Ten years, or more, spent simply trying to get housing ordinances enforced is becoming a wee bit wearisome.
Having had a dumpster on a property next to me for over twenty years (by the time I moved in), it took the City Council to pass an Ordinance no dumpsters allowed on the front lawns of any properties unless a permit is issued and same removed within X amount of days. TWENTY YEARS.
There has been talks of forming a new City Court, which has been attempted in the past and failed.
There was an effort by citizens to get a "Code Enforcement Officer" appointed -- that would surely get us where we need to go -- cleaning up this town.
The following "Cleanliness" Ordinance is on the Books. Printing it, reading it and realizing the City Attorney isn't even needed for these issues to be remedied, I hope, is eye opening on who is not doing their jobs, and then you just have to ask WHY NOT? WE PAY YOU. YOU WORK FOR US AND NOW WE ARE $1.6 MILLION IN THE HOLE JUST IN THE GENERAL FUND...
Let the Ordinance speak for itself:
150.101 CLEANLINESS OF PREMISES
(E) INSPECTION AND NOTICE OF VIOLATION
(1) To determine compliance with this chapter, the BUILDING COMMISSIONER is entitled to enter upon the premises of any real property within the City.
(2) If the Building Commissioner determines there is a violation of this section, he or she shall send by mail, a written notice to the owner(s) of the real estate, and to all other persons holding a substantial interest in the real estate (hereinafter "landowner"), requiring removal of the material and vehicles within 20 days.
(3) The notice must also inform the landowner that failure to comply will result in the city removing and disposing of the material and vehicles at the landowner's expense.
(4) The notice must also inform the landowner of his or her right to appeal the BUILDING COMMISSIONER'S determination, according to the procedure set forth within.
(5) The BUILDING COMMISSIONER will determine the landowner's identity from the duplicate records of the COUNTY AUDITOR.
(F) FAILURE TO REMOVE AND NOTICE OF ABATEMENT
(1) If the landowner fails to remove the material and vehicles within the time prescribed, the BUILDING COMMISSIONER shall cause the city or its agent to remove and dispose the material and vehicles, as allowed under IC 36-1-6-2, as amended.
(2) The BUILDING COMMISSIONER must then prepare a certified statement of the actual costs the city incurred in removing and disposing of the material and vehicles, plus any additional administrative costs incurred in the city's effort to enforce this section.
(3) The certified statement of costs must be delivered to the landowner of the property, by certified mail, at his or her last know address, as determined by the tax duplicate records of the COUNTY AUDITOR.
(4) The landowner must pay the amount specified in the certified statement to the CITY CLERK within 20 days after receiving the statement.
(5) If the landowner fails to pay the amount require within the required time, a certified statement of the landowner's failure to pay the costs will be filed with the office of COUNTY AUDITOR.
(6) Pursuant to IC 36-7-9, as amended, the COUNTY AUDITOR will then place the amount claimed on the tax duplicate against the property affected by the work. The amount will thereafter be collected and disbursed to the General Fund of the City as other property taxes.
(G) LIEN UPON PROPERTY
(1) In addition to the above procedures, if the landowner fails to remove the material and vehicles within the time specified in the notice provided herein, and the city or its agent must remove the material and vehicles, the BUILDING COMMISSIONER shall file with the COUNTY RECORDER a lien against the property, which may be foreclosed as are other similar liens.
As a dear past Building Commissioner friend of mine, who passed away recently, said "the hardest thing about being the Building Commissioner is keeping your hands in your pocket". How true it was then, and same holds true today.
Now, if just one logical person can answer the "whys" of "why" we can't accomplish what our goal is -- I'm up for it. The LAWS are on the book - so you tell me.
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8 comments:
"the hardest thing about being the Building Commissioner is keeping your hands in your pocket" I'm thinking this means corruption? Bribes? Is that true? Wow.
I have copied the posting I put over on D.I.T.D. to place here as well since it seems to fit well...
A point in case regarding the overload of the city attorney...When ever the NAPD cites someone for noise violations, parking violations, littering, jaywalking, etc... These are examples of citing someone for a city ordinance, NOT a state law infraction (in most cases), even though these can be drawn up on a state uniform citation for most, they can also been done on the dreadful little yellow envelope. I might add that when and NAPD officer feels the totality of circumstance warrants the issuance of a citation for an ordinance infraction, they do not take into consideration how busy the city attorney is.
The violations of most of the housing codes that have been discussed recently are of the same nature, they are for the most part city ordinance violations, and should be cited accordingly, whether it is a rental property, or owner occupied.
again your information is flawed
Thank you, for this great article that shows the laws now on the books in New Albany. We should encourage all of the City Officials and all
interested citizens to read the law and demand that the City of New Albany Administration gets busy and follows the laws on the books now.
Stormwater Billing Question-------
In the Sunday Courier, there is an article about the Stormwater Board and the costs and fees.
In New Albany the residents are paying a monthly fee of $3.17 per month.
The County Officials are placing their Stormwater Fee on our tax bills as an additional tax fee.
Now--- Are we in New Albany going
to be paying the $ 3.17 monthly fee
and also, receive and additional
fee on our tax bill for Stormwater?
Would someone please explain ?
So many questions and thoughts...
Gina, Mr. Crosley use to be our Building Commissioner and then became the State of Indiana's Building Commissioner. He was a good person I came to know over the past ten years before he passed away recently.
He was a good, decent and honest man. He sure had some stories which would/could make you wonder...
As to the information being flawed, I'm not sure how copying laws from the City that are ON THE BOOKS can be flawed. People simply have to look up the local and state statutes cited and see you may be flawed in your thinking...though I'm not really sure why. (See, sometimes I do print negative comments -- especially when I know they are untrue in nature.)
To the Anonymous question about the County putting the stormwater fee on the property tax bills...gee, that's a good question. It would "seem" to me there would be no way for the Auditor or the Treasurer to separate those tax billings without a whole lot of manpower, machines and trouble.
To me, and this is me only (because I really wanted Storm water under the Planning Commission, not Sewers) -- this would be the same type of bill say for the New Albany-Floyd County Library and/or the New Albany-Floyd County Schools... But, then again, I was told by the State to recommend to the Council to put ours on the tax rolls...and I was called a liar publically. Now that the County did do it properly, the way the State advised, I feel better knowing I had no reason to misinform the City Council and I will get over being called a liar.
Good question which may require a County Commissioner to answer. Let's see....we have Commissioner Steve Bush, Commissioner Chuck Freiberger and Commissioner Mark Seabrook. Not sure when there next meeting is -- they post on the door of their chambers. It is held at a regular time all the time though. Simply been awhile since I've visited with the County Commnissioners.
To CSD619, I "think" I understand what you are saying. Are you speaking in relative terms about other citations, or do you disagree with the "Cleanliness" ordinance posted needing a City Attorney? My argument is simply to the "Cleanliness" Ordinance already on the books; I do feel it is not being enforced and I do wonder why.
Siesta time...plus someone is posting under the last posting about sewers and I think it may be my "frin" Susan, so, this one ought to be interesting!
Peace, NA.
P.S. If Council STILL DOESN'T have their budget back from the State, and the Storm Water Board has not brought a "budget" to the City Council for approval -- I have to say...this is definitely not the way things are legally done. If it was, no Board would need to come to Council for any expenditures, period. As a taxpayer, you would have to question as to how they have a "budget" of 1. some million, and how they got it.
The amount of debris (30 some tons) was impressive. Questions do arise as to if this is being hauled to the landfill; what are you hauling it with; is this why there are monies moving around in the Sanitation budget even though it's been privitized...
Don't worry...I don't want to know. Let the Council figure it out. Sometimes, I guess ignorance truly is bliss.
"To CSD619, I "think" I understand what you are saying. Are you speaking in relative terms about other citations, or do you disagree with the "Cleanliness" ordinance posted needing a City Attorney? My argument is simply to the "Cleanliness" Ordinance already on the books; I do feel it is not being enforced and I do wonder why."
You read my posting right, we can readily enforce many other ordinances in this city with out giving thought to how busy the city attorney is.
We have the laws on the books, many have been there for as much as 30 years, firm language that has been tested. There is NO real excuse of why the building ordinances are not enforced.
It is basically negligence on behalf of the city, as well as the worst offenders. To Ignore a problem is to condone the behavior.
Being in total agreement with you, I think the next posting will make it more clear what has been going on lately.
Personally, I had "heard" Mr. Broadus had reached a settlement with the City about his "firing"; but now I have a copy of his official press release to the C-J.
Thanks and maybe all of us working together and get things going in the right direction, for a change.
It may take 20 years to undo 30 years worth of neglect and whatever else you may wish to call it; but it's feasible with everyone working together.
Thanks for your response.
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