At war with the freaking county......again.

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  • Bendrx

    Expert
    Rating - 0%
    0   0   0
    Sep 3, 2009
    975
    18
    East Indy.
    I'm in need of legal help. I've got an old car in my back yard. Other than it's sat for a long time it is in working order. It's far from a looker. I've gotten at least 10 people trying to buy it off me, including the most recent whom then prank called me and proclaimed he had sex with my wife - I told him I hope he enjoyed. Anyways, now it's a few months later and I've got a letter stating that I have to tag it or move it. I've read through the code, and all I need to do is charge the battery, check the gas and get it tagged. But I don't want to pay the city to punish me. Here is the loop hole I see. By loop hole I mean the means to malicious compliance. If they want to nit pick then I get to as well.

    I propose to make the car "not outdoors". This is tricky as I have no garage. Can somebody point me to a legal definition (that applied to Marion County) of the word "outside". Basiclly if I can put a mini barn around it I think I would be good. I need to verify that minibarns don't require a permit though as I bet that fine is worse than the 60 buck it would take the tag the car. I know that is cheaper than the mini barn, but I could use one for storage anyways - and the point here is I do NOT want to give the piece of <explitive> city/county anything. I will gladly throw money away to keep from paying them a penny. I've gone to war with the MCHD before on this same issue, but then the tag was current so it was a sweeping and decisive victory for me. I need to repeat that but I don't want to tag the car every year to avoid these hassle. I'm not going to be freaking strong armed into selling my property!!!


    Also, any other maliciously compliant ideas would be greatly welcomed. This isn't about the easy way out so any answers of just get it tagged will be pointless.

    I've got 10 days to work with on this. I've already called the Gestapo agent whos issued the order to confirm all I have to do is keep the tag current to keep from being harassed any further on this issue, so waiting for him to call or email me back to confirm exactly what I need to do. I've found reading the code to these people helps as they seem to rarely know it.
     

    Cru

    Grandmaster
    Rating - 0%
    0   0   0
    Aug 4, 2010
    6,158
    36
    Noblesville, IN
    I'd imagine if you build a "garage" for it, your property tax would go up... and you probably DO need a permit. IANAL and I don't know if this is at all legally accurate.
     

    Archbishop

    Master
    Rating - 100%
    5   0   0
    Mar 11, 2009
    2,510
    38
    INDY
    What about building a small shed made out of a pvc frame covered in tarp? Would that count as inside? I can't imagine that you'd need a permit to build such a structure.
    Good luck hope it works out for you.
     

    remymartin

    Expert
    Rating - 100%
    1   0   0
    Jul 28, 2009
    1,265
    36
    Fort Wayne
    I've had the same thing happen..... By move, in my area, they just mean move it under its own power. Had 2 cars tagged in my drive one day. Charged batteries, switched their positions, scraped those horible stickers off, done. Not sure what your situation is, but I would call and have them define the word "move", as I understood it the vehicle just had to be mobile under its own power. I have not had a problem since. That was a few years ago.
     

    gdh

    Plinker
    Rating - 100%
    23   0   0
    Feb 20, 2009
    115
    16
    Crown Point
    It might cost more than you think to plate the car now. I had a friend who had a car in storage for a few years and when he decided to drive the car again, they charge him the taxes on the car for the years that it was stored.
    This was a few years ago so it might be different now.
    My guess would be that one of the people who tried to buy it complained about an unlicensed car in the hope that you put it up for sale.
     

    indyjoe

    Master
    Rating - 100%
    8   0   0
    May 20, 2008
    4,584
    36
    Indy - South
    I have a two wheel trailer that cost me $200. They want $50 a year to register the darn thing. Wheel tax and all that for the 20 miles I drive it a year. Crazy.
     

    rockhopper46038

    Grandmaster
    Rating - 100%
    89   0   0
    May 4, 2010
    6,742
    48
    Fishers
    If you want to get Machiavellian, you might take the opposite tack. There are many requirements a "vehicle" must meet before it can be legally registered or "tagged"...perhaps by modifying your vehicle slightly (remove driver's seat belt, for example) you can argue that registering the vehicle is technically illegal.
     

    indyjoe

    Master
    Rating - 100%
    8   0   0
    May 20, 2008
    4,584
    36
    Indy - South
    If you want to get Machiavellian, you might take the opposite tack. There are many requirements a "vehicle" must meet before it can be legally registered or "tagged"...perhaps by modifying your vehicle slightly (remove driver's seat belt, for example) you can argue that registering the vehicle is technically illegal.

    :D
     

    Bendrx

    Expert
    Rating - 0%
    0   0   0
    Sep 3, 2009
    975
    18
    East Indy.
    I've had the same thing happen..... By move, in my area, they just mean move it under its own power. Had 2 cars tagged in my drive one day. Charged batteries, switched their positions, scraped those horible stickers off, done. Not sure what your situation is, but I would call and have them define the word "move", as I understood it the vehicle just had to be mobile under its own power. I have not had a problem since. That was a few years ago.


    I've read up on several codes, the car is mechanically just fine (It's old and abused, but it starts, turns stops, lights and everything work. Just going to need a batter jump and some more good gas. I do start it up periodically, but the codes defines "inoperable" as:

    Inoperable vehicle means:
    (1) A motor vehicle, racing vehicle, recreational vehicle, trailer, camper, boat, airplane,
    bus, truck, or similar vehicle from which there has been removed engine, transmission
    or differential parts or that is otherwise partially dismantled or mechanically inoperable;
    or
    (2) Any motor vehicle, racing vehicle, recreational vehicle, trailer, camper, boat, airplane,
    bus, truck, or similar vehicle, which cannot be driven, towed or hauled on a city street
    without being subject to the issuance of a traffic citation by reason of its operating
    condition or the lack of a valid license plate.
    Here is what I can do. Build a shed that is less than 120 square feet with NO permenent foundation. So I've decided on what I want. Going to use 4X4s to frame and then hinged plywood walls. Hinged so that they lift up and act as an awning around the structure when lifted, then some tarps attached so they provide cover when the walls are up. Was talking with a buddy about how to make my point in a legal manner and I was thinking about just making it look abnoxious - but I don't want to "punish" everyone with an eye sore either. So he suggested paint it up with "Give me Liberty, or give me death" on it. I'm thinking that with the snake from "Join or Die".

    I might chicken out on the paint job, don't know. I really, really, really don't like to stand out much- especially not in my area. (I could to a strip of text around the top edge of the walls with "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness.") Basically, I'd want it to be meaningfull if looked at, but not draw much attention to itself. But I am going to post all the related codes that specify the requirements for the structure, and the ones related that specify the codes are for vehicles stored outdoors on the side of the barn.
     

    Bendrx

    Expert
    Rating - 0%
    0   0   0
    Sep 3, 2009
    975
    18
    East Indy.
    If you want to get Machiavellian, you might take the opposite tack. There are many requirements a "vehicle" must meet before it can be legally registered or "tagged"...perhaps by modifying your vehicle slightly (remove driver's seat belt, for example) you can argue that registering the vehicle is technically illegal.

    EDIT: Basically I'm being fined, or at risk of, because they can't charge me a fee for possesing the vehicle. /EDIT

    That was actually my first thought. Was thinking turn it into bench seating of some sort, but with the parts it already has it in, I really want to get it set up for a weekend club racer at some point. I think any minor mods would just been deemed as it being even more "inoperable" (Right now it has only one fixed seat, the drivers) as driving it even tagged would results in a citation if caught. ATM it isn't anywhere near a priority, and I don't expect it to be for a while - but with it sheltered I can actually do some of the basic stuff I need to get done in my spare time.

    With it out of sight I shouldn't be harrased by people wanting to buy it. I still can't believe I've gotten so many people interested. I hate to say it, but it really does look beat. Beat, but sitting on Eibachs and Konis.
     

    Jack Ryan

    Shooter
    Rating - 0%
    0   0   0
    Nov 2, 2008
    5,864
    36
    I'm in need of legal help. I've got an old car in my back yard. Other than it's sat for a long time it is in working order. It's far from a looker. I've gotten at least 10 people trying to buy it off me, including the most recent whom then prank called me and proclaimed he had sex with my wife - I told him I hope he enjoyed. Anyways, now it's a few months later and I've got a letter stating that I have to tag it or move it. I've read through the code, and all I need to do is charge the battery, check the gas and get it tagged. But I don't want to pay the city to punish me. Here is the loop hole I see. By loop hole I mean the means to malicious compliance. If they want to nit pick then I get to as well.

    I propose to make the car "not outdoors". This is tricky as I have no garage. Can somebody point me to a legal definition (that applied to Marion County) of the word "outside". Basiclly if I can put a mini barn around it I think I would be good. I need to verify that minibarns don't require a permit though as I bet that fine is worse than the 60 buck it would take the tag the car. I know that is cheaper than the mini barn, but I could use one for storage anyways - and the point here is I do NOT want to give the piece of <explitive> city/county anything. I will gladly throw money away to keep from paying them a penny. I've gone to war with the MCHD before on this same issue, but then the tag was current so it was a sweeping and decisive victory for me. I need to repeat that but I don't want to tag the car every year to avoid these hassle. I'm not going to be freaking strong armed into selling my property!!!


    Also, any other maliciously compliant ideas would be greatly welcomed. This isn't about the easy way out so any answers of just get it tagged will be pointless.

    I've got 10 days to work with on this. I've already called the Gestapo agent whos issued the order to confirm all I have to do is keep the tag current to keep from being harassed any further on this issue, so waiting for him to call or email me back to confirm exactly what I need to do. I've found reading the code to these people helps as they seem to rarely know it.

    Apply for a salvage license.
     

    Waveraider

    Sharpshooter
    Rating - 100%
    2   0   0
    Jan 12, 2009
    638
    28
    Indianapolis
    Does it presently have a car cover on it? I've been told that if it has a car cover hiding the vehicle, you are safe. A friend of mine has covered "junk" cars in the past on the East side of Indy without any grief from the city. Car covers can really clean up an eyesore.
     

    EnochRoot43

    Sharpshooter
    Rating - 100%
    24   0   0
    Feb 14, 2010
    378
    18
    Anderson
    As another person mentioned, if it hasn't been plated in many years you might have a nasty surprise when you get around to plating it again. I am not suggesting that anyone should attempt to work around the county and states due revenue, but could this issue be alleviated by selling the vehicle to a trusted friend or relative for $1 this year, and then buying it back for $1 next year?
     

    Rookie

    Grandmaster
    Rating - 100%
    14   0   0
    Sep 22, 2008
    18,194
    113
    Kokomo
    I could be wrong, but I don't think so. Years ago I tried to plate a boat trailer and boat that was given to me. They wanted me to pay five years back taxes. I said no thanks and scrapped it...
     

    Mr. Habib

    Master
    Rating - 0%
    0   0   0
    Mar 4, 2009
    3,804
    149
    Somewhere else
    A while back I read a story about a guy in CA with a similar problem. Seems that he had an old, beater car that he drove to work. His neighbors didn't like it, and complained to the HOA. All the usual arguments about lowering their property values and such. The HOA threatened legal action if he didn't get rid of it. He rented a backhoe and dug a hole in his front yard. Pushed the car in it so that the rear half was sticking straight up in the air. Seems that there weren't restrictions on "lawn sculptures". Every time his neighbors looked out their windows, his yard was giving them the finger.
     

    Eddie

    Master
    Rating - 100%
    1   0   0
    Nov 28, 2009
    3,730
    38
    North of Terre Haute
    My :twocents::

    Call the county attorney and run your various ideas by them and see which ones they agree would be in accordance with the ordinance. Ask them for an e-mail address and send them something to the effect of: per our conversation if I do X with my car then it won't violate the ordinance. Save their reply.

    The inspector/code enforcement guy can cite you, but the attorney is the one who makes the real decision. Get them on your side and cut out the middle man. You won't have to worry about fighting out your case in court because you will have already cleared your actions with the county.
     
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