Sandberg and city dispute $110 clean-up bill

Well, that’s what the City of Peoria says. It’s for a work order following a ticket At-large Peoria City Council Member Gary Sandberg received in 2004 for having litter and debris on his home at 1810 N. Bigelow. How long between notification and city clean-up? Ten days, perhaps less. And it was all stuff Sandberg says wasn’t debris or litter, but stuff from ongoing renovations and other items, including election signs.

I share with you the email and photographs I received: Neighborhood activists can compare and contrast the speed at which they responded to the alleged violations at Sandberg’s property (which couldn’t be seen by passerby) with what they experience trying again and again to get the city to fix chronic problems on their block that they have to look at every single day.

An April 24, 2007, letter from City Manager Randy Oliver:

Gary

My understanding is that there is a work order outstanding from 200 [2004? -- Billy] that is unpaid by you in the amount of $110. [City Attorney] Randy Ray indicates another matter is on appeal and therefore payment is not required.

Corporation Counsel advises me that this item needs to be paid before next Tuesday. If you disagree with Corporation Counsel please contact him

Sincerely,

Randy

Sandberg responded:

Randy and Randy,

Sometime after 21 March 2004, I returned home at 1810 N. Bigelow to find an environmental notice stating violations of “litter” and “garbage” and that the “litter, debris” and “garbage” must be removed prior to a specific date. I surveyed my properties. I “marshaled” my property for “litter, debris” and “garbage” (please refer to definitions within the Municipal Code). I then took photographs of my property. The photographs are as follows:

Southwest corner of Property March 2004

Northwest corner of Property March 2004

Northeast corner of Property March 2004

Southeast corner of Property March 2004

A few days later but prior to 31 March 2004, I heard commotion outside my house and the following photograghs were taken. At no time, did anyone knock on either my front or rear doors, nor ring either of my lighted door bells.

City personnel on Southside of my house 100 feet off ROW

edited pic to establish date and facts

City personnel at south side of open rear porch

city personnel at rear of house

City personnel at NE corner of residence

City personnel at rear of house

City personnel at South side of house 50 feet from ROW

City Staff leaving 1810 proceeding north along street

I later called [code enforcement manager] Kurt Craanen about why City staff were trespassing on my property. He replied something to the effect that they were there for environmental inspection. I told him that there were no "litter, debris" or "garbage" present at either 1810 or 1806 N. Bigelow. Kurt then stated that there was an Aluminum stop sign, construction materials and metal table under cover of the side porch, political signs (steel frames and plastic bags) and other construction materials present on the north side of the house where the scaffolding was present. I asked him if he or anyone could see any of the "reported violations" from the ROW and he said that did not matter. I replied that the stated items were not "litter", "garbage", nor "debris" in that I was storing the political signs for future elections, keeping the construction material that were not part of the immediate construction process under the covered side porch, and that everything he cited was of value to reuse or part of an ongoing construction process. I asked if there were any signs of rodent infestation around either property and Mr. Craanen replied in the negative.

Upon returning on 31 March 2004 from Florida having picked up a replacement Lexus for the one damed earlier in March of 2004, my neighbors told me that there had been a crew around my house taking various things. Additionally a unassembled iron park bench (a birthday gift from a dear friend that I received on 21 March 2004) that had been leaning on 1806 between the two houses was elcated to the back porch of 1806, several yard tools were missing and according to neighbors, used by the crew and then taken with them. Several hundred steel and plastic yard signs were stolen. A number of roof eave trim pieces were taken from SE corner of 1806 where the original trim pieces were stored off the ground in a container.

I will be delivering copies of all the photographs that I took between my receiving the "initial notice" and subsequent illegal actions by the City of Peoria and/or agents of the City of Peoria. Some of the photographs will be edited copies of initial photographs.

Clearly, by the actions of the City of Peoria and/or it's agents, the City felt that steel framed political signs stacked against a residence is either "litter", "debris", or "garbage". I believe that action is in direct opposition to my rights as a citizen of the US and political free speech. By stealing or confiscating them and considering them as either "litter", "debris", or "garbage" when they in fact meet no definition by local ordinance, the City acted above and beyond it's authority. Likewise, taking any personal property of value under the City's determination that it is "debris" after being told differently is also an overreach of police powers.

Refer to the photographs as to the condition of the property as viewed from the Public ROW. There were NO EVIDENCE of ENVIRONMENTAL VIOLATIONS present from the Public ROW. Any "litter", "debris", or "garbage" that may have been present was immediately picked up upon notice. Interestingly, if the City took photographs at the later two events, one will see that the "aluminum stop sign" that was sooooooo much of a concern to Mr. Craanen in our phone conversation, that it was moved and not even in the same location as it was on the first and second dates of City involvement. Again, this sign is not "litter", "debris", or "garbage", but rather a cherished memento that I had had for several years since finding it along a highway in Oklahoma where I had a flat tire on the way to a race event.

I believe I owe nothing as no "litter", "debris", or "garbage" (refer to Municipal Code for definitions) was present as is documented by photographs taken.

Please provide photographs of "litter", "debris", or "garbage" that the City feels is the basis of the "unpaid work order" as well as the process to adjudicate differences of opinion.

Sincerely,

Gary V. Sandberg