by
Stu Clampitt
Hamilton County Reporter
Last week the new Hamilton County “Junk Ordinance” took effect. Officially designated Ordinance 04-22-19-A, it has been met with many questions and has garnered responses ranging from gratitude to frustration and concern.
The Reporter spoke with Hamilton County Commissioner Mark Heirbrandt, County Attorney Mike Howard and Sheriff Dennis Quakenbush about what the ordinance means and how it will be enforced now that it is active.
The full text of the ordinance can be seen at the end of this story below.
Heirbrandt
According to Heirbrandt, the commissioners are “getting compliments like crazy.” He told The Reporter, “You wouldn’t believe all the people calling who have said, ‘Thank you for doing this.’ The only reason we did it is because of people who are just abusing it and we needed the capability to enforce people who have like 30 cars on their property and say that’s their primary residence and it’s not – they are selling the vehicles out on the open market.”
According to Heirbrandt, the commissioners have only received one email complaint about the ordinance itself, and he said that person was both satisfied by their explanations and wrote back to thank them for being helpful.
“We’ve only gotten one complaint other than one guy who complained [in a letter to the editor] in The Reporter,” Heirbrandt said. “It’s not like we are trying to target people and say, ‘Hey, we are coming after you.’ That was never the intent. It’s really to go after some people who abuse it consistently.”
The letter Heirbrandt mentioned can be found on our website at this link.
“I think people are not reading it [the ordinance] the way it was actually intended,” Heirbrandt said. “And maybe that’s something that we need to look at as commissioners. This was not meant to be controversial at all.”
With only one letter to the editor speaking out against this ordinance and, according to Heirbrandt, only one email complaint to the commissioners, his view is that the ordinance is being very well received by Hamilton County residents.
“So many people have called us—even all the trustees have called to say, ‘Thank you for finally doing this so that we can get some help in our areas,” Heirbrandt said.
The bedroom rule
The ordinance says a property can only contain one more vehicle than the total number of bedrooms in the home.
According to Hamilton County Attorney Mike Howard, the bedroom rule was suggested by Commissioner Christine Altman.
“What we are trying to do is get away from abuses where people are basically storing cars on their lot for resale or selling online, etc.” Howard said. “Let’s say you’ve got three kids. You probably have a four-bedroom house. The parents each get one [vehicle] so that’s two from the master bedroom and one for each room. Now the officers are going to use some discretion in doing that, but that is for cars that are stored outside. If you’ve got a garage you can store more inside.”
Both Heirbrandt and Howard stressed that there is flexibility in the enforcement of this junk ordinance, which will be enforced by the Sheriff’s Department and the Plan Commission.
“It’s kind of like speeding,” Howard told The Reporter. “The speed limit is 55. They don’t arrest everybody who is going 57. We’ve got officers who are trained and go into situation where if there is a logical explanation, they always have the discretion not to enforce the ordinance.”
Howard cited a specific example of the kind of property the ordinance was intended to address.
“We’ve got a couple places where somebody has a little three-bedroom ranch and they have 17 licensed cars in front of the house,” Howard said. “They license them because if they are not licensed, they are deemed abandoned and they can be towed anyway. That is the kind of abuse we’re looking at. Obviously if you have three kids and they have friends come over and spend the night, nobody is going to start towing cars.”
When asked for clarification about the cars on the property being licensed, Howard said, “If it’s an old car you can license it for $35 and you can’t pay to store it somewhere for $35.”
He specified that this ordinance only applies in platted subdivisions and lots under an acre.
The exact text of Section III reads: “Residential Lot” shall mean any parcel of real property located in the unincorporated area of Hamilton County, which is zoned for residential use and is either included in a recorded, platted subdivision, or is less than one (1) acre.”
“We also excluded operable agricultural equipment,” Howard said. “This is not to go out and be mean to people. This is to help the complaints that we were getting from neighbors on a regular basis.”
Enforcement
Because the enforcement of this ordinance will rely in part on the judgement of deputies, The Reporter also reached out to Sheriff Dennis Quakenbush.
We asked Quakenbush how his deputies would handle those situations that, after a reasonable time was given to clean up a property, a citation needed to be issued.
Quakenbush
“Enforcement action will be taken as a last resort after time has been given to correct the issue,” Quakenbush said. “If it becomes necessary for a citation to be issued it will be delivered according to our local trial rules, likely given to the homeowner in person, but it could be delivered by certified mail.”
Quakenbush told The Reporter that his deputies will handle every situation with the utmost professionalism, especially when dealing with potentially frustrated homeowners.
“Our deputies are very professional and receive a great deal of training in enforcement and bringing a positive resolution to any violation,” Quakenbush said. “Our deputies often work with planning, zoning and other government entities to help homeowners understand the rules. Nine times out of 10, no enforcement action needs to be taken.”
According to Quakenbush, the Sheriff’s Department is currently working with one homeowner related to this ordinance.
Complaints about properties potentially violating this ordinance should be made to either the Hamilton County Plan Commission at (317) 776-8490 or to the Hamilton County Sheriff’s Department at (317) 773-1872.
Here is the full language of the ordinance:
Continue reading Cleaning up junk ordinance confusion →