Posted by Paul on September 12, 1999 at 14:45:02:
I would like to ask for the assistance of everybody who has had to fight city hall. I have been the subject of arbitrary and capricious actions by the local zoning board. I have too many old cars. I will be the first to admit this. I was trying to sell some of them to clear out my driveway when on June 21 of this year (1999) I was awakened by a knock on the door at about 10:30 a.m.. There was an individual there who asked me if my address was a certain number. When I said no, I was treated to profanity. I was then asked what the address was. This is a request I get all the time by delivery people so I told him. As I was working third shift at the time, this was in the middle of my night.
Two days later, I received a letter from the Area Planning Commision stating that I was in violation of ordinance number 15.153.03.050 of the Code of Ordinances of the City of Evansville. When I called about this, I talked to a person by the name of Donna Holderfield. I explained that I was not in the city but out in the county. She said it made no difference as she had jurisdiction over the entire county.
When I visited the county commissioners office, they were unaware of this. I then visited the county auditors office who keeps track of the county ordinances. I could find nothing in any of the ordinances that says a private individual can not sell their own vehicle in their own yard.
On advice of legal counsel, I called again and asked what county ordinance I was in violation of. When it was sent to me, my attorney looked it up. It deals with businesses in an R-1 residential area. It states things like there may not be a separate entrance to the domicile from the business. It says nothing about selling vehicles, or prohibiting it, anywhere that I can find. As I am not running a business, it doesn't apply to me.
However, while waiting for everything to get settled, I pulled the for sale signs and didn't do anything. On August 31 of this year, I heard a wrecker outside my house. A car was being towed from my neighbors house. I thought nothing of it until my dog started raising a ruckus outside. When I looked, there was a Sheriffs Department cruiser parked in my driveway. When I went out to ask if I could help him, he told me he was going to have to ticket my cars. One of which had only been there a day.
He stated that in 1998, Indiana changed a law and that any vehicle more then three (3) model years old, and not driven after 21 day, which is visible from a public right of way, can be considered abandoned. Here again, my lawyer is unable to find the law refered to. All venues have not been exhausted yet however.
I must say however, that the deputy, and the people I talked to in both the county auditors office and the county commissioners office, did conduct themselves in a professional manner. The same cannot be said about the Area Plan Commission. I was ignored when I said I was not running a business. (I work 56 to 84 hours per week plus have two hours a day commute time and do this 7 days a week.) I also had to listen to a foul mouthed inspector, this inspector also could not read my address off my mail box and couldn't see a license plate properly displayed on one of my vehicles.
What I would like for everyone to do is to write letters. Please do not use profanity. The inspector has debased himself already, why lower ourselves to his level? You may write to the following addresses regarding this manner.
The Hon. Frank F. McDonald
C/O The Mayors office
Civic Center Complex
1 N.W. Martin Luther King Blvd.
Evansville, In., 47708
The Vanderburgh County Commissioner office
Civic Center Complex
1 N.W. Martin Luther King Blvd.
Evansville, In., 47708
I do not hold out much hope on this part as I feel there is a round recepticle for letters they don't like. However, two other places to write to are
Evansville Convention & Vistors Bureua
410 S.E. Riverside Dr.
Evansville In., 47713
and
Evansville Chamber of Commerce
100 N.W. 2nd Street
Evansville In., 47708
You may wish to tell them that Evansville sounds like a nice place but due to its intolerance of personal rights, you don't plan to visit. Since these are politically powerful entities around here, their voices will be heard. It may be neccessary to organize a boycot of Indiana though if the state law does exist.
Anyone with any questions may feel free to E-mail me regarding this matter. Be sure to put something about zoning in the message header to avoid it being deleted as SPAM.
Thank you, Paul A. Markham, Evansville Indiana