Again denied: Bloomington BPW rejects resident’s appeal of citation, OKs cleanup order

On Tuesday night, Bloomington’s board of public works denied the appeal by Joe Davis for a citation by the city—for what the city staff considers to be violations of the health and sanitation parts of city code (Title 6) at his South Washington Street property.

In a separate action, the three-member board granted the request from the city’s housing and neighborhood development (HAND) department for a continuous abatement of Davis’s property. That means that the city can come onto the property and put it into a condition that the city believes is compliant with local code.

After Tuesday’s meeting, Davis told The B Square that he intends to challenge the board’s decisions in the Monroe County circuit court.

Davis has experience with that kind of legal challenge. He represented himself in connection with a previous abatement order, which the city started to enforce in the second week of August.  For that order, Davis did not prevail in his court action, but did run out the clock on the city’s abatement order, which expired on Aug. 11.

This week’s action by the board of public works follows last week’s decision by the city’s board of zoning appeals (BZA), to deny Davis’s appeal of a different citation—for backyard parking and storage (Title 20).

Davis told The B Square he will also challenge the BZA’s decision in circuit court.

On Davis’s property various materials and artifacts are visible, which the city concludes are a violation of local code. B Square photographs of the property are included below.
Continue reading “Again denied: Bloomington BPW rejects resident’s appeal of citation, OKs cleanup order”

Bloomington BZA denies resident’s appeal of citation for backyard parking, storage violations

Parked in Joe Davis’s backyard at 530 S. Washington Street are three vehicles and a trailer that have various materials stacked on them. Stacked outside in other places in the backyard, and on Davis’s front porch, are more materials.

The city of Bloomington contends that the conditions at 530 South Washington violate two parts of city zoning code—one about parking on unimproved surfaces and another about outside storage.

The city sent Davis warnings in August of 2021 and October of 2022, which had compliance deadlines that the city considers unmet. So in mid-August of this year, the city’s planning and transportation department issued a notice of violation with fines totaling $7,650.

Davis appealed the notice of violation.  But on Thursday night, Bloomington’s board of zoning appeals (BZA) upheld the notice.

Within the city’s process, that ends the options for Davis to appeal. But in the Monroe County circuit court, he could appeal the notice and the amount of the fine.

Related to the same conditions on his property, Davis is scheduled to appear next Tuesday in front of the board of public works, to appeal a notice of violation for a different part of city code, which deals with health and sanitation. The city’s housing and neighborhood development (HAND) department is also asking the board to approve a continuous abatement order. Continue reading “Bloomington BZA denies resident’s appeal of citation for backyard parking, storage violations”

Two kinds of code, zoning vs. garbage: Bloomington man’s appeal of zoning citation set for this week

At least as far back as 2021, South Washington Street property owner and resident Joe Davis has been cited by the city of Bloomington for violations of city code.

There are two basic kinds of violation for which the city has cited Davis. One kind are  citations under Title 6, for “garbage” that the city contends Davis has placed on his property. The other kind are citations under Title 20, for violations of the zoning code, which involves outdoor storage and backyard parking.

It’s the citations for Title 20 zoning code violations that Davis will be appealing on Thursday at 5:30 p.m. in front of Bloomington’s board of zoning appeals (BZA).

Davis’s appeal of the Title 6 citations was postponed last week by Bloomington’s board of public works. The Title 6 appeal will be back on the board of public works agenda for Oct. 24.

Continue reading “Two kinds of code, zoning vs. garbage: Bloomington man’s appeal of zoning citation set for this week”

Bloomington board: No action on ‘garbage’, or gateway, or Griffin Realty services for police HQ sale

After two and a half hours on Tuesday night, Bloomington’s board of public works adjourned its meeting without acting on three controversial agenda items.

The items involved: the Miller-Showers gateway project; a professional services agreement with Griffin Realty in connection with the sale of the 3rd Street police station; and the city’s enforcement of city code against “garbage,” which it says Joe Davis is keeping on his South Washington Street property. Continue reading “Bloomington board: No action on ‘garbage’, or gateway, or Griffin Realty services for police HQ sale”

Skirmish over “garbage” between homeowner, city of Bloomington set for next week

For more than a year, and probably much longer, the city of Bloomington has been trying to convince Joe Davis to take a more conventional approach to his South Washington Street house and yard.

But Davis describes himself as an “unconventional guy.” Parked in the backyard with building materials stacked on them are a truck, and a van with a trailer. The county’s online property lookup system has aerial imagery showing the two vehicles sitting in the backyard at least as far back as 2014.

Davis has old bathtubs arranged around the place as catchment basins, and a compost pile.

Davis describes the place as an active building site, where he’s been working to renovate the house. He bought the place in 2009 for $65,000. He has described how the house was damaged by fire before he bought it and had sat abandoned for two years.

During that period all the pipes burst because there was no heat, the wiring was stolen and homeless people were living, Davis has said.

Where Davis sees an “organic building site,” the city sees a raft of code violations.

So next Tuesday’s meeting of Bloomington’s board of public works marks the start of another chapter in the saga of attempts to enforce city code against Davis’s property. [Updated Tues., Sept. 26, 2023: Davis was notified by public works staff shortly after 8 a.m. on the day of the scheduled hearings about his property that the proceedings would be put off—until the next meeting of the board of public works, which falls on Oct. 9, 2023. The reason given was a staff illness. This is the second time the hearings have been delayed by the city.] Continue reading “Skirmish over “garbage” between homeowner, city of Bloomington set for next week”

Abatement order for Washington Street property granted by Bloomington board of public works

The city of Bloomington plans either to hire a contractor or send its own staff to the property at 530 Washington St. to bring it into compliance with a local law.

The law says you can’t “throw, place, or scatter any garbage, recyclable materials or yard waste over or upon any premises, street, alley, either public or private…”

At its regular Tuesday meeting, Bloomington’s three-member board of public works granted a request from the city’s housing and neighborhood development (HAND) department, for abatement of Joe Davis’s residential property.

Davis had previously appeared before the board to appeal a total of $200 in fines imposed for the city’s notices of violations, saying that the materials that are stacked around his property are not garbage, but rather building materials and tools. They’re needed for the kind of active construction site he is overseeing, he has said.

That’s the position that Davis has outlined in a tort claim that he has sent to the city. The claim is against the city of Bloomington, the HAND department, the department of public works, and the board of public works.

Under an abatement order, the city will be able to send Davis a bill for the work that’s done on the property to bring it into compliance. Continue reading “Abatement order for Washington Street property granted by Bloomington board of public works”

Building material or debris? Bloomington wants order to enter owner’s property, remove “garbage”

Joe Davis is a self-described “unconventional guy.”

But the city of Bloomington wants him to take a more conventional approach to the appearance of his  residential property at 530 Washington St.

The city contends that it’s not just a matter of appearance. The housing and neighborhood development (HAND) department sees Davis’s property as violating the local law that says you can’t “throw, place, or scatter any garbage, recyclable materials or yard waste over or upon any premises, street, alley, either public or private…”,

That’s the basis of a series of warnings and fines that the city’s HAND department levied against the property last year. Davis appealed the fines to the board of public works, but they were upheld.

Based on the notices of violation that are included in the information packet for this Tuesday’s meeting of the board of public works, the fines total $200.

It is at Tuesday’s meeting that HAND will ask the board of public works for an abatement order, which would, if granted, allow the city to go onto Davis’s property to take the steps the city thinks are needed, in order to bring it under compliance with city code. The city would then send Davis a bill for the work.

Davis has responded by sending the city notice of a tort claim—against the city of Bloomington, the HAND department, the department of public works, and the board of public works. Continue reading “Building material or debris? Bloomington wants order to enter owner’s property, remove “garbage””