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This is NOT about money, but about the existence of the 71P/Dave Darland team. Our neighborhood lynch mob is at it again, headed by our neighbor, who called the Mayor’s Action Line in Indianapolis to report our trailer was at our residence. Now mind you, we just pulled it into the driveway at 12:30 p.m. on Wednesday, July 17, to load up to go to Terre Haute, and the Department of Code Enforcement showed up at 1:05. In talking to the Code Enforcement guy, he acted like I could do something different, like get RV plates and that might solve my problem. However, we got a letter the very next day stating the following violations:
1) An automotive racing team company is not permitted use in a D-3 dwelling district. 2) Automotive repair is not a permitted use in a D-3 dwelling district. 3) The outdoor storage of junk, trash or debris is not permitted in a D-3 dwelling district (plastic containers) – meaning my garbage can. 4) The outdoor storage of inoperable motor vehicles or motor vehicle parts is not permitted in a D-3 dwelling district (tires). At the time, we were just getting tires dismounted and mounted, and apparently, we can’t do that! 5) The parking or storage of commercial vehicles or equipment is not permitted in a D-3 dwelling district (tri-axle trailer). It goes on to state that if we don’t correct these so-called “violations” we could be issued a citation for each violation, and/or, assessment of administrative fee in the amount of $215 for each scheduled visit to the property, and/or, lawsuit with fines up to $2,500 for each violation plus court costs. We are having a real estate attorney look at all of this, but in the meantime, would like your help out in the racing community so we can continue racing with Dave Darland as our driver. It’s our rights and yours at risk here – where you can’t even do anything at your own home where you pay taxes! Please contact the Mayor’s Office – Greg Ballard – at 317-327-3601, or online at http://www.indy-gov/egov/mayor/getin...ages/contactus, or 2501 City County Building, 200 East Washington Street, Indianapolis, IN 46204; or Mayor’s Action Line at 317-327-4622; or Department of Code Enforcement at 317-327-8700, or 1200 Madison Avenue, Indianapolis, IN 46225, or Michael Gann, Property Inspector, 317-797-4902, to tell our government how ridiculous this is. Our Case # is VIO13-002797. If we can flood them with paperwork, maybe it will make them take notice that we as citizens have rights! Also, if anyone happens to have a shop on the westside of Indianapolis we can use through the end of this year, it would be greatly appreciated! Thanks for reading this, and God bless! Carla and Steve Phillips Posted via Mobile Device Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
We had a problem with our RV in California , Had it parked in the driveway for 9 years with no problems till the neighbor across sold his house , then we were in violation of some code . We moved but the neighbor didn't here the last of us .
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Re: 71P/Dave Darland Team at Risk!
IM sure they're involved in some kinda violations themselves. Make sure they get the same kind of letter.
What ever happened to if you had a problem with something the neighbor is doing, You just go talk it over, Over a beer or BBQ Getting the officials involved in everything is the SISSY WAY. |
Re: 71P/Dave Darland Team at Risk!
Wish I lived next door to a sprint car. It would be the best neighbor I've ever had. Would never say anything I didn't want to hear.
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Re: 71P/Dave Darland Team at Risk!
have DD STORE THE EQUIPMENT AND STUFF AT HIS HOUSE MAYBE JUST TRYING TO HELP
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Re: 71P/Dave Darland Team at Risk!
My God, back in the 60's we used to push start the dragster down the street and fire it up, and warm it and leak check it b4 loading it for IRP.
It's not like they are doing that! Bummer! :7: |
Is #2 stating you can't even change the oil in your own car in the driveway that is attached to the house you own?
Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
Correct - the official's interpretation is that we can't do any car maintenance in your own garage or in your driveway!
Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
check your pm
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Re: 71P/Dave Darland Team at Risk!
What country do we live in? Russia?
Who came up with these laws? Maybe the gov't you're dealing with needs a class action lawsuit against their "stupid" laws. I would move as fast as I could from there! just sayin...That's why I like living in the country with very few neighbors to be in my business. Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
Sounds like your neighbor may be one who pizzes and moans about the crooked bleachers at Gas City.....good luck.
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Re: 71P/Dave Darland Team at Risk!
Yea, I agree. Move!! Neighbors like that won't stop until you're gone...
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Re: 71P/Dave Darland Team at Risk!
I would also politely point out to the mayor's office the economic impact of racing on Indy. I believe there have been campaigns by the city's economic development people to attract more racing oriented businesses. This seems a contradiction, and should be a way to compromise.
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Re: 71P/Dave Darland Team at Risk!
Well considering the Race car isn't a titled automobile. Any ordinance about maintaining recreational equipment? That or just fire it up at 4am a couple times......
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Re: 71P/Dave Darland Team at Risk!
When you sing the National Anthem, one line says "land of the free". well lately the wording should be. "land that once was free" and the home of the brave!!! It still fits with the music. Try building a play house in your back yard and see how fast the inspectors come out to see your" blue prints and permit".
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Re: 71P/Dave Darland Team at Risk!
Originally Posted by mortboyz: |
Moving may not be plausible for Steve & Carla, have you seen the housing market lately? Can you imagine trying to fund a team out of their own pockets AND taking a hit on the house just to appease some snooty neighbor? Keep up the fight Steve !!!!
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Re: 71P/Dave Darland Team at Risk!
No bitc#in from me, action only. Call Rollie Helmling , he runs the states Motorsports Division, of the Economic Development Commission.This is the one person to talk to.His numbers are:317-232 8800 or 317- 232- 8894.
I hope this helps. Why deal with local politicians, make it a state issue. |
I would call Rollie also. He will at least point you in the right direction.
Originally Posted by racephoto1: |
We fire the car twice a year on the street out front, Josh goes door to door and lets the neighbors know when we are doing it and if it is going to cause problems what day works for them. The car does not see the street again unless we have a problem then Josh starts all over again with the neighbors, no problem what so ever. We park the trailer in the side yard on a gravel pad again no problem what so ever as a matter of fact they had offered to go to bat for us in the event the city says something.
Jerry |
Re: 71P/Dave Darland Team at Risk!
Is this happening at a home that is within an area covered by a homeowners association?
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Re: 71P/Dave Darland Team at Risk!
Yes it is spicoli
Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
I was harassed by the city in a similar situation so I got a copy of the ordinances. Found where the city was in violation of their own rules. Also found where any city official found to be abusing his authority could be fined $1500 & or thrown in jail. Ordinance fellow sent me a notice in the mail, violation supposed to try & contact the home owner ( I saw him drive by). Then another for frequently parking in my front yard - son was home from college for 1 week spring break. Meanwhile down the road 4 doors down they had ruts in their yard & still parking there at the time, never contacted them. The last straw was my son was building an off road truck & there was scrap metal on the trailer. Here he comes starts telling me this & that blah blah. That's when I sent a letter to City Manager about him quoting how he should be jailed & fined in their own rules. Haven't been bothered since & he's gone. All the time there was a junk car w/ no plates & 2 flat tires right around the corner. But he was just driving by:14:
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Re: 71P/Dave Darland Team at Risk!
believe it or not I am going through the same thing with my vintage sprint car and 20 foot enclosed trailer, and it is a nightmare,my trouble started the day after i bought my enclosed trailer, the statute actually says that if it is used for recreational purposes it is not considered commercial and there is an exemtion for race car trailers, I am trying to find it on the city's website and will post a link as soon as I do
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Before I begin, I would like to state that I am a true sprint car fan, and have been for the better part of my 53 years. I also know there are two sides to every argument. Sometimes three.
Now I am going to address the elephant in the room: You are breaking the law. You are posting the law here in front of us and you are trying to find justification for doing what you are doing. Neighborhoods have laws and ordinances governing actions, noise, and blight. To resolve your issues with your neighbor you are going to have to do one of three things: 1) Talk it over with him and convince him that it is okay what you do, and it will not affect him, his family, or his property values. Give him a few DD t-shirts. Free tickets to Kokomo. Sponsor his kid's soccer team. If you can get his buy in, all will be well until the next neighbor wants the local laws enforced. 2) Take it up with your elected officials and get the laws & ordinances changed. This will be quite an effort and could be quite costly - both monetarily and time wise.. 3) Abide by the laws. I have had some EXTREMELY bad neighbors that I have had to call the local authorities on to enforce the law in my time. Every neighbor has his tipping point, and once that point is reached, something is going to have to happen. Trust me, when mine has been reached, I show no mercy. I can bend quite far, but I will not break. I am not saying I am opposed to this thread, but speaking from experience, and playing the Devil's Advocate here, if you do not abide by the local ordinances, and if your neighbors (a.k.a. the lynch mob) keeps pushing the issue, you will not win. 99% of the people out there know not what a sprint car is or care. If they did, our forum would be very big. The law does not care about your team, either. They have to enforce what it written in stone. Good luck with your battle. And no, I do not live on your street. |
Re: 71P/Dave Darland Team at Risk!
Oops, looks like I spent too much time in composition. I agree with the previous post.
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Re: 71P/Dave Darland Team at Risk!
None of what you guys 'n gals is recommending will work. Nothing.
If they are a member of a HomeOwners Association (HOA), they are screwed beyond belief. The regular rules that a city has don't apply. It's all up to whoever is on the board of the HOA, and the rules that were agreed to and signed prior to moving in. Prior to what I do now, I used to deal with homeowners who had a HOA, and they are brutal. I know people that have had to take a loss and sell their home because they couldn't air up their car tires in the driveway. Trust me on this. I personally know lawyers who live in a HOA area, and they will not argue with them. A HOA can make your life a living hell, and there isn't anything you can do about it. You signed up for it when you moved in and agreed to the HOA rules. If you have never dealt with a HOA, you really have no idea what you are in for. Best advice: Move. |
Re: 71P/Dave Darland Team at Risk!
Recreational vehicle: A vehicle, which may be motorized, non-motorized, self-propelled or towed, designed and intended specifically for non-commercial use, such as temporary living, travel, and leisure activities, including the trailer that may transport the vehicle. Examples include but not limited to boats, jet skis, race cars, all-terrain bikes, motor homes, travel trailers, and camping trailers.
http://library.municode.com/index.as...teName=Indiana I can't find the exact thing I was looking for but it is on the indygov website |
Re: 71P/Dave Darland Team at Risk!
Sent you a PM
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Re: 71P/Dave Darland Team at Risk!
Originally Posted by Indy1808: |
Originally Posted by team3521: Posted via Mobile Device |
If you have an HOA you're pretty much screwed....
My buddy lived in a neighborhood with an HOA. He had a dog and wanted to build a nice split rail fence. After the lumber arrived he received a call telling him not to built it or they would take him to court to have it removed. He contacted his lawyer who advised him to return the fencing lumber, which he did. Crazy thing is his neighbor had a split rail fence because he had a pool.....fence for pool = OK, fence for dog not OK. It's all about what's in the HOA.. From my experience you have three options, work things out with the guy next door (which will be much harder now after posting this thread), move or find another place to work on your car. By the way, this is coming from someone who has a sprint car and works on it in his garage in clear violation of my HOA....luckily I have great neighbors who don't care and even help me out when I need it. Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
Originally Posted by Stevensville Mike: :35: I have spent all morning on this going from one department to another ( AND "NO" the Mayor does "NOT" take calls ) WHAT A GREAT JOB. The progress I made was well worth while. I have now filed a formal complaint so lets see if they really care about citizens. " WATCH THIS SPACE " Lyndon Kendall. :35: |
Re: 71P/Dave Darland Team at Risk!
Been on both sides of this issue. When I had my race car(street stock), I was doing some motor work when the cops came by to tell me I was done working on the car for the day.
I have since moved to a new city and live in a HOA community. (most communities in this area have HOA's) I am amazed on what a good job they do of keeping the neighborhood looking nice and keeping the property values up. If I were to get back into racing it would be very difficult to do in my neighborhood. As someone else has stated, there probably is no going back. If the neighbor has reached its breaking point, there is nothing you can do to resolve the issue. Sort of the same thing with the people who complain about the track noise. Once they start thier complaints, the only answer in their mind is to close the track. |
Re: 71P/Dave Darland Team at Risk!
Originally Posted by Jonr: When we have been in the market for real estate, the FIRST thing I've told the buyer's agent is this: "I don't care if a property has every feature we want, if it is in a HOA community, do not waste our time by showing it to us." |
Originally Posted by KENDALLRACING: Years ago I had my pop-up camper and a small trailer in my driveway.....just happened to have them there at the same time over a weekend. I received a warning from Hamilton county telling me the next time I'd get a citation. Don't get me wrong, I don't think it's any big deal to have a trailer parked in your driveway when you are loading or unloading (we do it all the time). But, what if you had a neighbor who was running a construction business from his home and his driveway and your street were loaded with dump trucks and trailers? Or a neighbor who had garage sales every weekend. That's what the laws are for. Hate to be a Debbie-downer, but if there's an HOA in place the law is on the side of the crabby neighbor. Posted via Mobile Device |
Re: 71P/Dave Darland Team at Risk!
Mayor's action line, code enforcement?? Is this a city ordinance issue or HOA? If HOA, is it something you signed before moving in there? You may have an argument, if it's a city ordinance. Man, I'm with ya, but, I'm wonderin.
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Originally Posted by SCOTT M: |
Re: 71P/Dave Darland Team at Risk!
Hope this all gets worked out. Complete BS that you can't use your own home as you see fit.
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Re: 71P/Dave Darland Team at Risk!
I believe the real issue here maybe that they see it as a business . If you prove its a hobby and not a business in the neighborhood they may back off. But you probably have a neighbor that thinks you live in the stone age because you play racecars .
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