uses - 8.1.1 Any Use Permitted in the R-I District (Section 7.1). 8.1.2 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 8.1 amended per Ordinance No. Z-327. 8.2 Permitted Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the R-1 District (Section 7.2). 8.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1, except: Commercial greenhouse and Plant nursery. - -—8.2.2--0thar-Requirements:- Same as S-1 District regulations of Section 5.2.2. Chapter 8: R-2/Residence District 8-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Summer 2002 vt N - cn m �m N 0 =� cQ �u 0) O N Cn IZ- co T �r{ W T CITY OF CARMEL & CLAY TOWNSEOP ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 34: ZONING VIOLATIONS 34.0 Zoning Violations. 34.1 Civil Violations: Exceptions. 34.2 Schedule of Civil Monetary Fines. 34.3 Citation for Civil Zoning Violations. 34.4 Trial for Civil Zoning Violation. 34.0 Zoning Violations. Definitions. A. Terms used in this Ordinance are defined as follows: 1. CIVIL VIOLATION. The erection, alteration, enlargement, maintenance or use of any building, structure or land violation of any provision of the Zoning Ordinance, Subdivision requirements, Sign Ordinance, Building Code applicable to such building, structure or land in the zone in which it is located; 2. DEPARTMENT. Department of Community Services 3. GRACE PERIOD. Extension of time granted for correction, termination, or cessation of a civil violation of the Zoning Ordinance; 4. NOTICE OF VIOLATION. Notice issued by the Department; 5. REPEATED CIVIL ZONING VIOLATION. A recurring violation of the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location by the same responsible party; 6. RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly permits another person, firm or corporation to do so; 7. ZONING ORDINANCE. Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Ordinance No. Z-160, as amended, and the Sign Ordinance, Carmel/Clay Township, Hamilton County, Indiana, codified as Ordinance No. Z-196, as amended. g. ZONING OFFICIAL. The Director of the Department of Community Services or his designee. 34.1 Civil Violations: Exceptions. A. Any person, firm or corporation who uses property in violation of the Zoning Ordinance, or who knowingly permits another person, firm or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay Chapter 34: Zoning Violations 34-1 as amended per Z-365-01 Summer 2002 vl CrrY OF CARNtEL A CLAY TOWNSHIP ZONING ORDINANCE INDUSTRIAL/MANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIAL/MANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INN. An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are furnished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such Federal or State -regulated businesses as banking, savings and loans, loan companies and investment companies. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom - JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the coo6g ieus unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identicaL (amended per Z-365-01) KENNEL, COMMERCIAL. Any Lot on which four or more dogs, or small animals, at least four months of age are kept KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of age are kept. KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. LAKE, ARTIFICIAL. A man-made body of water fed by a watercourse. LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. Chapter 3: Definitions 3-12 as amended per Z-320; Z-339; Z-340, Z-345; Z-365-01; Z-369-02 Summer 2002 vk CITY OF CARMEL & CLAY TOWNSHIP ZONELG ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 5: S-1/RESIDENCE DISTRICT 5.0 S-1/Residence District. 5.1 Permitted Uses. 5.2 Special Uses. 5.3 Accessory Building and Uses. 5.4 Height and Area Requirements. 5.0 S- I/ResidenceDistrict. 5.0.1 Purpose and Intent. The purpose of this district is to provide for the development of innovative residential environments in keeping with the rural character of this district, by providing for a development process that allows a high degree of flexibility in the design of single-family subdivisions. Further, it is the purpose of this district to provide for a development process that allows for more efficient use of the land through the introduction of open space and conservation lands within subdivisions. It is the intention of this district to protect remaining significant natural features within this district by placing an emphasis on less intensive urban land uses. Sec. 5.0 amended per Ordinance No. Z-317. 5.1 Permitted Uses: Antenna, if collocated on an existing or previously approved tower Dwelling, Single-family Home occupation Kennel, Residential 5.1.1 Minimum Area Requirements: Use Location Minimum Area Equivalent Density (Maximum) Acres Residential subdivision, located 0.77 acres, times number of lots in 1.3 lots, times number of acres in west of Spring Mill Road and north subdivision subdivision of 141' Street Residential subdivision, located 1.00 acres, times number of lots in 1.0 lots, times number of acres in west of Spring Mill Road, north of subdivision subdivision 116" Street and south of 141' Street Residential subdivision, located 0.77 acres, times number of lots in 1.3 lots, times number of acres in west of Spring Mill Road and south subdivision subdivision of 116'" Street — Residential subdivision, located east 0.35 acres, times number of lots in 2.8 lots, times number of acres in of Spring Mill Road subdivision subdivision Chapter 5: S-1/Residence District 5-1 as amended per Z-309; Z-320; Z-322; Z-327; Z-366-01; Z-369-02 Surrmer 2002 v1 CITY OF CARMEL & CLAY TOWNSHIP ZONINt ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 6: S-2/RESIDENCE DISTRICT 6.0 S-2/Residence District. 6.1 PemrittedUses. 6.2 Special Uses. 6.3 Accessory Building and Uses. 6.4 Heieht and Area Requirements. 6.0 S-2/Residence District. 6.0.1 Pumose and Intent. The purpose of this district is to provide for low -density single-family residential development in areas facing conversion from a rural -agricultural nature to a residential nature. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objective. The S-2 District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 6.0 amended per Ordinance No. Z-327. 6.1 Permitted Uses: 6.1.1 Any Use Permitted in the S-1 District (Section 5.1). 6.1.2 Density requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 6.1 amended per Ordinance No. Z-327. 6.2 Permitted Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the S-I District (Section 5.1), except: Commercial Kennel Commercial Sewage or garbage disposal plant Private airplane or helicopter landing and/or service facility and Raising and breeding of non -farm fowl and animals. 6.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1. 6.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. Chapter 6: S-2/Residence District 6-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Summer 2002 vI CITY OF CARMEL & CLAY TOWNSHIP ZONINP ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 7: R-I/RESIDENCE DISTRICT 7.0 R-I/Residence District. 7.1 Permitted Uses. 7.2 Special Uses. 7.3 Accessory Building and Uses. 7.4 Heieht and Area Requirements. 7.0 R-I/Residence District. 7.0.1 Purpose and Intent. The purpose of this district is to provide for low -density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objectives. The R-1 District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 7.0 amended per Ordinance No. Z-327. 7.1 Permitted Uses: 7.1.1 Any Use Permitted in the S-2 District (Section 6.1). 7.1.2 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 7.1 amended per Ordinance No. Z-327. 7.2 Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the S-2 District (Section 6.2) (except College or University, Commercial greenhouse, Plant nursery, Radio or television transmission tower and Riding Stable). 7.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 7.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. 7.2.3 Special Exceptions. (see Chapter 21 for additional regulations): Same as S-1 District regulations of Section 5.5. Chapter 7: R-1/Residence District 7-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Summer 2002 vI City calls Adrienne Keeling. Please state your name for the record. Adrienne Keeling Where are you employed? City of Carmel What is your position with the City? Code Enforcement Officer Have long have you been in that position? Two years What are your duties in that position? When complaints are received, I am responsible for investigating the complaint, whether 1 personally investigate it or send a building inspector to initiate the investigation. If a property is out of compliance with the City Ordinances, I work with the property owner to bring the property into compliance. If a property owner is not cooperative or a property remains out of compliance, I am responsible for the enforcement process, including the Notices of Correction, Notices of Violation, and filing of the Complaints with the court. In your position with the Code Enforcement Department, have you had an occasion to deal with Mary and/or Maxine Bruce and/or their property located at 2911 E. 136`h Street, Carmel, IN 46033. Yes Please explain the events that gave rise to your dealings with the Bruces or their property? In April 2003, the City received complaints from the adjoining landowners that there was a junkyard on the property. They specifically complained that there was dumping taking place on the property and they were concerned about a fire hazard, a breeding ground for rodents and insect, and possible chemical contamination of the creek behind the properties. Our office inspected the property on 1361h Street on April 22, 2003, found there was a violation, and then mailed a Notice of Zoning Ordinance Violation to the Bruces. I show you an aerial photograph I have marked as City's Exhibit 1. Can you identify this photograph? Yes, it a picture that includes the land located at 2911 E. 136`h Street. Could you please identify for me the roads on City's Exhibit 1 and the Property's position with regard to the road? Yes. The road with the red lines is Keystone. The Property is East of Keystone. The road with the blue line is 136th Street. The Property is South of 136th Street. Could you please write Keystone and 136`h on this photograph in the appropriate place? Yes. Could you please identify the buildings on the photograph? Yes. Barn, retirement home, homes, etc. Have you been to the property at 2911 E. 136th Street? Yes And you recognize this aerial photograph as 2911 E. 136th Street? Yes Does it accurately depict the lay -out of the Property? Yes, I move to introduce City's Ex. 1 into evidence. I now a series of photographs I have marked as City's Exhibit 2. Can you tell me what these are pictures of? These pictures of the property on the day the Notice of Violation was served, April 22, 2003. They show the various materials dumped and stored in the back of the property. Were you at the property at 2911 E. 136th Street on April 22? Yes 5 Does Exhibit 2 accurately depict the property as of April 22, 2003? Yes, I move to introduce City's Ex. 2 into evidence. I move to introduce City's Exhibit 2 into evidence. Can you please show me on City's Ex. 1 where these dumped and stored materials shown in the pictures were located on April 22, 2003? Yes. I show you what is marked as City's Exhibit 3. Do you recognize the document? Yes, it is the Notice of Violation for the property dated April 22, 2003. Is this your signature at the bottom? Yes. Please read the section of Exhibit 3 marked "Location of Violation." 2911 E. 136th Street Please read the section of Exhibit 3 marked "Ordinance Section Violated." Carmel/Clay Zoning Ordinance, Section 8.1.1: R- 2/Residence District, Permitted Uses. OK, we will get back to this section a little later. Did you in fact mail the Notice of Violation to Mary and Maxine Bruce? Yes. I move to introduce Exhibit 3 into evidence. How did you serve the Notice of Violation? It was sent by certified mail, return receipt requested. Did you receive the receipt showing that the Notice had been served. Yes. I show you what is marked as City's Exhibit 4. Do you recognize it? Yes, this green card dated the same date as the Notice of Violation and signed by Maxine Bruce, showing it was received. Back to the violation set forth in the Notice of Violation, let me first ask you what zoning district the Property is located. It is located in . R-2/Residence District. How do you know that it is in an R-2 zoning district? The Carmel/Clay Zoning Maps provide that it is in the R-2 district. I show you what is marked as City's Exhibit 5. Do you recognize it? It is a copy of the Carmel/Clay Zoning Maps. Can you circle on here the location of the property in question here? Yes. I move to introduce Exhibit 5 into evidence. And what does the Carmel/Clay Land Use Regulations, Section 8.1.1, permitted uses provide? It provides the permitted uses in the R-2 zoning district. It specifically states that the permitted uses are those permitted in the R-1 zoning district, which refers to the permitted uses in the S-2 district, which finally refers to the permitted uses in the S-1 district. The S-1 district provides that the permitted uses are Antenna, home occupation, residential kennel and a single-family home. It does not include a junkyard. The City asks the court to take judicial notice of Carmel/Clay Land Use Regulations, Sections 8.1.7.1, 6.1, and 5.1. I now show you the definition of junkyard from the Carmel/Clay Land Use Regulations. Could you please read it to the court? (Read) The City asks the court to take judicial notice of the definaition of junkyard from the Carmel/Clay Land Use Regulations. Did axin or Mary Bruce contact you after they received the Notice of Vio a ion? Yes. They met with me on May 1, 2003. They stated that the materials were supposed to be used to improve the buildings on the property. But they agreed that thegathering of materials had gotten excessive. I advised them that the City would do a follow up inspection in 15 days and that all the materials were to be gone in 30 days. We agreed that the materials needed for immediate improvements to the other buildings would be stacked by those specific buildings. Did the Bruce's move the materials? They moved some of the materials, but the majority of the materials remain. I now show you a series of photographs I have marked as City's Exhibit 6. Can you tell me what these are pictures of? These pictures of the property on May 19th, more than 15 days after our meeting. They show the various materials dumped and stored in the back of the property in comparison to the photos taken on April 22. Were you familiar with the property at 2911 E. 136th Street on or about May 19? Yes Does Exhibit 2 accurately depict the property as of May 19, 2003? Yes. I move to introduce City's Ex. 6 into evidence. I now show you a series of photographs I have marked as City's Exhibit 7. Can you tell me what these are pictures of? These pictures of the property on June 2, more than 30 days after our meeting. They show the various materials still stored at the back of the property. Were you familiar with the property at 2911 E. 136'h Street on or about June 2? Yes Does Exhibit 2 accurately depict the property as of June 2, 2003? Yes. I move to introduce City's Ex. 7 into evidence. What more, if anything, did you do at this time? I filed the Complaint and Summons on August 21, 2003 I show you what is marked at Plaintiff's Exhibit 8. Do you recognize the document? Yes, it is the Complaint. Please read the section of Exhibit 8 marked "Location." Please read the section of Exhibit 8 marked "Did Violate the Following Ordinance." I move to introduce Exhibit 8 into evidence. I now show you a series of photographs I have marked as City's Exhibit 9. Can you tell me what these are pictures of? These pictures of the property on September 23. They show the various materials still stored at the back of the property. Were you familiar with the property at 2911 E. 136`h Street on September 23, 2003? Yes Does Exhibit 2 accurately depict the property as of September 23, 2003? Yes. I move to introduce City's Ex. 9 into evidence. Does the current condition of the property violate the Carmel/Clay Land Use Ordinance. Yes. What are the fines for violation? The Ordinance provides fines for violations at $100 the first day, $200 the second day, $300 the third day, $400 the 4`h day, and $500 for every day thereafter. The fines from April 22, 2003 forward equal $76,000. Judicial Notice. Have you calculated the amount of time you and the building inspector have spent on attempting to resolve this matter? The Department has spent approximately 15 hours on this matter. (I will call Randy Wilson) 2003.0079- 2911 East 136' Street May 19, 2003 NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: April 22, 2003 AT 4:00 P.M. City of Carmel/Clay Township RECORD # 2003.0079 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 2911 East 136th Street, Carmel, IN 46032 OWNER or TENANT: Mary C Bruce, Trustee & Maxine M Bruce, Trustee Mailing Address: 2911 East 136th Street, Carmel, IN 46032 Nature of Violation: Establishing and maintaining -a junk yard in the R-2/Residence District Ordinance Section Violated: Carmel/Clay Zoning Ordinance, Section 8.1.1: R-2/Residence District, Permitted Uses Date/Time of Violation: Since April 22, 2003 Abatement Period: The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above within ten (10) calendar days from the date of this notice. Fine for unabated violation: Up to $100.00 - First Violation* Up to $200.00 - Second Violation* Up to $300.00 - Third Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Comments: See enclosed definition of Junk yard per Carmel/Clay Zoning Ordinance DO NOT DISREGARD THIS NOTICE!! please contact the inspector listed below immediately Inspector Name: CERTIFIED NOTICE - RETU Phone (317) 571-2423 RECEIPT REQUESTED I5:Ca afwwm tWoOm & UuemU911 E 136th Suea.dacM1/03] INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0079 ADDRESS : 2911 136TH ST OWNER : BRUCE, MARY C DATE : May 01, 2003 DESCRIP : Junk yard see E & MAXINE M, TRUS also 2001.0216 DATE TIME TYPE INSP ------------------------------------ ------------------------------------ 05/01/03 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT 04/22/03 LETTERSENT 04/18/03 COMMENTS COMMENTS JK & AK MET WITH MAXINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. INSPECTION HISTORY CITY OF CARMEL Page 1 CASE NO : 2003.0079 ADDRESS : 2911 136TH ST OWNER : BRUCE, MARY C DATE : May 20, 2003 DESCRIP : Junk yard see E & MAXINE M, TRUS also 2001.0216 DATE TIME TYPE -------------------------- -------------------------- 06/02/03 16:31:52 08 R O5/19/03 09:43:01 08 R 05/01/03 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT 04/22/03 LETTERSENT 04/18/03 COMMENTS INSP COMMENTS AMK AMK SOME PROGRESS WAS OBSERVED. AK AND JK WILL RECHECK AFTER JUNE 1. PHOTOS IN FILE. AK JK & AK MET WITH MAXINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. COMPLAINT AND SUMMONS CARMEL CITY COURT Cause No. 29H01- DOCS Record No. 2003.0079 of CA9 a y u� Fr Kc�< a 1 Q e s o' The undersigned having probable cause to believe and being duly sworn upon his/her oath says that on: DATE: Continuous on and after April 22, 2003 LOCATION: 2911 East 13e Street, Carmel, IN 46032 OWNER(S): Mary C Bruce & Maxine M Bruce, Trustees Mailing Address: 2911 East 136th Street City, State, Zip: Carmel, IN 46032 DID VIOLATE THE FOLLOWING ORDINANCE OFFENSE: Allowing a property in the R-2/Residence District to be used for purposes other than an Antenna, Single-family D//wellin , Home Occupation, or Residential Kennel. This property Is being maintained as a/tnlC7d. ZONING ORDINANCE SECTION: 8.1: Permitted Uses NOTICE OF VIOLATION ISSUED: April 22, 2003 at 4:00pm Number of Days Provided in Notice: Ten (10) C,l Actual Days of Notice Given: One hundred rive (105) as ofawg3- CIVIL FINE ASSESSED: $500 per violation I, affirm under the penalty of perju7 specified by IC 35-44-2.I, that the foregoing representations are true. Approved by Adrienne Keeling, Code Enforcement Officer Department of Community Services One Civic Square Camel, IN 46032 317-571-2423 Douglas C. Haney, Carmel City Attorney City of Carmel 2003 COURT APPEARANCE: DATE & TIME: CARMEL CITY COURT * City Hall * 20d Floor One Civic Square * Carmel, IN 46032 ABSTRACT OF COURT RECORD Cause No. Page No. Docket No. Court No. COURT ACTION The Complaint within has been examined and there is probable cause for filing the same. Leave is hereby granted to file the Complaint. Complaint filed. Rearrest Bail $ Bond $ Date Recall Continuance to Motions Date 1. 2. 3. 4. 5. 6. Attorney for Defendant Phone COMPLAINT AND SUMMONS Plea: Finding: ❑ Admit ❑ Judgement for Plaintiff ❑ Failure to Appear ❑ Noto Contendere ❑ Judgement for ❑ Failure to Pay ❑ Deny Defendant The court thereby, enters the following order: Fine: $ Costs: $ (State) S/F: $ Date $ (City) Judge's Signature and Certification Other Actions: Motions, Continuances, Rulings Witness Witness COMPLAINT AND SUMMONS ", CA,? CARMEL CITY COURT g ,'rye Cause No. 29H01- " DOCS Record No. 2003.0079 The undersigned having probable cause to believe and being duly sworn upon his/her oath says that on: DATE: Continuous on and after April 22, 2003 LOCATION: 2911 East 1361h Street, Carmel, IN 46032 OWNER(S): Mary C Bruce & Maxine M Bruce, Trustees Mailing Address: 2911 East 1360'Street City, State, Zip: Carmel, IN 46032 DID VIOLATE THE FOLLOWING ORDINANCE OFFENSE: Allowing a property in the R-2/Residence District to be used for purposes other than an Antenna, Single-family Dwelling, Home Occupation, or Residential Kennel. This property is being maintained as a Junk Yard. ZONING ORDINANCE SECTION: 8.1: Permitted Uses NOTICE OF VIOLATION ISSUED: April 22, 2003 at 4:00pm Number of Days Provided in Notice: Ten (10) Actual Days of Notice Given: One hundred fifteen (115) (as of August 15, 2003 ) CIVIL FINE ASSESSED: $500 per violation Approved by of perjury, as specified by IC 35-44-2.1, that the foregoing representations are true. Department of C�or One Civic Square Carmel, IN 46032 Enforcement Officer Services 317-571-2423 Douglas C. Haney, Carmel City Attorney City of Carmel 2003 COURT APPEARANCE: DATE & TIME: CARMEL CITY COURT * City Hall * 2nd Floor One Civic Square * Carmel, IN 46032 ABSTRACT OF COURT RECORD Cause No. Page No. Docket No. Court No, COURT ACTION The Complaint within has been examined and there is probable cause for filing the same. Leave is hereby granted to file the Complaint. Complaint filed. Rearrest Bail $ Bond $ Date Recall Continuance to Motions Date 1. 2. 3. 4. 5. 6. Attorney for Defendant Phone COMPLAINT AND SUMMONS Plea: Finding: ❑ Admit ❑ Judgement for Plaintiff O Failure to Appear ❑ Noto Comendere O Judgement for ❑ Failure to Pay ❑ Deny Defendant The court thereby, enters the following order: Fine: $ Costs; $ (State) S/F: $ Date $ (City) Judge's Signature and Certification Other Actions: Motions, Continuances, Rulings Witness Witness INSPECTION HISTORY CITY OF CARMEL CASE NO : 2003.0079 ADDRESS 2911 911 136T 136TH ST E OWNER : BRUCE, MARY C & MAXINE M, TRUS (�Q DATE : Sep 09, 2003 DESCRIP : Junk yard see also 2001.0216 DATE TIME TYPE INSP ----------------------------------- ----------------------------------- 09/24/03 13:40:22 23 COURT AMK 08/01/03 09:54:33 22 LAW /10 06/23/03 06/02/03 0 /19/ 0 03 08:27:09 08 R AMK 16:31:52 08 R AMK 09:43:01 08 R 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT )'0 04/26/03 08:28:37 77 COMMENT AMK 04/22/03 LETTERSENT �y 04/18/03 COMMENTS / V- Page COMMENTS AK SENT CITATION PAPERS TO DEPARTMENT OF LAW FOR REVIEW AND COURT FILING. AK land pose LARGE PILES HAVE MOSTLY BEEN REMOVED. HOWEVER, WOOD (NOW BEHIND FENCE) REMAINS PHOTOS IN FILE. AK WILL SPEAK WITH OTHERS TO DETERMINE HOW TO PROCEED. AK SOME PROGRESS WAS OBSERVED. AK AND JK WILL RECHECK AFTER JUNE 1. PHOTOS IN FILE. AK JK & AK MET WITH MARINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MARINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL SACK TO SET UP A TIME. AK CERTIFIED RECEIPT SIGNED BY MARINE BRUCE Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0079 ADDRESS : 2911 136TH ST OWNER : BRUCE, MARY C DATE : Sep 24, 2003 DESCRIP : Junk yard see E & MAXINE M, TRUS also 2001.0216 DATE TIME TYPE -------------------------- -------------------------- 09/24/03 13:40:22 23 COURT 09/24/03 09:29:26 08 R 09/23/03 08:27:09 08 R 08/01/03 09:54:33 22 LAW 06/02/03 16:31:52 08 R 05/19/03 09:43:01 08 R 05/01/03 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT INSP COMMENTS ---------- -------------------- ------------------------------ ru .v Eft "I 04/26/03 08:28:37 77 COMMENT AMK 04/22/03 LETTERSENT 04/18/03 COMMENTS MATERIALS STILL BEHIND FENCE AT BACK OF PROPERTY. PHOTOS IN FILE. AK AK SENT CITATION PAPERS TO DEPARTMENT OF LAW FOR REVIEW AND COURT FILING. AK LARGE PILES HAVE MOSTLY BEEN REMOVED. HOWEVER, WOOD (NOW BEHIND FENCE) REMAINS PHOTOS IN FILE. AK WILL SPEAK WITH OTHERS TO DETERMINE HOW TO PROCEED. AK SOME PROGRESS WAS OBSERVED. AK AND JK WILL RECHECK AFTER JUNE 1. PHOTOS IN FILE. AK JK & AK MET WITH MAXINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK CERTIFIED RECEIPT SIGNED BY MAXINE BRUCE Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. �O 0) .O N m cfl co T cz W T T CD N CITY OF CARMEL R. CLAY TOWNSrnP ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 34: ZONING VIOLATIONS 34.0 Zoning. Violations. 34.1 Civil Violations: Exceptions. 34.2 Schedule of Civil Monetary Fines. 34.3 _ Citation for Civil Zoning Violations. 34.4 Trial for Civil Zoning Violation. 34.0 Zoning Violations. Definitions. A. Terms used in this Ordinance are defined as follows: 1. CIVIL VIOLATION. The erection, alteration, enlargement, maintenance or use of any building, structure or land violation of any provision of the Zoning Ordinance, Subdivision requirements, Sign Ordinance, Building Code applicable to such building, structure or land in the zone in which it is located; 2. DEPARTMENT. Department of Community Services 3. GRACE PERIOD. Extension of time granted for correction, termination, or cessation of a civil violation of the Zoning Ordinance; 4. NOTICE OF VIOLATION. Notice issued by the Department; 5. REPEATED CIVIL ZONING VIOLATION. A recurring violation of the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location by the same responsible party; 6. RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who Imowingly permits another person, firm or corporation to do so; 7. ZONING ORDINANCE. Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Ordinance No. Z-160, as amended, and the Sign Ordinance, Carmel/Clay Township, Hamilton County, Indiana, codified as Ordinance No. Z-196, as amended. 8. ZONING OFFICIAL. The Director of the Department of Community Services or his designee. 34.1 Civil Violations: Exceptions. A. Any person, four or corporation who uses property in violation of the Zoning Ordinance, or who lmowingly permits another person, firm or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay Chapter 34: Zoning Violations 34-1 as amended per Z-365-01 Summer 2002 v1 CrrY OF CARMEL& CLAY TOWNSHIP ZONING ORDINANCE INDUSTRIAL✓MANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIALIMANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INN. An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are furnished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such Federal or State -regulated businesses as banking, savings and loans, loan companies and investment companies. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. JURISDICTION OF THE COMNHSSION AND THE BOARD. The City of Carmel, Indiana and the eeafigaeus unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. (amended per Z-365-01) KENNEL, COM vIERCLAL. Any Lot on which four or more dogs, or small animals, at least four months of age are kept. KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of age are kept. KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. LAKE, ARTIFICIAL. A man-made body of water fed by a watercourse. LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. Chapter 3: Definitions 3-12 as amended per Z-320, Z-339; Z-340; Z-345, Z-365-01; Z-369-02 Summer 2002 v1 CITY OF CARMEL & CLAY TOWNSHIP ZONW ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 5: S-1/RESIDENCE DISTRICT 5.0 S-1/Residence District. 5.1 Permitted Uses. 5.2 Special Uses. 5.3 Accessory Building and Uses. 5.4 Heieht and Area Requirements. 5.0 S-1/Residence District. 5.0.1 PpMose and Intent. The purpose of this district is to provide for the development of innovative residential environments in keeping with the rural character of this district, by providing for a development process that allows a high degree of flexibility in the design of single-family subdivisions. Further, it is the purpose of this district to provide for a development process that allows for more efficient use of the land through the introduction of open space and conservation lands within subdivisions. It is the intention of this district to protect remaining significant natural features within this district by placing an emphasis on less intensive urban land uses. Sec. 5.0 amended per Ordinance No. Z-327. 5.1 Permitted Uses: Antenna, if collocated on an existing or previously approved tower Dwelling, Single-family Home occupation Kennel, Residential 5.1.1 Minimum Area Requirements: Use, Location Minimum Area Equivalent Density (Maximum) Acres Residential subdivision, located 0.77 acres, times number of lots in 1.3 lots, times number of acres in west of Spring Mill Road and north subdivision subdivision of 140 Street Residential subdivision, located 1.00 acres, times number of lots in 1.0 lots, times number of acres in west of Spring Mill Road, north of subdivision subdivision 116" Street and south of 141' Street Residential subdivision, located 0.77 acres, times number of lots in 1.3 lots, times number of acres in west of Spring Mill Road and south t*bs See subdivision subdivision - Residential subdivision, located east 0.35 acres, times number of lots in 2.8 lots, times number of acres in of Spring Mill Road subdivision subdivision Chapter 5: S-1/Residence District 5-1 as amended perZ-309; Z-320; Z322, Z-327; Z366-01; Z-369-01 Sumner 2002 vl CrrY OF CARMEL & CLAY TOWNSHIP ZONA ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 6: S-2/RESIDENCE DISTRICT 6.0 S-2/Residence District. 6.1 Permitted Uses. 6.2 Special Uses. 6.3 Accessory Building and Uses. 6.4 Height and Area Requirements. 6.0 S-2/Residence District. 6.0.1 Purpose and Intent. The purpose of this district is to provide for low -density single-family residential development in areas facing conversion from a rural -agricultural nature to a residential nature. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objective. The S-2 District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 6.0 amended per Ordinance No. Z 327. 6.1 Permitted Uses: - 6.1.1 Any Use Permitted in the S-1 District (Section 5.1). 6.1.2 Density requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 6.1 amended per Ordinance No. Z-327. 6.2 Permitted Special Uses: (see Chapter 11 for additional regulations.) Any Special Use Permitted in the S-1 District (Section 5.2), except: Commercial Kennel Commercial Sewage or garbage disposal plant Private airplane or helicopter landing and/or service facility and Raising and breeding of non -farm fowl and animals. 6.2.1 Minimum Area Requirements: Same as B-LDistdct regulations of Sectton 5 2..1.- - _ 6.2.2 Other Requirements: Same as S-1 District regulations of Section 5.2.2. Chapter 6: S-2/Residence District 6-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Summer 2002 vl CITY OF CARMEL & CLAY TOWNSHIP ZONIIV ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 7: R-I/RESIDENCE DISTRICT 7.0 R-1/Residence District. 7.1 Permitted Uses. 7.2 Special Uses. 7.3 Accessory Building and Uses. 7.4 Height and Area Requirements. 7.0 R-1/Residence District. 7.0.1 Purpose and Intent. The purpose of this district is to provide for low -density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objectives. The R-1 District corresponds to the Low Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 7.0 amended per Ordinance No. Z-327. 7.1 Permitted Uses: 7.1.1 Any Use Permitted in the S-2 District (Section 6.1). 7.1.2 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 7.1 amended per Ordinance No. Z-327. 7.2 Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the S-2 District (Section 6.2) (except College or University, Commercial greenhouse, Plant nursery, Radio or television transmission tower and Riding Stable). 7.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1 (except Commercial greenhouse and Plant nursery). 7.2.2 Other Requirements: Same as S-1 District regulations of Section 5.1.2. 7.2.3 Special Exceptions. (see Chapter 11 for additional regulations): Same as S-1 District regulations of Section 5.5. Chapter 7: R-1/Residence District 7-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Summer 2002 vl CITY OF CARREL & CLAY TOWNSHIP ZONAL ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 8: R-2/RESIDENCE DISTRICT 8.0 R-2/Residence District. 8.1 Permitted Uses. 8.2 Special Uses. 8.3 Accessory Building and Uses. 8.4 Height and Area Requirements. 8.0 R-2/Residence District. 8.0.1 Purpose and Intent. The purpose of this district is to provide for medium density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objective. The R-2 District corresponds to the Medium Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 8.0 amended per Ordinance No. Z-327. 8.1 Permitted -Us=-- — 8.1.1 Any Use Permitted in the R-1 District (Section 7.1). 8.1.2 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 8.1 amended per Ordinance No. Z-327. 8.2 Permitted Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the R-1 District (Section 7.2). 8.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1, except: Commercial greenhouse and Plant nursery. -Requirements;— - — — - Same as S-1 District regulations of Section 5.2.2. Chapter 8: R-2/Residence District 8-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 Summer 2002 vI SMYTH RESTER GRISHAM ATTORNEYS A Limited liabilitY rmnwdtiP JAhms W. SmY7x - IN, MI Amy G HE57ER - IN, IL DEBRA M. Gwuum- IN, IL, MO Jolla NELsoN - IN, FL ►ir r_�i1�x�rr�i � October 23, 2003 Douglas C. Haney City Attorney, City of Carmel One Civic Square Carmel, IN 46032 Re: Bruce Dear Doug: FIDELrrY PLAZA- TOWER ONE 11550 N. MERIDIAN - SUrIE 125 CARMEL, IND4WA 46032 Horne: (317) 943-5566 Fax: (317) 943-5369 aww,al�Isw.at Attached is the Motion for Continuance filed by Arvin Foland in the above referenced matter and attachments for your file, as well as the Defendants' Motion for Discovery. I see from the fax received from you today that the Motion for Continuance was granted and the hearing set for December 17, 2003. I am enclosing my proposed response to the Discovery request, which includes an objection to Request Number 1. Please contact me with any comments or your approval to send the response at the thirty day mark. Thank you for assistance. I look forward to hearing from you soon. Very truly yours, Judy Encl. cc: Adrienne Keeling GRISHAM, LLP .r STATE OF INDIANA ) )SS: COUNTY OF HAMILT014 ) CITY OF CARMEL PLAINTIFF VS. MARY C. BRUCE and MAXINE M. BRUCE, DEFENDANTS CARMEL CITY COURT CAUSE NO. 29H01-0308-OV-1966 MOTION FOR CONTINUANCE Comes now counsel for Defendant and files his Motion for Continuance, as follows: 1. This matter is now set for trial on November 19, 2003. 2. Counsel has had prior commitment for a number of weeks to be in a condo in Florida from November I 1 through November 20, 2003; and, therefore, is unavailable at the time this case is set. 3. This Motion for Continuance is not being made for the dilatory purposes; but, rather because of the status of counsel's calendar. 4. Further, discovery is not complete and is not likely to be completed by the time of the present trial setting. 4. That counsel for Plaintiff has been notified of the filing of this Motion for Continuance. WHEREFORE, counsel prays that the hearing in this matter be continued and re -set, as set forth herein, and for all other proper relief. ARVIN R. FOLAND CERTIFICATE OF SERVICE I hereby certify that a copy of the above Motion has been served upon Attorney Judy G. Hester, Smyth, Grissom & Hester, Fidelity Plaza, 11550 North Meridian Street, Suite 125, Carmel, IN 46032, by first class U.S. Mail, postage prepaid, on this j- ay of October, 2003. 6. -Ml ` ARVIN R. FOLAND ARVIN R. FOLAND ARVIN R. FOLAND & ASSOCIATES 813 CONNER STREET NOBLESVILLE, IN 46060 TELEPHONE: (317) 773-4783 ATTORNEY NO. 6869-29 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) CITY OF CARMEL PLAINTIFF VS. MARY C. BRUCE and MAXINE M. BRUCE, DEFENDANTS CARMEL CITY COURT CAUSE NO. 29H01-0308-OV-1966 DEFENDANT'S MOTION FOR DISCOVERY Comes now the Defendant, by counsel, and request Plaintiff, City of Carmel, furnish the Defendant and counsel with the following within thirty (30) days of the state of service of this request: 1. Copies of any and all ordinances, state statutes, directives, etc., which apply in this case, whether directly or indirectly. 2. Any and all documents, photographs, and materials of any type or form which Plaintiff has, related to this case, whether or not these wills be offered into evidence. 3. Any and all evidence that might be anticipated to be exculpatory. WHEREFORE, Defendant, by counsel, requests that the City of Carmel comply with Defendant's request within thirty (30) days of the date of service of this Motion for Discovery and prays for all other relief deemed proper in the premises. ARVIN R. FOLAND CERTIFICATE OF SERVICE I hereby certify that a copy of the above Motion has been served upon Attorney Judy G. Hester, Smyth, Grissom & Hester, Fidelity Plaza, 11550 North Meridian Street, Suite 125, Carmel, IN 46032, by first class U.S. Mail, postage prepaid, on this�day of October, 2003. ARVIN R. FOLAND Attorney for Defendant ARVIN R. FOLAND ARVIN R. FOLAND & ASSOCIATES 813 CONNER STREET NOBLESVILLE, IN 46060 TELEPHONE: (317) 773-4783 ATTORNEY NO. 6869-29 ARVIN R. FOLAND & ASSOCIATE Fix (31 7) 773-9079 Atwneys at Law ARVIN R. FOLAND KARL E. HADLEY, ASSOCIATE October 15, 2003 Diana Cordray Clerk of Carmel City Court One Civic Square Carmel, IN 46032 RE: City of Carmel v. Bruce Cause Number 29H01-0308-OV-1966 Dear Ms. Cordray: 8 1 3 CONNER STREET NOBLFSVILLE, IN 40060 71=LEPHONE (31 7) 773-4783 Pursuant to Trial Rule 5(E), you will find enclosed the original and one copy of a Motion For Continuance; the original and three copies of the Order of Continuance; original and one copy of Defendant's Motion For Discovery; original and three copies of Order To Comply With Discovery; and, CCS Entry. Please show these documents filed and return a file stamped copy to me in the enclosed self-addressed, stamped envelope. Sincerely yours, Arvin R. Foland Attorney At Law ARF:sah-h Enclosures / cc: Judy G. Hester CARMEL CITY COURT CITY OF CARMEL, Plaintiff, ) Vs. )CAUSE NO. 29H01-0308-OV-1966 ) MARY C. BRUCE ) and ) MAXINE M. BRUCE, ) Defendants. ) RESPONSE TO DEFENDANTS' DISCOVERY REQUESTS NOW COMES Plaintiff, City of Carmel ("City"), and responds to the discovery requests of Defendant Mary C. Bruce and Defendant Maxine M. Bruce ("Defendants"), as follows: Request No. 1 Copies of any and all ordinances, state this case, whether directly or indirectly. statutes, directives, etc., which apply in Response The City objects to Request No. 1 as burdensome and requiring undue expense. The complaint provides that the Defendants have violated Carmel/Clay Zoning Ordinance Section 8.1: Permitted Uses, specifically "Allowing a property in the R-2/Residence District to be used for purposes other than an Antenna, Single- family Dwelling, Home Occupation, or Residential Kennel. This property is being maintained as a Junk Yard." Other ordinances are referred to in the body of Section 8.1, which in turn refer to other ordinances. Various terms contained in Section 8.1 are defined in the Zoning Ordinances, which in turn contained other terms that are defined. Additionally, there are general enforcement provisions contained in the Zoning Ordinances, general enabling ordinances, and general provisions throughout Title 36, Local Government, of the Indiana Code that deal with the power of local government, zoning and enforcement of zoning laws in Indiana. It is not the City's obligation to research the matter for Defendants and/or provide an analysis of the research to Defendants. Request No. 2 Any and all documents, photographs, and materials of any type of form which Plaintiff has, related to this case, whether or not these wills [sic] be offered into evidence. Response The entire file maintained by the City on this matter is attached thereto. Request No. 3 Any all evidence that might be anticipated to be exculpatory. Response None. Furthermore, the City has attached its entire in response to Request No. 2. Respectfully submitted, Judy G. Hester Attorney for the City of Carmel CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been duly served via U.S. mail on this day of November 2003. Arvin R. Foland Douglas C. Haney Arvin R. Foland & Associates City Attorney 813 Conner Street One Civic Square Noblesville, IN 46060 Carmel, IN 46032 Judy G. Hester STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) CITY OF CARMEL PLAINTIFF VS. MARY C. BRUCE and MAXINE M. BRUCE, DEFENDANTS CARMEL CITY COURT CAUSE NO. 29H01-0308-OV-1966 ORDER OF CONTINUANCE Comes now Defendant's counsel, and having filed his Motion for Continuance herein; and, the Court, having examined the same and being duly advised in the premises, continues the hearing presently scheduled for November 19, 2003; and hereby re -sets this matter for hearing on the day of 200_, at o'clock,_ m. Notice is ordered. DATED this day of October, 2003. JUDGE, CARMEL CITY COURT DISTRIBUTION: COURT ARVIN R. FOLAND JUDY G. HESTER STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) CITY OF CARMEL PLAINTIFF vs. MARY C. BRUCE and MAXINE M. BRUCE, DEFENDANTS CARMEL CITY COURT CAUSE NO. 29H01-0308-OV-1966 ORDER TO COMPLY WITH DISCOVERY Comes now Defendant, by counsel, and files her Motion for Discovery. And the Court, having examined the same and being duly advised in the premises, now orders the City of Carmel to comply with said Motion. IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED, AND DECREED that the City of Carmel shall furnish all things requested by the Defendant in the Defendant's Motion for Discovery, or object thereto, and to do the same within thirty (30) days thereof. ALL OF WHICH IS ORDERED, ADJUDGED, AND DECREED on this day of October, 2003. JUDGE, CARMEL CITY COURT DISTRIBUTION: COURT ARVIN R. FOLAND JUDY G. HESTER SMYTMESTER GRISHATTORNEATTORNEYS ALimimd[ar=Wp JAt.4es W. SMYTFI - IN, MI JUDY G NESTER - IN, IL DEBRA M. GRIsHAM - IN, IL, MO JOHN NELSON - IN, FL LEA ELL1NOwom - IN VIA U.S. MAIL September 24, 2003 Arvin Foland Arvin R. Foland & Associates 813 Connor Street Noblesville, IN 46060 Re: City of Carmel v. Bruce Cause No. 29H01-0308-OV-1966 Dear Mr. Foland: FIDELITY PLAZA- TOWER ONE 11550 N. MERIDIAN - SME 125 CARNM- INDWNA 46032 Ph. : (317) 843-5566 Fu: (317) 843-5369 I am the attorney retained by the City to prosecute the above ordinance violation. My appearance was on file as of September 12, 2003. However, I did not receive notice of your Motion until I arrived for the trial today 30 minutes before the scheduled starting time. The trial was scheduled more than 3 weeks ago. The attorney's fees expended for trial and witness preparation on September 23 and 24, could have been avoided with proper notice of your client's desire to continue the matter. In the event there is not full compliance before the new date of November 19. 2003. the Citv will seek attomev's fees for this duplicate trial preparation. With that said, the City's goal is to bring the Bruces' property into compliance with the Carmel/Clay Land Use Regulations. I am pleased that the homeowners are represent by counsel and hopeful that your representation signals their intent to comply. I suggest that compliance could be accomplished with a number of workers, a dump truck, and a day's work. This would be much less expensive for the landowners than fighting this matter in Court or even continuing to build the fence intended to hide the dumped materials. I also point out that the fines, as of September 24, 2003, already amount to $74,500.00, as calculated below: Notice of Violation received on April 26, 2003 April 27, 2003 $100.00 April 28, 2003 $200.00 April 29, 2003 $300.00 April 30, 2003 $400.00 May 1 — September 24 $73,500.00 (147 x $500) $74,500.00 The City and the adjoining landowners would welcome the compliance with the Ordinance. Please contact me to discuss the resolution of this matter. I look forward to talking with you then. for We City of Carmel cc: Douglas C. Haney / Adrienne Keeling V DOUG HANEY N O T I C E Carmel City Court PH: (317) 571-2440 Date: 09/23/03 Vs. MARY MAXINE BRUCE Cause Number: 29H0� 0308-OV-001966 The Defendant is ordered to appear for a BENCH TRIAL at the Carmel City Court at 1Q:00 am, on 11/19/03. Gail Bardach, Judge Clerk/Deputy Court Clerk 03/05/1994 07:53 3177739079 FOLAND & ASSOCIATES PAGE 01 ARVIN R. FOLAND &.ASSOCIATES 813 CONNER STREET, NOBLESVILLE, INDIANA 46060 (317) 773-4783 FAX: (317) 773-9079 FAX TRANSMISSION COVER SHEET Date: September 22, 2003 To: Douglas Haney Cannel City Attorney Fax: 571-2484 1 Sender: ARVIN R. FOLAND Subject: City of Carmel vs. Mary Bruce and MaAne Bruce Carmel City Court Cause No. 29H01-0308-OV-1966 YOU SHOULD RECEIVE — PAGESINCLUDING THIS COVER SHEET. IF YOU DO NOT RECEIVE ALL THE PAGES. PLEASE CALL 317 773-4783 CONFIDENTIALITY NOTICE (F3 The documents accompanying this facslmlle tranamitsim Contain confidential Information. The information is intended only for the use of the inditidwl(s) or entity named above. If you art not the intended recipient, you are notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this fmimile information Is not permissible. If you received this fmimilt in cam. pleaac notify us Immediately by telephone at (317) 773-4783 to arrange for return of the original documents. Thant you. 03/05/1994 07:53 3177739679 FULAND & ASSUUlAILS NAbt 111 STATE OF INDIANA ) )SS: COUNTY OF HAMILTON ) CITY OF CARMEL PLAINTIFF VS. MARY C. BRUCE and MAXINE M. BRUCE, DEFENDANTS CARMEL CITY COURT CAUSE NO. 29H01-0308-OV-1966 Comes now Arvin R. Foland, counsel for the Defendants herein, Mary C. Bruce and Maxine M. Bruce, and waives the Initial Hearing and enters a plea of denial in this cause. e_� ARVIN R. FOLAND ATTORNEY FOR DEFENDANTS ARVIN R. FOLAND ARVIN R. FOLAND & ASSOCIATES 913 CONNER STREET NOBLESVILLE, IN 46060 PHONE (317) 773-4783 ATTORNEY NO.6869-29 03/05/1994 07:53 3171tj9bl9 FLLANL) & A55U1:1AIt5 Taut ed CERTIFICATE OF SER= 1 hereby certify that a copy of the foregoing has been served on Douglas Haney, One Civic Square, 3rd Floor, Carmel, Indiana 46032 on this A_ day of t �. Cc._ , 2003. HP OfficeJet Personal Printer/Fax/Copier/Scanner Last Fax 1= Ii= L= Identification Sep122 4:28pm Received 3177739079 Fax History Report for Carmel City Law Dept. 317-571-2484 Sep-22-03 4:29pm Dural Rwu Ru11 1:40 3 OK Hamilton Co., IN - Online Reports Page 1 of 1 Current Parcel Information Select A Different Report New Search for Current Report Disclaimer: The information available through this program is current as of 9/312003. This information has been derived from public record: that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to this property. Parcel No: 17-10-30-00-00-014,000 Property Address: 2911 136th St E Carmel, IN 46033 Deeded Owner: Bruce, Mary C Trustee 1 / 2 Int & Bruce, M Maxine Trstee 1/2 Owner Address: 2911 136th St E Carmel , IN46032 Last Changed: 2/22/2003 4:01:48 AM Legal Description: PT NE NE 138-560 A 7/2/76 289-506 & 507 3/15/78 302-882 9/13/G0 FR BRUCE 2000-45739 9/13/00 FR BRUCE 2000-45740 Secti on/ town s h i p/Range: 30/ 18/04 Subdivision Name: Block: Plat: Deeded Acres: 12.5 Political Township: Clay Lot Number(s): Most Recent Transfer Date: 3/2/2002 This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. ® 2002 Hamilton Co. Contact Us I Conditions_ of use I Site Mao I Help I HOME http://www.co.hamilton.in.us/applreportslrptparcelinfo.asp?parcelno=1710300000O14000 9/24/2003 0) O N mi 6-0 c0 T cn cz 60001 T 0) N CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 34: ZONING VIOLATIONS 34.0 Zoning Violations. 34.1 Civil Violations: Exceptions. 34.3 34.4 34.0 Zoning Violations. Definitions. A. Terms used in this Ordinance are defined as follows: 1. CIVIL VIOLATION. The erection, alteration, enlargement, maintenance or use of any building, structure or land violation of any provision of the Zoning Ordinance, Subdivision requirements, Sign Ordinance, Building Code applicable to such building, structure or land in the zone in which it is located; 2. DEPARTMENT. Department of Community Services 3. GRACE PERIOD. Extension of time granted for correction, termination, or cessation of a civil violation of the Zoning Ordinance; 4. NOTICE OF VIOLATION. Notice issued by the Department; 5. REPEATED CIVIL ZONING VIOLATION. A recurring violation of the Zoning Ordinance at the same location; or a violation of the same section of the Zoning Ordinance at a different location by the same responsible party; 6. RESPONSIBLE PARTY. Any person, firm or corporation, who uses property in violation of the Zoning Ordinance or who knowingly permits another person, firm or corporation to do so; 7. ZONING ORDINANCE. Zoning Ordinance of the City of Carmel, Township of Clay, Hamilton County, Indiana codified as Ordinance No. Z-160, as amended, and the Sign Ordinance, Carmel/Clay Township, Hamilton County, Indiana, codified as Ordinance No. Z-196, as amended. 8. ZONING OFFICIAL. The Director of the Department of Community Services or his designee. 34.1 Civil Violations: Exceptions. A. Any person, firm or corporation who uses property in violation of the Zoning Ordinance, or who knowingly permits another person, firm or corporation to do so, shall upon citation by the designated enforcement entity be deemed to have committed a civil zoning violation and shall pay Chapter 34: Zoning Violations 34-1 as amended per Z-365-01 Summer 2002 v1 CITY OF CARb1EL & CLAY TOWNSRW ZONING ORDINANCE INDUSTRIAIJMANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIAL/MANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INN. An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are furnished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such Federal or State -regulated businesses as banking, savings and loans, loan companies and investment companies. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the see igaeas unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. (amended per Z-365-01) KENNEL, COMMERCIAL. Any Lot on which four or more dogs, or small animals, at least four months of age are kept. KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of age are kept KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. L.AKF, ARTIFICIAL. A man-made body of water fed by a watercourse. LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. Chapter 3: Definitions 3-12 as amended per Z-320, Z-339; Z-340, Z-345, Z-365-01; Z-369-02 Summer 2002 vl CrrY OF CARMaL & CLAY TOWNSHIP ZONING ORDINANCE CARMEL/CLAY ZONING ORDINANCE CHAPTER 8: R-2/RESIDENCE DISTRICT 8.0 R-2/Residence District. 8.1 Permitted Uses. 8.2 Special Uses. 8.3 Accessory Buildine and Uses. 8.4 Heieht and Area Requirements. 8.0 R-2/Residence District. 8.0.1 Pumose and Intent The purpose of this district is to provide for medium density single-family residential development where adequate public facilities are available. The preservation of natural features, and encouragement of open space residential land -use patterns in this district is intended to implement the Comprehensive Plan's Residential Community Objective. The R-2 District corresponds to the Medium Intensity Residential Community on the Comprehensive Plan's Land Use Map. Sec. 8.0 amended per Ordinance No. Z-317. 8.1 Permitted Uses - 8.1.1 Any Use Permitted in the R-I District (Section 7.1). 8.1.2 Density Requirements for qualifying subdivisions shall be regulated on a sliding scale based upon the amount of open space provided. (see Subdivision Regulations, Chapter 7) Sec. 8.1 amended per Ordinance No. Z-327. 8.2 Permitted Special Uses: (see Chapter 21 for additional regulations.) Any Special Use Permitted in the R-1 District (Section 7.2). 8.2.1 Minimum Area Requirements: Same as S-1 District regulations of Section 5.2.1, except: Commercial greenhouse and Plant nursery. ---—8.2.2---Other-Requirements:- Same as S-1 District regulations of Section 5.2.2. Chapter 8: R-?/Residence District 8-1 as amended per Z-320, Z-327; Z-366-01; Z-369-02 $u=cr 2002 vl ejN ej — 0I-J,>O 7zraxw .I a threat to the health and safety of Cool Creek, its connecting waterways and properties and many homes and subdivisions surrounding it. For example: 1) This large wall of debris in front of Cool Creek is harboring potential disease carrying animals, rodents and insects in vast quantities. 2) Natural water drainage into Cool Creek is being hampered and/or diverted by this enormous pile of rubbish. 3) The water that is getting diverted is going onto properties to the east rendering yards into mush land (a virtual breeding ground for disease carrying mosquitoes)! 4) The water that may be getting through to Cool Creek is most likely taking with it contaminates such as rotting wood, (some of it stained, painted and pretreated -- remember, it was discarded fencing and debris from who knows where) and ending up in connecting waterways and properties along Cool Creek. Cool Creek could also easily be getting contaminated with the germs and diseases associated with decaying and decomposing animals (surely they didn't all survive the winter). 5) The huge piles of wood are definitely a fire risk. IF lightening should ever strike this major stack of kindling... it could start a fire that could potentially take with it the beautiful natural woods that are connected to it and are part of the Cool Creek Subdivision and other close neighborhoods as well. 6) Without a doubt, there is great potential for putting dangerous pollutants in the air, ground and the creek water from the assortment of chemicals and products that are part of all the material being blatantly and randomly dumped on this farm property. Rncr April 18, 2003 4P? 2 p� Z �O Does 3 Dear Brentwood Homeowners, This is a memo to bring you up to date on the farmland "dumping" issue. This morning my husband, Mark, and I had a meeting with Mayor Brainard and the Director of Community Services, Mike Hollibaugh. We showed them pictures of the farmland as it was last summer 2002 and a video taken this morning. Clearly, they could see how much this mass of debris has grown over the winter months. I assured them that this dumping continues on a regular basis. We discussed all the problems associated with the wide variety of material which is being disposed of on this land. Both my husband and I were encouraged by their response and their concern with solving this matter. Mayor Brainard asked Mike Hollibaugh to send out a notice today to the owners of the farmland citing several code violations as a result of the unauthorized dumping of material on their property. According to Mr. Hollibaugh, the letter that he will be sending gives the property owners approximately one week to respond. If they do not respond within that time frame, the city may proceed with monetary fines against the property owners, and a possible lean on their property. We are hoping that the city will not have to resort to financial penalties against the farm owners. We would much rather see the farmers cease the dumping and clean up the existing debris, with a written and signed assurance that there will not be any future dumping. We are also hopeful that this issue is resolved within a reasonable time frame, now that the city's community service director and mayor have taken on the task. Thank you for your support, patience and understanding. If you have any questions, feel free to call me. Sincerely, Teresa Hildebrand President, Brentwood Homeowner Association (36-9-30-34) SOLID WASTE DISPOSAL Chapter 30 Solid Waste Disposal 36-9-30-34 Solid Waste Disposal 36-9-30-35 Environmental Management 36-9-30-34 Solid Waste Disposal Sec. 34. (a) No person, firm, or corporation shall permit the accumulation of junk, rubbish, scrap metal, automotive parts, on any premise: building materials, machinery, dead trees, or parts of dead trees, (1) in a residential area; (2) within one hundred (loo) feet of any single family residence; or (3) where such material is visible from any public road or right-of-way. (b) No person, firm, or corporation shall dump, discard, abandon, or dispose of any material, rubbish, trash, or garbage upon any highway, road, right-of-way, easement, or property owned by the County, or any property immediately adjacent to that property. (c) No person, firm, or corporation shall permit any material, rubbish, trash, or garbage to be situated on that person, firm, or corporation's property so that the material, rubbish, trash, or garbage can be carried, by wind, to any highway, right-of-way, easement, or any property owned by the County. (d) No person, firm, or corporation shall deliver, discard, dispose, or permit the accumulation of garbage, trash, or rubbish upon the property of any other person, firm,. or corporation without first obtaining the consent of the person, firm, or corporation. (e) No person, firm, or corporation shall deliver, discard, dispose, or permit the accumulation or delivery of any garbage, trash, rubbish, or other material upon the property of any other person, firm, or corporation unless the person, firm, or corporation is assured that the material will be disposed of in an approved sanitary landfill or other lawful facility. 622 (36-9-30-34) SOLID WASTE DISPOSAL (f) A person, firm, or corporation who violates this Code section commits an ordinance violation. A judgment of up to Two Thousand Five Hundred Dollars ($2,500) shall be entered against a person who violates this Code section. For the purpose of this County Code Section, each day of the violation of the Code Section is considered a separate offense. Past ordinances: Ord. 12-19-83, adopted Dec. 19, 1983, 43 CM 86- 87, 88; III HCC 6. Ord. 5-22-89-2, adopted July 24, 1989, 51 CM 348, 379. Parallel citation: IC 36-9-30-34. Statutes, ordinances, or rules. Codifier's Note: Ord. 5-22-89-2 also provided: "This ordinance shall be effective upon passage and publication as provided by law." 623 Xmion C. `if'ard, Sururpor uite r: 'Than t-ir;) -.b- 455 Orte Mamthmr County, Siluare t;t-) r: qp_, 3ohlrstifir. Indian ;0000-__ it, March 3, 2003 Re: Hamilton County Stormwater Program To: Homeowner Associations, Management Companies Water pollution degrades surface waters making them unsafe for drinking, ftshittg, swimming, and other activities. In 1987, the passage of the Water Quality Act established NPDES permit requirements for discharges of stormwater. In Indiana this program is administered by IDEM (Indiana Department of Environmental Management) and is known as Rule 13. Included in the Rule 13 will be requirements that stormwater systems such as Hamilton County's will be required to: • Develop a stormwater management program designed to prevent harmful pollutants from being dumped or washed by stormw-ater runoff; into the stormwater system. • Develop a Public Education Program. In order to carry out the federally mandated requirements, Hamilton Comity is requesting that homeowner associations, neighborhood organizations• property management companies and interested community organizations provide the Hamilton County Surveyor's Office information about their organization. Attached are a few questions that will help our office keep your membership abreast of these rules and how they will affect each one of us_ Please return this questionnaire by mail, fax, a -mail or drop it off at our office. 'prank you for your assistance. If you have any questions please contact Mr. Robert Thompson, Program Manager, at our office at 776-8495. Surveyor's Office One Hamilton Co. Square Suite 198 Noblesville, IN 46060 Fax: 776-9628 email: surveyor@co.hamilton.in.us Sincerely. Kenton C. Ward Hamilton County Surveyor KCW/rct J CITY OF CARMEL, INDIANA Request For Records Pursuant To Indiana Access To Public Records Act - (I.C. 5-14-3-1, et seq., as amended) Q""t hereby request of the City of Carmel, (Name Optio al) Indiana, the right to inspect and copy the following records: CN�NChU 6'rVtola+0, Low Ia�N-�-- � Suw><wicv�s Dated this J1 day of The City may provide me with its r`i response to this �request: ❑ By telephone at g`(—L- L ❑ By facsimile transmission at ❑ By mail at �J �CiWl ❑ Other Received by: V1,0fAl 1A 0 V,at Signature: Printed Name and City Department: Sent to Legal Department for response on: Received by Legal Department on: by s:permits/Request for Information Form (May 2001) 35 m. on jp l i 200 3 by COMPLAINT AND SUMMONS CARMEL CITY COURT Cause No. 291-101- r3V8 D\`MAR DOCS Record No. 2003.0079 FILED t11(; 12003 I HE CLERK OF COURT CARMEL CITY COURT The undersigned having probable cause to believe and being duly sworn upon his/her oath says that on: DATE: Continuous on and after April 22, 2003 LOCATION: 2911 East 136"Street, Carmel, IN 46032 OWNER(S): Mary C Bruce & Maxine M Bruce, Trustees Mailing Address: 2911 East 136"Street City, State, Zip: Carmel, IN 46032 DID VIOLATE THE FOLLOWING ORDINANCE OFFENSE: Allowing a property in the R-2/Residence District to be used for purposes other than an Antenna, Single-family Dwelling, Home Occupation, or Residential Kennel. This property is being maintained as a Junk Yard. ZONING ORDINANCE SECTION: 8.1: Permitted Uses NOTICE OF VIOLATION ISSUED: April 22, 2003 at 4:00pm Number of Days Provided in Notice: Ten (10) Actual Days of Notice Given: One hundred fifteen (115) (as of August 15, 2003 ) CIVIL FINE ASSESSED: $500 per violation 4 affirm unde^r the penalty of perjury, as specified by 1C 35-44-2.1, that the foregoing representations are true. t/ J(drienne KeeliA, Code Enforcement Officer Department of unity Services One Civic Square Carmel, IN 46032 317-571-2423 Approved by Douglas C. Haney, armel City Attorney City of Carmel ii ws r7— 2003 COURT APPEARANCE: DATE & TIME: oiDDj l L CARMEL CITY COURT * City Hall * 2nd Floor One Civic Square * Carmel, IN 46032 ABSTRACT OF COURT RECORD Cause No. Page No.. Docket No. Court No. COURT ACTION The Complaint within has been examined and there is probable cause for filing the same. Leave is hereby granted to file the Complaint. Complaint filed. Rearrest Bail $ Bond $ Date Recall Continuance to Motions Date 1. 2. 3. 4. 5. 6. Attorney for Defendant Phone COMPLAINT AND SUMMONS Plea: Finding: ❑ Admit (3 Judgement for Plaintiff ❑ Failure to Appear ❑ Noto Contendere ❑ Judgement for ❑ Failure to Pay ❑ Deny Defendant The court thereby, enters the following order: Fine: $ Costs: $ (State) S/F: $ Date $ (City) Judge's Signature and Certification Other Actions: Motions, Continuances, Rulings Witness Witness NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: April 22, 2003 AT 4:00 P.M. City of Carmel/Clay Township RECORD # 2003.0079 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 2911 East 136th Street, Carmel, IN 46032 OWNER or TENANT: Mary C Bruce, Trustee & Maxine M Bruce, Trustee Mailing Address: 2911 East 136u Street, Carmel, IN 46032 Nature of Violation: Establishing and maintaining a junk yard in the R-2/Residence District Ordinance Section Violated: Carmel/Clay Zoning Ordinance, Section 8.1.1: R-2/Residence District, Permitted Uses Date/Time of Violation: Since April 22, 2003 Abatement Period: The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above within ten (10) calendar days from the date of this notice. Fine for unabated violation: Up to $100.00 - First Violation* Up to $200.00 - Second Violation* Up to $300.00 - Third Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Comments: See enclosed definition of Junk yard Per Carmel/Clay Zoning Ordinance DO NOT DISREGARD THIS NOTICE!! �lease contact the inspector listed below immediately / _ 1i Inspector Name: CERTIFIED NOTICE - RETU Phone (317) 571-2423 RECEIPT REQUESTED [S:WC a Enfo c mentWouc & Le mU911 E ISvatdoc422Y13] Hamilton Co., IN - Online Reports Page 1 of 1 Current Parcel Information Select Dlff�t Report I New Sea Qr Current Report Online Repa1 Disclaimer: The information available through this program is current as of January 2003. This information has been derived from public rn that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to this property. Parcel No: 17-10-30-00-00-013.000 Property Address: 2907 136th St E Carmel, IN 46033 Deeded Owner: Dehne, Steve L Owner Address: 2907 136th St E Carmel , IN46032 Last Changed: 6/20/01 11:15:30 PM Legal Description: PT NW NE UDA 1/5/87 FR WELLS 8700182 SectionfTownsh ip/Range: 30/18/04 Subdivision Name: Block: Plat: Deeded Acres: 5.67 Political Township: 3 Lot Number(s): Instrument Number: This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. © 2002 Hamilton Co. Contact Us I Condit!ons of Use I Site Map I Hemel I HOME http://www.co.hamilton.in.uslapplreportslrptparcelinfo.asp?pareelno=1710300000013000 4/21/2003 Hamilton Co., IN - Online Reports Page 1 of I Current Parcel Information Sol ctA_Differgnt-R-epont I New Sesr�0yrz4at Report Disclaimer: The information available through this program is current as of January 2003. This information has been derived from public rt that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaininq to this property. Parcel No: 17-10-30-00-00-013.001 Property Address: 0 136th St E Carmel, IN 46033 Deeded Owner: Dehne, Steven L Owner Address: 2907 136th St E Carmel , IN46032 Last Changed: 06/20/2001 11:15:31 PM Legal Description: 145.0 X 250.0 UDA 7/15/75 146-445 SURV 3/19/85 FR WELLS 347-889 & 890 S ecti onf-row n s h i p/Range: 30/18/04 Subdivision Name: Block: Plat: Deeded Acres: 0.83 Political Township: KSTO Lot Number(s): Instrument Number: This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the We_bmaster. ® 2002 Hamilton Co. Contact Us I Conditions of Use I Site Map I Help I HOME http://www.co.haniilton.in.uslapp/reportslrptparcehnfo.asp?parcelno=1710300000O 13001 4/21 /2003 Keeling, Adrienne M From: Tingley, Connie S Sent: Tuesday, April 22, 2003 11:19 AM To: Keeling, Adrienne M Cc: Hohlt, William G; Blanchard, Jim E; Kendall, Jeff A; Hollibaugh, Mike P Subject: RE: new record complaint 2003.0079 -----Original Message ----- From: Keeling, Adrienne M Sent: Tuesday, April 22, 2003 10:40 AM To: Tingley, Connie S Subject: new record 2911 E 136th Street, junk yard in R-2/Residence District. Same property as 2001.0216. Filed by Mark & Teresa Hildebrand, 848-9720. Thanks, Adrienne No Text CITY OF CARMEL DEPARTMENT OF COMMUNITY'SERVICES TRANSMITTAL PLEASE NOTE: OUR FAX NUMBER IS NOW: (317) 571-2499. From: Building & Code Enforcement Dept. of Community Services One Civic Square Carmel, IN 46032 Ph. 317 5712444 fax 317 5712499 ❑ The material you requested ❑ For review and comment Additional Notes: s:\permits folder transmittal blank ❑ For your information ❑ For approval TRANSACTION REPORT P,O1 SEP-25-2003 THU 10:14 AM FOR: DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP SEP-25 10:12 AM 98435369 1'06" 6 SEND OK 213 X lK TOTAL iM 6S PAGES: 6 •r CITY OF CARMEL DEPARTmy,NT OF comm nfyiSERVTCES TRANSMITTAL PLEASE NOTE: OUR FAX NUMBER IS NOW. (317) 571-Z09. bate: To: From: Building 6 Code Enforcement Dept. of Community Services One Civic Square C2�jG� Carmel, IN 46032 Ph. 317 5712444 fax 317 5712499 INSPECTION HISTORY CITY OF CARMEL Page CASE NO ADDRESS OWNER DATE DESCRIP iHaV4� 2003.0079 2911 136TH ST E BRUCE, MARY C & MAXINE M, TRUS Nov 13, 2003 Junk yard see also 2001.0216 TIME TYPE INSP ------------------------------------ ------------------------------------ 12/17/03 13:40:22 23 COURT AMK 12/16/03 09:29:26 08 R AMK 10/23/03 11:43:27 77 COMMENT AMK 09/24/03 11:50:16 77 COMMENT AMK 09/23/03 08:27:09 08 R AMK 08/27/03 11:47:40 10 CITE-Z AMK 08/01/03 09:54:33 22 LAW 06/02/03 16:31:52 08 R AMK 05/19/03 09:43:01 08 R AMK 05/01/03 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT 04/26/03 08:28:37 77 COMMENT AMK 04/22/03 LETTERSENT 04/18/03 COMMENTS COMMENTS ---------------------------- ---------------------------- COURT HEARING CONTINUED AT REQUEST OF BRUCE'S ATTORNEY. NEW DATE DECEMBER 17, 2003. BRUCE, BY COUNSEL WAIVES INITIAL HEARING & ENTERS PLEA OF DENIAL. BENCH TRIAL SET FOR 10AM ON NOVEMBER 19, 2003. PAPERS IN FILE. ARVIN R. FOLAND, COUNSEL FOR DEFENDANT. AK MATERIALS STILL BEHIND FENCE AT BACK OF PROPERTY. PHOTOS IN FILE. AK AK SENT CITATION PAPERS TO DEPARTMENT OF LAW FOR REVIEW AND COURT FILING. AK LARGE PILES HAVE MOSTLY BEEN REMOVED. HOWEVER, WOOD (NOW BEHIND FENCE) REMAINS PHOTOS IN FILE. AK WILL SPEAK WITH OTHERS TO DETERMINE HOW TO PROCEED. AK SOME PROGRESS WAS OBSERVED. AK AND JK WILL RECHECK AFTER JUNE 1. PHOTOS IN FILE. AK JK & AK MET WITH MAXINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK CERTIFIED RECEIPT SIGNED BY MAXINE BRUCE Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0079 ADDRESS : 2911 136TH ST OWNER : BRUCE, MARY C DATE : Nov 13, 2003 E & MAXINE M, TRUS possible. INSPECTION HISTORY CITY OF CARMEL Page 1 CASE NO : 2003.0079 ADDRESS : 2911 136TH ST OWNER : BRUCE, MARY C DATE : Apr 29, 2003 DESCRIP : Junk yard see E & MAXINE M, TRUS also 2001.0216 DATE TIME TYPE INSP -------------------------- ------ -------------------------- ------ 04/29/03 08:54:42 77 COMMENT 04/22/03 04/18/03 LETTERSENT COMMENTS COMMENTS OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE INDUSTRIAIJMANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIAL/MANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of row materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INN. An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are fiunished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such Federal or State -regulated businesses as banking, savings and loans, loan companies and investment companies. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the eeatigeeus unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. (amended per Z-365-01) KENNEL, COMMERCIAL. Any Lot on which four or more dogs, or small animals, at least four months of age are kept. KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of age are kept KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. LAKE, ARTIFICIAL. A man-made body of water fed by a watercourse. LANDSCAPED GREEN AREA. An area which includes live plantings other than grass. The size of planting at the time of installation shall be not less than a minimum of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. Chapter 3: Definitions 3-12 as amended per Z-320; Z-339; Z-340; Z-345, Z-365-01; Z-369-02 Summer 2002 vt Department of Community Services Property Activity Form Full Address of Property 2911136TH ST E Date Filled: 04/22l2003 Type Of Activity: Junk yard Record Number: 2003.0079 Property Owner : BRUCE, MARY C TRUSTEE Same As Owner Address of Activity 2911136TH ST E Mailing Address: Phone : Comments : Name Of Filer: IMARK & TERESA HILDEBRAND Address: Phone: 84&9720 Comments: Department of Origin : DOCS-CT Letter 1 Sent : Letter 2 Sent: Letter 3 Sent : Date Of Update: Comments: g/200� Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking on the property. Mike Hollibaugh was in attendance; his notes are in the Me. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodentlinsect breeding, disruption of natural drainage, and possible fire hazard. of violation for violation of land use will be sent as soon as possible. 0411g/2003 Property Information Parcel Number: 17103D0000014000 Property Address: UNff No HO NO HOLSEMAU. 2911 0.00 136TH ST E CARMEL 46OU LOT R: SUBWSECT: LOCATION: WATER SERVICE: SEWER SERVICE SEMM: LAND DISTRICT: SCHOOL DI5IM7: PIATNUMBER: 30 BLOCK is MERIDIAN: 060 TAXING UNR: USAGE CODE: OMICrLOT: TOWNSHIP: 17 DEEDED ACRES: 499 D017 1s 12.50 Owner Information ENMF: M1XM9W iAXPAYFP E'. MARY C R MARY M RRUCE gOCRER: 0051572 2911 136TH ST E CW. STATE: ID CARMEL IN 46032 Department of Community Services PROPERTY INFORMATION AND ACTIVITY TRACKING Building Permits APP,CATION NO. APPLICATION DATE: REPWRE: Pg�y1 NO: PEIRNR BKIFO: PEWABBTAlUB: RECFPI3: Permits AFPLICgiKJNS: FERMRS ftSIIEO: RFCFIPIS: Planning, BZA & Complaints PC DOCKET BZA DOCKET COMPIAINTS -_ 2001,0216 2003.0079 LEI 1 Description Reor'd Date Sent Appr'd Building Permit Payment - Water Payment _ Sewer Payment - Truss Specs ❑ Survey Certificate ❑ Engineering Certificate ❑ Zoning Approval ❑ Development Permit ❑ Fire Department ❑ Gas Inspector ❑ Temporary Occupancy Approved: Expires: Occupancy Certificate Approved: Insp: Received I BZA SUBDIV. ACTIVITY N COMM. COMPLAINTS s Other Hamilton Co., IN - Online Reports Page 1 of 1 Current Parcel Information Select A Different Repor[ I New Search for Current Report Disclaimer: The information available through this program is current as of January 2003. This information has been derived from public r< that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaininq to this property. Parcel No: 17-10-30-00-00-014.000 Property Address: 2911 136th St E Carmel, IN 46033 Deeded Owner: Bruce, Mary C Trustee 1 / 2 Int & Bruce, M Maxine Trstee 1/2 Owner Address: 2 136th St E Carmel,IN46032 Last Changed: 10/16/01 10:20:24 AM Legal Description: PT NE NE 138-560 A 7/2/76 289-506 & 507 3/15/78 302-882 9/13/00 FR BRUCE 2000-45739 9/13/00 FR BRUCE 2000-45740 Section/Township/Range: 30/18/04 Subdivision Name: Block: Plat: Deeded Acres: 12.5 Political Township: Lot Number(s): Instrument Number: This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. m 2002 Hamilton Co. Contact Us I _Conditions of Use I Site Mao I Kelp. I HOME http://www.co.hamilton.in.us/applreportslrptparcelinfo.asp?parcelno=1710300000O14000 4/21/2003 INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0079 ADDRESS : 2911 136TH ST E OWNER : BRUCE, MARY C & MAXINE M, TRUS DATE : Aug 28, 2003 DESCRIP : Junk yard see also 2001.0216 DATE TIME TYPE INSP COMMENTS -------- -------- ---------- ---------- ---------------------------------------- ------------------------------------ ---------------------------------------- 09/24/03 13:40:22 23 COURT AMK 08/01/03 09:54:33 22 LAW AK SENT CITATION PAPERS TO DEPARTMENT OF LAW FOR REVIEW AND COURT FILING. AK 06/23/03 08:27:09 08 R 06/02/03 16:31:52 08 R 05/19/03 09:43:01 08 R 05/01/03 16:44:39 19 MTG OWN 04/29/03 08:54:42 77 COMMENT 04/22/03 04/18/03 LETTERSENT COMMENTS AMK AMK LARGE PILES HAVE MOSTLY BEEN REMOVED. HOWEVER, WOOD (NOW BEHIND FENCE) REMAINS PHOTOS IN FILE. AK WILL SPEAK WITH OTHERS TO DETERMINE HOW TO PROCEED. AK AMK SOME PROGRESS WAS OBSERVED. AK AND JK WILL RECHECK AFTER JUNE 1. PHOTOS IN FILE. AK JK & AK MET WITH MAXINE BRUCE ON THIS DATE. MRS. BRUCE INDICATED THAT THE MATERIALS ARE TO IMPROVE THE BUILDINGS IN THE AREA. IT WAS AGREED THAT THE GATHERING OF MATERIALS HAS GOTTEN EXCESSIVE. FOLLOW UP INSPECTION WILL TAKE PLACE IN 15 DAYS TO CHECK PROGRESS AND ALL TO BE GONE WITHIN 30 DAYS. MRS BRUCE AGREED THAT MATERIALS NEEDED FOR IMMEDIATE IMPROVEMENTS WILL BE STACKED AT SPECIFIC BUILDINGS. AK PROVIDED A RECYLCLING LIST OF PLACES THAT LEFTOVER MATERIALS MAY BE TAKEN. AK OWNER MAXINE BRUCE CALLED AFTER RECEIV- ING THE NOTICE. AK SUGGESTED SHE COME TO THE OFFICE TO TALK WITH STAFF. BRUCE WILL CALL BACK TO SET UP A TIME. AK Certified Notice to Bruce. 10days. AK Mark and Teresa Hildebrand met with the Mayor on this date regarding dumping that is taking place on the property. Mike Hollibaugh was in attendance; his notes are in the file. Hildebrand are concerned about piles on the property and the potential for chemical contamination of the creek, rodent/ insect breeding, disruption of natural drainage, and possible fire hazard. Notice of violation for violation of land use will be sent as soon as possible. CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE INDUSTRIAUMANUFACTURING USE, HEAVY. An industrial use which requires both building and open area for manufacturing, fabricating, processing, repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes which is not injurious to health or safety of humans or animals, or injurious to vegetation and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits established herein. INDUSTRIAL MANUFACTURING USE, LIGHT. An industrial use which creates a minimum amount of nuisance outside the plant, is conducted entirely within enclosed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purpose other than transporting goods between buildings, provides for enclosed loading and unloading berths and which is not noxious or offensive by reason of the emission of smoke, dust, fumes, gas, odors, noises or vibrations beyond the limits established herein. INN. An establishment used, maintained or advertised as a place where sleeping accommodations are supplied for short-term rent (less than 30 consecutive days) to tenants, in which rooms are furnished for the accommodations of such guests, which may have as an accessory use one or more dining rooms, and which may include individual kitchen facilities. INSTITUTION. A non-profit organization established for public, charitable, educational or religious purposes such as church, college or university, hospital or school. INSTITUTION, FINANCIAL. Any building wherein the primary occupation is concerned with such Federal or State -regulated businesses as banking, savings and loans, loan companies and investment companies. JUNK YARD. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or sorted, including, but not limited to used or salvaged base metal or metals, their compounds or combinations; used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter; and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom JURISDICTION OF THE COMMISSION AND THE BOARD. The City of Carmel, Indiana and the eeatigueus unincorporated territory of Clay Township, Hamilton County, Indiana. The jurisdiction of the Board is identical. (amended per Z-365-01) KENNEL, COMMERCIAL. Any Lot on which four or more dogs, or small animals, at least four months of age are kept. KENNEL, RESIDENTIAL. Any Lot on which three or less dogs, or small animals, at least four months of age are kept. KINDERGARTEN (PRE-SCHOOL). A school for children primarily between the ages of three and five, providing preparation for elementary school. LAKE, ARTIFICIAL. A man-made body of water fed by a watercourse. LANDSCAPED GREEN AREA. An area which includes Iive plantings other than grass. The size of planting at the time of installation shall be not less than a miuurnrm of 18 inches width and height for shrubs, a minimum of 4 - 5 feet in height for evergreen conifer trees and a minimum of 6 - 8 feet in height for shade trees. Chapter 3: Definitions 3-12 as amended perZ-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02 Summer 2002 vl Department of Community Services PROPERTY INFORMATION AND ACTIVITY TRACKING Property Information 1puliding. Permits Parcel Number: 1710300DWO14000 APPLICAT" NO: APPLICATION DATE: REPTVPE: Property Address: UNRNo. HOUSEN'O. HOUSE PRACT, 2911 0.00 136TH ST E Cm CARMEL SUBDM90N : LOTr SUBDV SECT: ZONNJG: LOCATK]N: WATER SERVICE: SEWER SERVICE: SECTK : LAND DISTRICT: SCHOOL DISTRICT: PLAT NUMBER: 30 060 BLOCK f: MERIDIAN: TAXNG UNIT: USAGE CODE: 17 499 DISTRICT LOT: TOWNSHIP: DEEDEDACRES: 0017 IS 12.50 MARY C 6 MARY M BRACE 0051672 ADORES: 2911 136TH ST E CRY: STATE: LP CARMEL IN 46032 PSMTNO: PERfAfTBSIIED: PFMNTBfAlU4'. TRC9i13: APPLICATKKJS PERMRB GAED: RT{.'ePK PC DOCKET B7A DOCKET COMPLAINS 2001.0216 lU6DfR5 Ifi SUBDIV, ACTIVITY LUMBERS NCOMM. COMPLAINR Description Rear'Date Sent Appr'd Building Permit Payment Water Payment _ Sewer Payment - Truss Specs ❑ Survey Certificate ❑ Engineering Certificate ❑ Zoning Approval ❑ Development Permit ❑ Fire Department ❑ Gas Inspector ❑ Received Other Imo- J _- Temporary Occupancy Approved: Expires: I Occupancy Certificate Approved: Insp: • nA+g I ,y�� ITV • •'4 • l J - 1 s r Page 1 of 1 t 1 r` Ilk - DEC 9 100a file://E:\DCIlM100MSDCFIDSC00776.JPG 12/9/2003 City calls Adrienne Keeling. Please state your name for the record. Adrienne Keeling Where are you employed? City of Carmel What is your position with the City? Code Enforcement Officer Have long have you been in that position? Two years What are your duties in that position? When complaints are received, I am responsible for investigating the complaint, whether I personally investigate it or send a building inspector to initiate the investigation. If a property is out of compliance with the City Ordinances, I work with the property owner to bring the property into compliance. If a property owner is not cooperative or a property remains out of compliance, I am responsible for the enforcement process, including the Notices of Correction, Notices of Violation, and filing of the Complaints with the court. In your position with the Code Enforcement Department, have you had an occasion to deal with Mary and/or Maxine Bruce and/or their property located at 2911 E. 136th Street, Carmel, IN 46033. Yes Please explain the events that gave rise to your dealings with the Bruces or their property? In April 2003, the City received complaints from the adjoining landowners that there was a junkyard on the property. They specifically complained that there was dumping taking place on the property and they were concerned about a fire hazard, a breeding ground for rodents and insect, and possible chemical contamination of the creek behind the properties. Our office inspected the property on 136th Street on April 22, 2003, found there was a violation, and then mailed a Notice of Zoning Ordinance Violation to the Bruces. I show you an aerial photograph I have marked as City's Exhibit 1. Can you identify this photograph? Yes, it a picture that includes the land located at 2911 E. 136th Street. Could you please identify for me the roads on City's Exhibit 1 and the Property's position with regard to the road? Yes. The road with the red lines is Keystone. The Property is East of Keystone. The road with the blue line is 136th Street. The Property is South of 136th Street. Could you please write Keystone and 136th on this photograph in the appropriate place? Yes. Could you please identify the buildings on the photograph by labeling them? Yes. Barn, retirement home, homes, etc. Have you been to the property at 2911 E. 136th Street? Yes And you recognize this aerial photograph as 2911 E. 136th Street? Yes Does it accurately depict the lay -out of the Property? Yes, I move to introduce City's Ex. 1 into evidence. I now show you a series of photographs I have marked as City's Exhibit 2. Can you tell me what these are pictures of? These pictures of the property on the day the Notice of Violation was served, April 22, 2003. They show the various materials dumped and stored in the back of the property. Were you at the property at 2911 E. 136th Street on April 22? Yes Does Exhibit 2 accurately depict the property as of April 22, 2003? Yes, I move to introduce City's Ex. 2 into evidence. I move to introduce City's Exhibit 2 into evidence. Can you please show me on City's Ex. 1 where these dumped and stored materials shown in the pictures were located on April 22, 2003? Yes. Could you put X's on the picture there please? I show you what is marked as City's Exhibit 3. Do you recognize the document? Yes, it is the Notice of Violation for the property dated April 22, 2003. Is this your signature at the bottom? Yes. Please read the section of Exhibit 3 marked "Location of Violation." 2911 E. 136`h Street Please read the section of Exhibit 3 marked "Ordinance Section Violated." Carmel/Clay Zoning Ordinance, Section 8.1.1: R- 2/Residence District, Permitted Uses. OK, we will get back to this section a little later. Did you in fact mail the Notice of Violation to Mary and Maxine Bruce? Yes. I move to introduce Exhibit 3 into evidence. How did you serve the Notice of Violation? It was sent by certified mail, return receipt requested. Did you receive the receipt showing that the Notice had been served. Yes. I show you what is marked as City's Exhibit 4. Do you recognize it? Yes, this green card dated the same date as the Notice of Violation and signed by Maxine Bruce, showing it was received. Back to the violation set forth in the Notice of Violation, let me first ask you what zoning district the Property is located. It is located in . R-2/Residence District. How do you know that it is in an R-2 zoning district? The Carmel/Clay Zoning Maps provide that it is in the R-2 district. I show you what is marked as City's Exhibit 5. Do you recognize it? It is a copy of the Carmel/Clay Zoning Maps. Can you circle on here the location of the property in question here? Yes. o0�k) I move to introduce Exhibit 5 into evidence. And what does th&Carmel/Clay Land Use Regulations, Section 8.1.1, permitted uses provide? It provides the permitted uses in the R-2 zoning district. It specifically states that the permitted uses are those permitted in the R-1 zoning district, which refers to the permitted uses in the S-2 district, which finally refers to the permitted uses in the S-1 district. The S-1 district provides that the permitted uses are Antenna, home occupation, residential kennel and a single-family home. rl does not include a junky�rdi:� The City asks the court to take judicial notice of Carmel/Clay Land Use .Regulations, Sections 8.1.7.1, 6.1, and 5.1. alA w YJ�, [,U+N? VAL(WdUI�duc4 nkathe%armel/Clay LandEkwIn(osw skow yvotua definition fj nUse Regulations. Could you please read it to the court? (Read) The City asks the court to take judicial notice of the definition of junkyard from the Carmel/Clay Land Use Regulations set forth in Section 3.7 of the Carmel/Clay Land Use Regulations. Based upon your experience as a Code Enforcement Officer did the property meet the definition of a junkyard and violate the ordinance as of April 22, 2003?' -es Did Maxine or Mary Bruce contact you after they received the Notice of Violation? Yes. They met with me on May 1, 2003. They stated that the materials were supposed to be used to improve the buildings on the property. But they agreed that thegathering of materials had gotten excessive. I advised them that the City would do a follow up inspection in 15 days and that all the materials were to be gone in 30 days. We agreed that the materials needed for immediate improvements to the other buildings would be stacked by those specific buildings. Did the Bruce's move the materials? They moved some of the materials, but the majority of the materials remain and others were added. I now show you a series of photographs I have marked as City's Exhibit 6. Can you tell me what these are pictures of? These pictures of the property on May 19th, more than 15 days after our meeting. They show the various materials dumped and stored in the back of the property in comparison to the photos taken on April 22. Were you familiar with the property at 2911 E. 136th Street on or about May 19? Yes Does Exhibit 6 accurately depict the property as of May 19, 2003? Yes. I move to introduce City's Ex. 6 into evidence. I now show you a series of photographs I have marked as City's Exhibit 7. Can you tell me what these are pictures of? These pictures of the property on June 2, more than 30 days after our meeting. They show the various materials still stored at the back of the property. Were you familiar with the property at 2911 E. 136th Street on or about June 2? Yes Does Exhibit 2 accurately depict the property as of June 2, 2003? Yes. I move to introduce City's Ex. 7 into evidence. What more, if anything, did you do at this time? I filed the Complaint and Summons on August 21, 2003 I show you what is marked at Plaintiffs Exhibit 8. Do you recognize the document? Yes, it is the Complaint. °-%', P-A � IU-".k Please read the section of Exhibit 8 marked "Location." Please read the section of Exhibit 8 marked "Did Violate the Following Ordinance." I move to introduce Exhibit 8 into evidence. How did you serve the Complaint and Summons? It was sent by certified mail, return receipt requested. Did you receive the receipt showing that the Notice had been served. Yes. I show you what is marked as City's Exhibit 9. Do you recognize it? Yes, this green card dated the same date as the Complaint and Summons and signed by Maxine Bruce, showing it was received. I now show you a series of photographs I have marked as City's Exhibit 10. Can you tell me what these are pictures of? These pictures of the property on September 23. They show the various materials still stored at the back of the property. Were you familiar with the property at 2911 E. 136th Street on September 23, 2003? Yes Does Exhibit 10 accurately depict the property as of September 23, 2003? Yes. I move to introduce City's Ex. 10 into evidence. '\ Z� t�� . , atr`vaS(,t�py�5 �CjVl Vuz- Does the current condition of the property violate the Carmel/Clay �� Land Use Ordinance. Yes. A(L4) What are the fines for violation? The Ordinance provides fines for violations at $100 the first day, $200 the second day, $300 the third day, $400 the 4th day, and $500 for every day thereafter. The fines from April 22, 2003 forward equal $76,000. The City asks the court to take judicial notice of the fine provisions of the Carmel/Clay Land Use Regulations set forth in sections 34.1 and 34.2. Have you calculated the amount of time you and the building inspector have spent on attempting to resolve this matter? The Department has spent approximately 15 hours on this matter. (I will call Randy Wilson) Based upon the lack of cooperation from the Defendant over the last 5 mo., the City's attempts to obtain compliance, and the work expended by the City, the City asks for a order that imposes the full fine of $74,500.00 to be paid by October 24, 2003, with the fine to be reduced to $3,000 if the property is clean and brought into compliance with the Zoning Ordinance by October 24, 2003. 2003.0079- 2911 East 136`h Street April 22, 2003 Page 1 of 1 file:1/S:\Code%20Enforcement\Photographs\2003%20Record%20Numbers\2003.0079\2003... 5/1/2003 Page 1 of 1 file://S:\Code%20Enforcement\Photographs\2003%20Record%20Numbers\2003.0079\2003... 5/1/2003 Page 1 of 1 OWb- y: Yf 47� .� 10� file://S:\Code%20Enforcement\Photographs\2003%20Record%20Numbers\2003.0079\2003... 5/1/2003 Page I of 1 file://S:\Code%20Enforcement\Photographs\2003%20Record%20Numbers\2003.0079\2003... 5/l/2003 Page 1 of 1 file:HS:\Code%20Enforcement\Photographs\2003%2ORecord%a2ONumbers\2003.0079\2003... 5/1/2003 Page 1 of 1 file://S:\Code%20Enforcement\Photographs\2003%20Record%20Numbers\2003.0079\2003... 5/l/2003 u • ^ _ ��arv-� _ : ter. -.! ;. .......... •�• � "•• � � - far �• �: 4 _ t "+ r i l Jo reel 1 No Text ,' `— �"'"�ar . .. 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