The other side of the wall
Editor:
I have the other side of the East Center Avenue wall story. I live on the other side of said wall.
First of all, yes, it was surveyed - one year prior to the state of this construction! And to be totally honest, there was actually no need for a formal survey, because in this case and in this part of town there are solid iron rebar survey lines driven so deep into the ground you couldn't ever remove them or miss them for that matter and they are capped with a bright orange topper to let the land owner know with precise measurement exactly where ones property ends and the city's begins.
First of all, yes, it was surveyed - one year prior to the state of this construction! And to be totally honest, there was actually no need for a formal survey, because in this case and in this part of town there are solid iron rebar survey lines driven so deep into the ground you couldn't ever remove them or miss them for that matter and they are capped with a bright orange topper to let the land owner know with precise measurement exactly where ones property ends and the city's begins.
I built a wall in front of my house years ago and used these markers just fine. You are all welcome to drive by my house that is just to the left of 503 E. Center and see what I'm speaking of. I will also be glad to take you outside and dig under said wall to show anyone interested where Mrs. (Gingerlee) Mitchellindo's property line is. Of course I will need to dig with a shovel under said wall and use a flashlight to show where the iron rebar is, but I assure you, it is visible with its orange cap gloriously shining for everyone to see.
As far as the permit goes, I viewed that as well, and so can all of you, that shows she pulled a permit for a chain fence. That's not exactly what she put, now is it?
There also was no inspection after the two years it took her and her husband to personally construct the monstrosity. How do I know this? I was told in no uncertain terms by Scott Noethlich, that this was not done and could not be done after each person pulls a permit. They are not in the business of coming back out to check your work. It most definitely was not inspected to anyones "satisfaction" in 1996. I know this for a fact and so does Mrs. Mitchellindo and so says the city.
I will, however agree with Mrs. Mitchellindo's personal dislike of the city's handling of this whole issue though.
I called code enforcement many times in 1996 and on to complain many times about the construction of this wall with no one to help. No one seemed to cared back then. I, at the time, was a newly divorced mom of a 1-year-old and felt very alone and largely ignored when asking my city for help in this matter. ... Now, because of the removal of the easment, it's an issue for a lot more than one and now the city has found issue and cause for the removal off of their city-owned land.
This has been an issue for me and every pedestrian and motorist for the last 13 years, make no mistake about that. I had just become adept at learning how to back out of my driveway carefully enough not to hit you, the public. Not without near misses though. I cannot tell you how many times in years past that a child has had to bang the back of my vehicle to let me know I have almost run them over. ...
And that is when I had the benefit of the easement to see you (the public) as I slowly backed out.
Now there is no easement and I implore every citizen of our city to be very careful while passing my home. I cannot see you because of this 8-foot wall and the fact that the butt end of my vehicle is in oncoming traffic before I can see a thing. ... Until this wall is moved, take heed passing by my home. But, don't worry, the city will probably pick up the tab as any good lawyer will be able to find where I have repeatedly warned them of this impending problem.
Mrs. Mitchellindo, in her persuasive ways of trying to tell everyone of her woes, has also forgotten to tell you of how she also built this same wall three inches over on my property. I told the city of this as well. Once again, no help. I was told at the time that I would need to obtain a lawyer to help me. So I literally had to watch her build this wall knowing she was building it on my property. I could not afford at that time in my life to hire an attorney, as I was busy just trying to keep my lights on with a baby in the house in the midst of divorce.
Mrs. Mitchellindo has outright lied over the years stating to me that my husband (at the time) told her that she could build her wall on my property. Who would do that? Would you? I did not.
To sum this up, this is purely a case in which a homeowner just wanted more. All the way around. She took things that were not hers and knowingly so. She has no documentation to prove otherwise. I asked for it. It's not available because it doesn't exist.
Mrs. Mitchellindo is in the wrong to ask for the city to buy "her" land as it is clearly not her land. Why would the city buy land they already own?
So while Mrs. Mitchellindo is asking for "donations" for her legal fees for a case she lost and knew she would is ridiculous and is trying to fool the public into feeling sorry for her. I do not. I followed the law in building my retaining wall and so should have you. Shame on you.
Shayne and Loraine Morris