"It Takes Time..." Responses from IDEM and Porter County

260 people in 7 days is awesome, and I think it got the County's attention.  We had not received any response of substance prior to starting this petition...We are also working on a paper petition, so email us if you want us to send one of those your way.   

We've also connected with a few neighbors in person who are mortified by this property and by so many government officials' lack of care.  A few more have been though this with the County about the same property, as well, and haven't gotten meaningful responses, either. 

I haven't received ANYTHING on official on letterhead from IDEM or Porter County, but I have received a few email updates "promising" that there will be action.  While this is exciting and shows they are paying attention, it does not ensure anything will be done.  We've been down this road before, and as soon as we quit holding the County and IDEM accountable, they let it go.

I want more than to be placated with a few small steps- we need this resolved and for real clean up to occur.  Here is what I've been told:  

IDEM-  IDEM performed a Solid  Waste site inspection at the property on Tuesday.  IDEM emailed me and disclosed that saw that there are open dumping violations at the property.  FYI- Multiple vehicles on someone’s property are not a violation of the open dumping rule.  Neither is stockpiled natural wood.  The municipal trash, batteries, 5 gallon plastic buckets of motor oil, broken toys, broken electronics and gas cans are.They will send the owner a copy of the inspection report and Violation Letter.  As if today (4/18/22), the letter has still not been sent. 

Once he receives the report, he’ll have 45 days from the receipt date to remove and properly dispose of the solid waste he has on his property.  At the 45 day mark, IDEM will perform a follow-up inspection to see if any progress has been made.  If there has been no progress at all, IDEM might refer the site to our Enforcement Section (IDEM attorneys) in Indianapolis. If some progress has been made, IDEM won't follow up with enforcement.

There are concerns with this response.  One- this is very discretionary, so if the owner moves/removes just one thing in 45 days AFTER he receives the notice, IDEM will allow him to "keep cleaning up on his own."  This could take another few decades.  Two- IDEM didn't even walk the full property, so there isn't a full report at this time.  Three- the report isn't even finished, and then has to be delivered to him, and then he has 45 days for IDEM to see if he has moved ONE SINGLE THING.   This will not result in any substantive change.   

IDEM promised to let me know when the Solid Waste inspection report package has been sent out to the owner, at which point it’ll become a matter of public record, and people can view the package whenever they choose.  I'll update once I learn that has been done.

PORTER COUNTY  Porter County's attorney has now stepped in and is updating me directly.   The property will be  subject to an unsafe building action pursuant to IC 36-7-9.  The property is in violation of the County's property maintenance ordinance.

At this juncture, the County is just going after all the debris in the yard (including the rickety fence, and all the junk behind the fence and in the back yard) at this time.  Then, they will they will start on the barn, the garage, and the house for additional unsafe building conditions, to address critter/vermin, etc.  

The hearing will be May 10th @ 1:30 pm at the County Administration Building in the Commissioners chambers, in front of Andrew Bennett.  The County will be requesting the property owner to cure before the May 10th hearing. If the property isn't brought into compliance the County will be requesting permission to enter and cure at the owners expense.   Practically, though, this won't likely happen. I was told that Tommy will likely get another 30 to 90 days to comply, then, if he has taken any steps after that first grace period days, he will get another 30 to 90 days to clean up, again.  Each time he shows he is doing something, he will get more extensions.

The County has said this is definitely one of the worst property issues in Porter County. Their explanation is that the owner is a hoarder, and cannot help it, which is why enforcement has been so tough.  

I did let the County know there is another explanation.  We have heard that the owner has/”borrows” a property over in Winfield area, where he takes his junk for awhile, every time a complaint is lodged, then trucks it right back when the “risk of enforcement” is over.  That means he isn’t really cleaning up for awhile, then letting it grow worse organically, but that he is deliberately avoiding dealing with Porter County.  I figured that is something they should keep in mind so that they can know they are being deliberately toyed with by this owner.  

The County has not addressed the potential issue of kids living at the unsafe building (we've seen some playing on the garbage piles), although I did advise them of this in writing once, as well.  We've also been instructed per the county's attorney to call the fire department any time they are burning and to call police if it looks unsafe for kids and animals and we see something happen.  

Practical Update

On Sunday April 10, 2022, the day I started the petition, I emailed it whole bunch of decision-makers, including: 

• County Commissioners Laura Blaney, Jim Biggs,  and Jeff Good.  No response whatsoever from Laura or Jeff.  Jim has not provided accurate information and did not relay that there would be a public hearing, which is concerning.  I cannot understand why an elected official would ignore multiple requests for information and then provide incorrect information when pressed.
• Cheryl Wiseman- Indiana Department of Environmental Management- see above.
• The attorneys who represented the County in the last matter against Tommy (Porter County Plan Commission v. Tommy Hano, 64-D01-1906-MI-5821)
• Joey Larr- Nothing, but this is likely off his list of responsibilities now that the attorneys and the Commissioners are involved.  Word of advice, though- if you have a complaint for Code Enforcement, you MUST submit it through the online system.  I've spoken with multiple neighbors who have verbally complained via a direct phone call, but whose complaints were never recorded.   Seems like Mr. Larr would rather brush it under the rug if he has the option.
• Those running for open Commissioner seats- Julie Giorgi (she responded, we will talk this week); Mike Brickner (he responded, will look into it and thanked me for sending); and Barb Regnitz (lots of signs around the County, but no response from her whatsoever.  Not promising as a candidate, in my book)