Department of Code Enforcement

[88GT]

On March 28, 2011, a City of Indianapolis Department of Code Enforcement inspector conducted an inspection at XXXX Some Street and observed that a hackberry tree in the City's right-of way had been removed without a permit issued by the City. To protect the City's urban forest from needless removal or harmful pruning practices, the alternation of a tree and/or shrub in the public right-of-way requires a permit from the City prior to any work happening.

Chapter 701, Section 701-4 of the Revised Code of the Consolidated City of Indianapolis and Marion County provides, in pertinent part, as follows:

(c) No person shall perform any arboricultural work on any shade or ornamental flora on or in any protion of a public stree, alley, right-of-way, place or park in the country, unless the bureau shall have first granted a special permit indicating the approved activity on each designate flora. All work on city owned trees, including trimming, pruning, protecting, bracing, relocating, cultivating, spraying, or removing, will be allowed only when permitted by the bureau.​

Within fifteen days from receipt of the Notice of Violation, please contact Ms. Gestapo-in-Training, Envrionmental Inspecter--Forestry Specialist, via e-mail at <email address redacted> or telephone at XXX-XXX-XXXX to discuss the appropriate remedies. Remedies may include the need for the responsible party to submit a permit application and/or correction/removal/replacemtn of the tree/shrub by the City's contractor. In the even that the condition is not satisfactorily mitigated, the City will initiate an enforcement action with a penalty of up to $100.00 per day and will obtain a judgment for the abatement costs incurred by the City.

Just one problem. I didn't have the tree cut down. The City did. In fact, they came back TWICE. The first was just a trim of the branches hanging over the roadway (apparently someone had called the city because a branch fell on his car as he was passing by). The second was--according to the guy I talked to--because the city decided the trim wasn't enough and they took the whole damn thing down.

Both times I asked if it was possible for them to leave the larger branches, and in the case of the removal, the trunk, for me because we have a wood-burning fireplace. They did.

The crew had to be contractors because the trucks didn't have the City of Indianapolis emblem on it.

I will obviously be calling on Monday, but if someone over there screwed up and there's no record of the work, it's simply a he said/she said issue. And we know who's gonna lose that one.

Marion County really doesn't want me to stay here and pay taxes, do they?

 

[Suprtek]

My first question would be how in the hell they have any proof whatsoever that this was done by you. Somebody ordered the contractors to get this done. More importantly, somebody authorized them to get paid for it. I guarantee the records exist somewhere. Its just a shame you have to be the one to track them down.

Seems if we want to protect ourselves these days, we have to think of everything ahead of time, like taking photos and getting the names of anyone doing work near our property.

I hope things work out for the best.

 

[E5RANGER375]

beware of city employees with the power to screw you.

Id say 80% of the time I have had to deal with anyone in the marion county city/county offices, they have been rude, didnt speak clear english, or just wanted to pass me to another department which wasnt the right one.

good luck. sometimes I think govt workers are mindless robots with orders to **** us over if they can find a way.

I thought govt was here to help?, lol

 

[Hotdoger]

the alternation of a tree and/or shrub in the public right-of-way requires a permit from the City prior to any work happening.

City doesn't need a permit only the SERFS!

 

[rockhopper46038]

I will obviously be calling on Monday, but if someone over there screwed up and there's no record of the work, it's simply a he said/she said issue. And we know who's gonna lose that one.

"Whatchu talkin' 'bout, Willis?"

 

[sepe]

beware of city employees with the power to screw you.

Id say 80% of the time I have had to deal with anyone in the marion county city/county offices, they have been rude, didnt speak clear english, or just wanted to pass me to another department which wasnt the right one.

good luck. sometimes I think govt workers are mindless robots with orders to **** us over if they can find a way.

I thought govt was here to help?, lol

The government isn't meant to help. They're meant to create revenue by any possible means and you are very correct about government workers being mindless. Not sure if they're robots because they'd be at least somewhat efficient.

 

[mrjarrell]

Just one problem. I didn't have the tree cut down. The City did. In fact, they came back TWICE. The first was just a trim of the branches hanging over the roadway (apparently someone had called the city because a branch fell on his car as he was passing by). The second was--according to the guy I talked to--because the city decided the trim wasn't enough and they took the whole damn thing down.

Both times I asked if it was possible for them to leave the larger branches, and in the case of the removal, the trunk, for me because we have a wood-burning fireplace. They did.

The crew had to be contractors because the trucks didn't have the City of Indianapolis emblem on it.

I will obviously be calling on Monday, but if someone over there screwed up and there's no record of the work, it's simply a he said/she said issue. And we know who's gonna lose that one.

Marion County really doesn't want me to stay here and pay taxes, do they?

You're always welcome in Hamilton County, (just stay out of Carmel and you'll be fine).

 

[jedi]

Keep us posted on what happens.
I'm with the government and I'm here to help.
(Did not say who I was helping did I.)

 

[Mr.JAG]

I feel your pain 88GT. It seems the Department of Code Enforcement has recently decided to kick into action this past week.

They have been a serious pain in the rear as far as my day-to-day operations go at work. The funny thing is, we have been operating for over 7 years in the same fashion, but it wasn't until this past week that they EVER showed up... and since then it has been MULTIPLE times a day.

The particular things they are complaining about don't make a lick of sense either. I'd go into detail, but we are working on a plan to solve the harassment and it would be my luck one of them is a member of this forum.

 

[hornadylnl]

Department of Code Enforcement. Sounds like something straight out of Atlas Shrugged.

 

[rambone]

Just one problem. I didn't have the tree cut down. The City did.

Ugh. I see a lot more than one problem with this picture.

 

[96firephoenix]

In the even that the condition is not satisfactorily mitigated, the City will initiate an enforcement action with a penalty of up to $100.00 per day

what are they gonna do? make you unsplit the firewood and unchop the tree down? and charge you $100/day until you do so?

 

[INyooper]

By any chance, did you get a duplicate notice sent to you by the DRD (Department of Redundancy Department)?

You could track down all the whoopla involved, then bill the city for your time and services (including meals! ) at the current gov. rate!

 

[PistolBob]

Obviously you need to contact the DNR and order a bundle of 25 white pine saplings for like $10 and then one night, go over and plant them all 4 feet apart in the city's "right of way"...I think you should get a medal of commendation from the Tree Huggers of the United States for your random act of kindness.

 

[jedi]

Obviously you need to contact the DNR and order a bundle of 25 white pine saplings for like $10 and then one night, go over and plant them all 4 feet apart in the city's "right of way"...I think you should get a medal of commendation from the Tree Huggers of the United States for your random act of kindness.

You will then get a ticket from the Dept. of City Beautification because you failed to get a permit to have permission to plant on the right of way.

You will also get a ticket from the Dept. of City Health because the trees you have planted are not native the to area which in turn is killing the native plants in the area.

You will then get a bill from the Dept. of Parks for having to remove the trees you illegally planted!

 

[88GT]

I tried calling the number on the notice. Surprise, surprise, it's an automated one that asked for the party's mailbox extension. WTF! I wasn't given a mailbox extension (not to mention I don't really want to have to go straight to voicemail; whatever happened to speaking to a live person?). Oh, I can type the name of the person to connect to her mailbox? That'll work. If it recognized the name.

So I tried the email route. Within an hour or two I received this reply:

Thank you for your response. I have been able to verify that the tree was removed by the City and your ‘record’ will be cleared. Please ignore the violation letter, I apologize for any inconvenience it may have caused. Thank you also for noting the phone number as being a problem, it has been reported and will be addressed.

Ignore, my ass. I'm printing out the email string and saving it along with the violation notice. I've learned my lesson. I will also be having someone sign an affidavit of all work being done on my property in the future.

Here's what gets me. The "enforcer" had to take note of my address and cross-reference that address against permits to see if we had secured the proper one. I have to wonder why he didn't take the time to check it against jobs the City had initiated while he was at it. It obviously didn't take the responding city official very long to check it.

Actually, I know why, but it doesn't make it any more palatable.

So essentially much ado about nothing. Now to address the swimming pool in the patio and the client who's getting my services for free and still feels it's okay to complain that I'm not stroking her ego.

 

[Suprtek]

Sound fairly positive at least. You're smart to document everything possible.

 

[jedi]

88GT you are so UNPATRIOTIC! Don't you know that you are suppose to pay whatever .gov ask & you are NOT to question their actions. It's patriotic to pay your taxes!

Hum..I think you need some re-edubamation =p

 

[rambone]

Here's what gets me. The "enforcer" had to take note of my address and cross-reference that address against permits to see if we had secured the proper one. I have to wonder why he didn't take the time to check it against jobs the City had initiated while he was at it. It obviously didn't take the responding city official very long to check it.

Why doesn't the Department of Shrubbery have to get a permit? What's good for the goose is good for the gander.

It also stands to reason that the city should have to get a permit from YOU (i.e. permission) in order to start sawing your trees/limbs down. Maybe obtain your signature of approval/notice so there is a paper-trail when the bureaucrats try to fine you like they did.

 

[jedi]

Why doesn't the Department of Shrubbery have to get a permit? What's good for the goose is good for the gander.

It also stands to reason that the city should have to get a permit from YOU (i.e. permission) in order to start sawing your trees/limbs down. Maybe obtain your signature of approval/notice so there is a paper-trail when the bureaucrats try to fine you like they did.

Oh rambone u should know the answer to that 1!

All animals are created equal, but some animals are more equal.