Posted on 07/21/2005 10:07:33 AM PDT by Cowman
City wants toilet garden removed
The saying that one man's trash is another man's treasure hit close to home recently when a River Road resident was told by the Grand Rapids Police Department that numerous toilets in use on city property as flower pots have to go or he will face trespassing charges. The resident, Lee Jackson, believes that the police department is trying to force their removal as a personal vendetta.
The police contend, however, that encroachment on city property demand the removal.
Lee Jackson, who planted and maintains the flowers, says that the toilet flower beds are not harming anyone. He firmly believes that Police Commander Jim Martinetto is pursuing the matter because of previous issue with his dog being deemed dangerous last year - a matter in which Jackson prevailed.
Martinetto, however, denied the allegation and told the Herald-Review that the two issues are completely separate and coincidental.
At the heart of the battle are about 40 old toilets and a bathtub which currently house flowers along with a sign advertising Jackson's septic service business. Jackson said that the sign has been there for about 20 years. He also added that the toilet flowers have been in place for six years, although in smaller numbers. He began planting flowers along the edge of River Road six years ago when a friend gave him a discarded bathtub. Four toilets also were added to the flower garden mix.
Five years ago, Jackson said he went to eight toilets and added from there.
Jackson said that there were no complaints about the toilet garden prior to this year. He also added that no one has ever contacted him complaining about the issue other than the Grand Rapids Police Department.
But, Jackson did say he has received numerous calls of support since his story of conflict with the city over the issue first aired on television news broadcasts last weekend.
The primary question, he poses, is why the city is spending time and energy trying to remove the flower beds and the sign.
"Why would anybody waste time over some flowers by the road?" he asked.
Jackson received a blight notice from the city in early June of this year telling him to remove the "nonfunctioning toilets" at the end of his driveway. Martinetto said it is not about the flowers, but simply that permission is needed before anyone can plant flowers or erect any kind of permanent structure on city property. Business signs on city property are prohibited.
Jackson has an easement for his driveway only, said Martinetto, which does not give him the right to do anything other than access his property. The Jackson property line goes back several hundred feet from the road, according to Martinetto.
Martinetto maintains that the police were put on the issue after nearby residents complained to the city that toilets were being left near at the end of Jackson's driveway after a sign was erected requesting that people drop off old toilets.
A police report, gathered by the Herald-Review on June 3, stated that there were 20 toilets which had collected at the end of the driveway, which was the date the blight notice was issued.
"It wasn't a police department decision (to force the flower and sign removal)," said Martinetto. "We got stuck with the enforcement side of the issue."
The blight notice was followed two visits from police then by a letter dated July 13 telling Jackson to remove the sign and toilet flower beds.
"You have 10 calendar days from the date of this letter to remove all planters and signs you have placed on city property adjacent to your driveway.... If the items are not removed you will be charged with trespassing," read the letter signed by Martinetto.
Jackson said that the easement issue came into play after the blight issue came and went, fueling his belief that the actions are personal vendetta.
The police commander, however, stated that the blight issue was not pursued further simply because the easement issue came to light.
Jackson maintains that he will not remove the toilet flowers - even if it means battling the city and the legal system.
Battling the legal system and the city seems a likely next step, according to actions Martinetto says will be taken if Jackson does not remove the sign and toilets from the city property.
The deadline for removal of the items will come this weekend.
Martinetto said that the police department will check to see if that has been done Monday, July 25 and if removal has not taken place, Jackson will be issued a trespassing ticket along with a letter and a court date.
Although Jackson said he is willing to take the sign down if the city is willing to apologize to him - he is unwilling to negotiate on the toilet garden.
"They're going to really, really have to waste some more time and money if they want to get them out," said Jackson.
This one has your name all over it, martin.
These petty officials are like little monkeys throwing crap. This guy should tell the twerps where to, uh, go.
It's just like a bunch of liberals to dump on somebody trying to recycle and do nice things in the environment.
Yeah! I thought there was a right to Privy Privacy!
"NEVER PUT YOUR TWO LIPS IN A TOILET"
Sounds pretty sh*tty of the city to do that...
Jeez, the guy works hard to make his place look nice, and this is the tanks he gets.
I agree...I was bowled over when I read it. This pissing contest between the Chief and Mr. Jackson may have to be appealed to the highest seat in the county. I'd be willing to bet that if the chief does cite Jackson, a simple appeal will get the matter wiped off his record, butt I'd still be hoppering mad about it.
All of this fighting seems like such a waste. This is the second or turd time I've seen a story like this. You could tell this Chief was flushed with pride when he made these citations, and I am sure he is taking a bowel for his work. I'll bet he wouldn't have tried this in one of the more effluent parts of town, though.
The guy has all these toilets at HIS house. I'm surprised the police have anything to go on at all.
Morning after groan.
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