Fishers Property Owners are about to get a very big surprise when they unwrap the pretty package being presented to them as a program to protect their property values. When they open it, they will find that they have lost many of their property rights. It is being fast tracked to try to pass before the end of the year so that the new council won't have a chance to look at it.
The City of Fishers, Indiana is joining a long list of local governments who are trying to address the concern of empty bank-owned houses and properties that are not being kept up and tidy. The challenge is that so far, most of these plans attack the rights of those who are taking care of their property, while not impacting the bank-owned or truly derelict properties at all. Noblesville recently passed one nearly identical to it, but like many things political it happened completely under the radar. If anyone knew about it, they only knew it was to "protect property values."
"An Ordinance Of The Town Of Fishers, Hamilton County, Indiana Concerning Property Maintenance" will be given its first reading at the Town Council Thursday November 17th, a few days from this writing. However, if not killed by then, you will want to engage.
This ordinance will make the Town Of Fishers a massive and Omnipotent HOA superseding all other HOA's. It gives authoritative power to the Building Commissioner who then becomes sole arbiter on what is or what isn't a violation and the penalties involved. The Policeman, Judge, Jury, and Executioner all in one sets the table for future abuse of power and possible graft.
What would it look like for a home owner as writing?
Imagine this: Your dog has a bad day and digs up the neighbors roses. Your neighbor is ticked and uses this new law to get back at you, so they call in a violation against you. You then get a call from the Fishers Building Commissioner to say they have a report that your home has violations, maybe even gross violations of the law.
Building Commissioner: "Hello Ms Homeowner, we have a report that your house might be in violation and we need to set a time to come see it."
You: "Who reported this? What are they saying is wrong with my house? There isn't anything wrong, there is no need to meet."
BC: "Ms Homeowner, we need to meet to review possible violations."
You: "No!"
BC: "I will simply get a Search Warrant."
Building Commissioner arrives with Search Warrant while you are at work and now you get a letter from the Town Of Fishers.
"Dear Ms Homeowner;
We have used a Search Warrant and have inspected your home and found it to be in violation of these provisions of the Property Maintenance Ordinance of the Town of Fishers. These issues come with a fine of $100.00 and we demand that these repairs be made in no less than 60 days and are reinspected by Building Commissioner to sign off that they are complete and in compliance.
- There were two live ants found in your kitchen, as well as evidence of a mouse at some time behind your refrigerator.
(This violates Section 9 paragraph E: Foundation Walls; All foundation walls shall be maintained and free from open cracks, breaks, tears and holes and shall be kept in such condition as to prevent the entry of rodents and other pests.)
- Your windows in your 2nd and 3rd bedroom and your back door do not seal properly and there is air infiltration.
(This violates Section 9, paragraph M; Windows to be tight. Every window sash shall be in good condition and fit reasonably tight within its window frame.)
- Your windows, we feel, were not easy enough to open from the inside, and a there was one that had fogged glass in one pane. The hall bath room window mechanism also did not hold up the window when opened without being propped.
(This violates Section 9, Paragraph N; Windows to be tight. Every window other than a fixed window, shall be capable of being easily opened and shall be held in position by window hardware. Also Paragraph P, Q, R and S.)
- There is faded or peeling paint on your West side exterior wall of your Mini barn.
(This violates Section 9, Paragraph E)
- The hose bib in the garage didn't work. (This violates Section 27, paragraph F)
- There was a drywall crack, a nail pop, and a corner bead break in your living room. (This violates Section 27, Paragraph M.)
- Your hall bath tub faucet had a slow drip. (This violates Section 28, Paragraph E.)
We have found these to constitute a Gross Violation and as a First Offense the fine is $100.00.
Unpaid Gross Violations shall be referred to the Fishers's Town Court. Every day that a gross violation continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
Second Offense with one year: $100.00
Third Offense and each additional offense with one year: $250.00"
If this fabricated letter and exchange would concern you in real life, then make your voice heard.
Contact you MIBOR Political Director, Chris Pryor and let him know your concerns at 317-956-5240 or ChrisPryor@mibor.com.
Also call the Fishers Town Council and Mayor. http://www.fishers.in.us/index.aspx?NID=292
The Proposed Ordinance:Fishers Property Maintenance Ordinance
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