Well, I can help do research on any plants, just give me the names and I'll find you a printout on them.

It just boggles my mind that anyone would consider your beautiful garden a code violation.

I'd like to see that code.

Glad you plan on being armed with good info and do stay calm. It will pay off in the long run.

Count me in on any long distance help you need!!!!

Leasa

What! Who's issuing overgrowth citations to my girl and her gardens. I'll be on the next plane. Just wait until Inspector Freakazoid gets a load of your "ma's" hair in humid weather. A white girl with an afro strapped to your arbor with Kent in a bright pink flamingo covered shirt. Ha! Bet he'd find a new neighborhood to haunt, asap! DH indeed!!!

Ok, the more serious legal side of me agrees with GH. Go see an attorney and get your legal rights spelled out. Undoubtedly others have traversed this same path so there will be cases with precedence. It's so much easier when you know previous rulings.

If you can't afford an attorney, seek help at a law library, the more liberal the better. There's always someone eager to help. And if you're feeling brave, wear a low cut, short dress with strappy heels and flirt if you have to. Yes, I mean it. Just make it the opposite sex - the elderly female librarians won't appreciate your efforts (or at least I hope not). : )

Good luck and make sure you post the addy for that guy's office if you need us to write letters. I'd love to add my 50 cents.

Diana

Another thought - can you get your friend with the newspaper to do an articel QUCIKLY about beautifying the neighborhoods and showcasing your home B4 the re-inspection. Then he would be attacking a garden that had been featured in the local newspaper. you might even take that moment to let it be known you had been cited and how that made you feel..... A very "Human Interest Story"...

ROTF Diana! Betch my afro would be the biggest. My hair does not do will in the south. But I'll be right there with you.

Diana! Bright pink...hmph! It's lime green with pink flamingos, give me some credit for taste. ; )

Nikki - just a note - be careful if you try to take pics of the officer - they don't like, and I'm pretty sure it's not legal.

Homemaker - what a great article - I hope everyone gives it a good read, and there is lots of 'ammo' in there. Not just about the To. case, but lots of similar American precedents - it does a lot of homework for any journalist/lawyer that might get involved.

International coalition indeed. We're going in!!!
8D

I doubt there is a law against taking pictures of the local inspectors--especially for the newspaper. police officers or other law enforcement officials might be another story. ;)!!
Nikki, I ALWAYS forget that I can come over here to the conversations forum and get more cottage garden fixes after I have read every post, and yours was the first one I saw when clicking over here after about 6 months of not checking this forum. Wow, was I enraged for you!! Red tape and bureaucracy can be so frustrating--was is right is not always what IS according to their rules and regulations. I'm so glad I live outside of the city limits! Please keep us updated--and don't back down. I'm almost certain the excessive horticultural overgrowth was originally intended to allow the city to cite and fine those who don't mow and/or care for their property, not to keep people from planting and beautifying their lawn.
Definately get the news involved. I bet there are some powerful officials out there with wives who LOVE to garden. They would probably be outraged at the thought of someone having to tear out their beloved plants.
I just hate it when idiots get on power trips! A pox on them all!
holly

I can't believe this! I've never heard of such. Someone must have complained, to me that's the only reason anyone would ever try to enforce such crap! I tell you I would be going round and round with someone! I don't even know what to say!

Mel

Couple of things here that might be of use.

(I'm over from the butterfly forum, that's why you never see me here LOL)

Calm, assertive, not aggressive. But very, very firm in that you are not only right, but want to know how to make them 'happy' according to the law as written.

Call immediately and ask for a *complete* copy of the relevant code, with all pertinent passages and supplementary documentation clearly marked, annotated, and initialed. "It is so very important to understand precisely what I am supposed to be in violation of, so that any necessary changes may be made."

(In other words, he may be interpreting something flexible one way that you can simply point to and say, "This particular section is, per THIS section over here, not applicable to my situation, as my garden is.." (And insert, 'planned', 'maintained', 'protected by my constitutional right to freedom of expression as a work of art', 'a wildlife sanctuary in urbania'..you get the idea....)...in other words, you aren't conceding a darn thing but you NEED that documentation, so you make it sound like you might be.)

If you can show them a plan diagram of your entire lot, carefully annotated and marked, with each numbered plant blob, er, I mean outline, footnoted with species of plant, wildlife hosted, housed, or fed, and color/time of bloom...it really emphasizes that you KNOW your garden inside and out and have PLANNED it with great care.

If it just kinda-sorta HAPPENED that way, well...don't tell them! :)

The point is that YOU are the landowner. YOU are the one who owns the property, the plants, and has the right to them.

The only time this is a problem is IF and WHEN the condition of your property or house is a hazard to the actual safety or enjoyment of others' private property by their owners.

Make sure that during the 'tour' you have your TV channel people there, filming, oh, quite by accident. Or even have them do a feature story (if they will) on the impact on wildlife by city and county building/maintenance codes.

Make sure too that you have your cell or cordless in hand while he's there. If he refers you to a supervisor or other authority, write down the name, the number, and call on the spot.

All, of course, in the name of saving time and return visits, which is entirely logical and sane.

Your paper person would be an excellent witness to have with you, especially if he isn't directly made aware of their affiliation until the end of the tour/visit. And encourage her to take lots of notes.

Best of luck and hope all goes well!!

PA

Oh, I love municode.com. Very handy. Here's the section I think you're saying they're nailing you on? Key phrase EXCESSIVE HORTICULTURAL OVERGROWTH.

A well-planned and maintained garden is not OVERGROWTH, nor is it EXCESSIVE OVERGROWTH. If you let it run wild, with no maintenance, then you'd be a problem. But from what I see and hear, that's not the case.

Diagram and tour, photos and notes. Shouldn't be a problem. If it is, email me and I'll happily talk to the man directly about this issue. :) Wanna bet he came from somewhere that plants just don't GROW as luxuriantly as they do in your area?

PA

Sec. 11-2. Maintenance of property--Duty of property owners.
(a) It shall be the duty and responsibility of the owner of each and every lot, piece and parcel of land located within the city to keep such premises reasonably free and clear of excessive horticultural overgrowth, refuse, trash, rubbish, garbage and other solid wastes therefrom or thereon as often as may be deemed reasonably necessary by the city manager, provided, that the requirements of this section shall not apply to horticultural overgrowth in natural swamps, overflowed lands or property in active agricultural use as the same may be defined and identified by the city manager.
(b) If any such property described in subsection (a) above abuts a public right-of-way, then the owner of such property shall also maintain that portion of the right-of-way, lying between the curb, or other edge of the pavement or roadbed, and the property line, but excluding the curb, in the manner provided for in subsection (a), provided, said owner shall not be responsible for the maintenance of street signs, sidewalks, utility apparatus or trees not planted in the right-of-way by the owner.
(c) In addition to or in lieu of such actions as may be authorized under section 11-3, the city may, at its option, utilize the powers of its code enforcement board as established in this Code to enforce the requirements of this section.
(Code 1953, § 14-45; Ord. No. 85-13, § I(14-45), 4-8-85; Ord. No. 87-13, § XV, 3-23-87; Ord. No. 02-42, § I, 6-10-02)
Cross references: Enforcement of municipal codes, § 2-72.

Great advice, onafixedincome.
"protected by my constitutional right to freedom of expression as a work of art" is exactly how I feel. I know it's not ugly and it's not an eyesore. It's not like I have cars up on blocks and my lawn is up to my hips, and I've got trash piled up everywhere and I'm trying to say that I'm just expressing myself. It's just a garden. A garden that happens to bring smiles to peoples faces, a garden that's allowed me to get to know my neighbors better because they stop by and ask me about this plant or that plant, and a garden that allows me to share it's bounty with others. How bad could that really be? Grrrr.

And, you're right, that is the exact code they cited me on.

I will do my best to be non-emotional and very informative. :)

I love all the support and advice you all have given me! You're the best!

wow... I have lurked on the cottage garden forum for a couple of years. I remember seeing many lovely photos of your garden (specially at Halloween!). Unbelievable.

I really hope you are able to make them back down. 1st for the sake of your lovely garden, and 2nd because this is such an infringement on your rights/my rights.

adding my wishes of good luck,
fiwa

Nicki,
I just stumbled across this post today on another forum.

an excerpt;

'Government laws can only regulate vegetation based on invasiveness or noxious weeds.'

While this thread pertains to mowing the court rulings should remain the same. I don't know where this person got thier information but it would be worth checking out.

Here is a link that might be useful: govt and plants

I keep checking for an update!
Any news on how things are going?

Haziemoon

It looks like I have the reinspection scheduled for the 22nd... I'll let you all know how it goes!

:)

Thanks for the update. I too have been checking in to see if there has been any change or resolution. Keeping my fingers crossed (everything else too!) LOL
Marylu

Is there any way to forward this post to the city office?I think it would be pretty funny to hear the office chatter,not that your situation is funny I too would be pretty pissed off. Goodl luck.

I have been checking for updates too..

I'm so furious about this I dont even know what to say!

I feel ill whenever I think of this - and it is often throughout the day. Your situation has reached it's evil claws into my peaceful little world. Your problem has become (somehwat) my problem.

I went out and trimmed back the one thing I had flopping onto the sidewalk. I did a 'dandylion patrol' when I really could not spare the time or energy. I planted my butterfly bush out back instead of out front - because some folks consider them a weed in this state. Instead of leaving a birdhouse project (messy) I was working on lying on the BACK deck, I brought it into the garage lest anyone driving down the alley be offended. Over-reacting? Sure, that's me. I want my little piece of dirt to bring joy to any and every eye that happens to see it as they pass to and fro. But I'd also love the moldy, mossy junker next door to be hauled away. I'd like the city to repair some of our sidewalks that are so bad a stroller can't use them and a couple so bad you have to step to the street to walk. I'd also like them to leave notices for hip-high grass to be cut, even though it's raining and no fire danger - tall weeds can harbor rats. I think no dogs should be loose - but the piles in my yard were not made by MY little dogs. I'd love for them to 'speak' to the (MORE THAN ONE!) people who have a compact-size drivway and park a rig or big pickup forcing pedistrians to walk in the street. And on and on. Clear-cut rules and regulations not followed.
GH-

Nicki ~ I hope this experience ends very well for you. I was telling DH about it and he thought you ought to get a lawyer as some others here have also mentioned. We had eminant domain happen to us concerning our street out from many years ago and getting a lawyer made all the difference. We are concerned about new eminant domain laws that now say this can happen if some developer has their eye on your property so that cities, counties, etc. can get more tax revenew. Very frightening. All kinds of developement of condos townhomes, etc. are going up around our area. We will just keep working on our little compound making it the haven we need from this crazy world we live in. Do keep us posted here and you know we all have you in our thoughts.

Gardeners Hands ~ I know what you mean. It's amazing how someone else's gardening horror can make us look at our gardens differently. All it takes these days is one disgruntled individual to make a phone call and have code enforcement paying you a visit. Let's hope Nicki's experience ends well and that it does not happen to any of us. The world needs more gardens and gardeners who love to beautify their neighborhoods.

FlowerLady

"I'd like the city to repair some of our sidewalks that are so bad a stroller can't use them and a couple so bad you have to step to the street to walk." - Gardeners Hands

GH hit on something that irks the daylights out of me. The Double Standard. If most people in most towns and cities were to hold their own local governments accountable to their own code, they would be in serious doo-doo. These laws are applied so arbitrarily by ever-so-slightly empowered people that it's laughable. You might have to make some concessions, but you really do have the upper hand here.

Steven

I read a little blurb in our local (albeit worthless) newspaper you might be interested in.

http://www.ashland-wi.com/dailypress/index.php?sect_rank=1&story_id=209949

http://www.ashlandwi.com/dailypress/index.php?sect_rank=1&story_id=209893

Seems pretty drastic. Surely there were ways to circumvent the fee and keep her garden, and perhaps help to make the necessary changes so that the ordinance is more realistic. An inspector with gardening knowledge would be a good place to start.

Carol

I agree-she went a long way to prove her point. I could never cut all of my flowers and would probably just pay the money. It did sound like they were willing to at least hear her out.

I just don't see how this can be enforced if this is your property. I could see maybe clearing any road visual obstructions but this sounds a bit extreme with the pictures you have previously posted. I would ask for specifics and than tell them they will be hearing from your lawyer. You are not on a busy road are you Nicki? Well its the 22nd and I hope everything has gone well. You are in my thoughts and I woud be tempted to get a big dog.

Thanks guys!
sladybug - I'm not on a busy road at all. My house numbers are clearly visible from many angles. The lemon tree, an angel trumpet, a 40' tall palm tree and a telephone pole block the numbers at certain angles. Oh, and if you're looking at the house from the neighbor's driveway on the right, the numbers are blocked by my flag. But, basically, my house numbers are visible. No more stray rose canes grabbing pedestrians - it's all tidy. Well, as tidy as a cottage garden can be...

Well, today came and went and no code officer came by. I'm kinda mad about that. The nerve of these people. I called to specifically request he stop by because I needed to talk to him. He had the gall to write me up, but not the balls to stop by and hear me out?

I'll call in the morning to see why I've been stood up.

He probably just did a drive by. Maybe it's all over..?
I'll let ya'll know... aaaaahhh the freakin' saga continues.

:)

yes please, log on tomorrow and let us know what you find out when you call to see why you were "stood up".

Hopefully he didn't just do a drive by.

He may have just done the ol' drive by. I wouldn't wait long before paying a visit to his office personally if you don't get answers tomorrow. It's a big hassle, but these people are public servants and you have every right to meet with him face-to-face. The officious weenie.

Let me guess, he has Fridays off!

Leasa

Something sounds fishy here. do you have someone building nearby? I would ask if anyone complained. Why all of a sudden would they give you a difficult time?

Any news yet?

nicki, have you consulted a lawyer yet? Wish you would. Hang tough girl.
GH-

I haven't heard anything back from him... I'm hoping it's just going to go away and I won't have to "worry" about it anymore.

I am disappointed he didn't stop by... I soooooo wanted to educate the poor man. :)

I'll let you guys know if anything else comes of it. But for now, all is quiet on the homefront. All kinds of excessive horticultural growth is happening, the birds are singing, the lizards are playing, the squirrels are snitching my sunflowers. Life is good.

Hey, this happened to me. Quite some years ago now, in Portland, Oregon. A neighbor reported that I let my yard go and it was full of weeds. The city did a drive-by and I got a notice.

Actually, my yard was well-groomed, but I used native plants in front, with paths. To my neighbor, anything that didn't come from a seed packet or nursery was weeds, and a yard was supposed to have a big lawn.

I called the city, and explained what I was doing, and the names of some of the plants I had (most of which were rescued from construction sites). I also mentioned that I taught gardening classes at the local community school.

The guy listened, and said well, there's nothing in the code against native plants. He said they'd have somebody take a look who knew something about native plants, and that probably would be the end of it.

It was.

Hope yours is as simple as that, too. The idea to use this as a teaching opportunity is a great one.

By the way, I am gradually working toward the same thing at the house I live in now. The paths are getting narrower and narrower... only grass left is a little patch in back by the barn.

Good luck,
Dayle Ann

Ok been over a yr...
What happened????

I have been wondering about her myself. I thought of her earlier today.

Last I recall, Nicki started her own business.

Nicki...all work and no play makes Jack a dull boy :-)

Edna

I think about our past cottagers often (Nicki & Dawn).

I loved Nicki's style. Those birdhouses always made me drool.

Tracy

Nicki was one of the first people who replied to my call for help years ago, over here on the conversation side. She gave me the perfect kick in the pants that I needed and posted a wonderful picture for inspiration. I miss her too.

And Dawn. I remember all the gorgeous pictures she'd post every week or so to give us all a mental lift AND something to aspire to. Miss her too.

MeMo

Yup, I remember & miss Nikki, Dawn and Dayleanne as well. And Gramma Jan, too.

These gals are incredibly friendly and talented cottage gardeners, who are dearly missed on this forum! Sure hope all is well, and would love to hear from any one of them.

Hello out there??? Please come by and say 'hi' to your ole cottage buddies. Sit a spell and have a cuppa on the porch...

Becky

Hey, yeah, we never did get the final verdict....enquiring minds need to know!!

Well, hello, everyone! What a nice surprise to see emails from cottage gardeners in my inbox. I hope you're all doing well, and I know you Northerners must be on pins and needles awaiting Spring. I hope it's sprung for you guys. We're in the throws of Spring down here in Florida. The weather has been gorgeous.

Yeah, I've been pretty dull for a while. I'm still gardening, but I haven't been on the forums in ages. I miss you guys!

The City Code Enforcement seems to have seen the light regarding my modest garden. It was nonsense, and the City Manager seemed to agree. So I shouldn't have any more problems. Crossing fingers...

Gene and I went to Ireland in Sept. 06, and I was so inspired by the small front yard gardens and all the lush hanging baskets. Most of the yards had a rock wall, or a tidy hedge in front, then wild abandon behind it. So I decided to redo the front of my garden to have a more "orderly" appearance like the ones I saw in Ireland. I made a short picket fence/edging and put tall red pentas behind it. I keep the pentas trimmed as a hedge. Anyway, I think this makes my garden look more like a garden, and not just random "horiticultural overgrowth". Here's a few pics, and I included a link, too.

Hugs! Happy Spring! Happy Easter! Ooooh. Easter candy... Cadberry Eggs... Excuse me while I run out for chocolate...

Nicki

{{gwi:605965}}

{{gwi:605967}}

{{gwi:605969}}

{{gwi:605970}}

Here is a link that might be useful: More photos

OH thank you, thank you, thank you. This green starved girl feels so much better!! It looks so beautiful (OK, always did). I too liked the gardens in Ireland - did you see the Monkey Puzzle trees? And all of the roses?? They also stuff little campanulas into the walls, so pretty!! Don't be away so long...love the puss.

Oh, Nicki, I'm so glad my mail got to you and brought you back from lurkedoom! Your garden looks *SO* beautiful with the picket fence and I'm thrilled to see little Pisser again! Please don't disappear again, I personally have been MIA a lot over the last year, since I went back to work full time, but I try to participate once in a while and keep an eye on all the cottagers here.

Eduarda

((((Dear, dear Nicki)))) Welcome Back! You have been missed here something awful. When I saw the new look you've created for your front gardens I sighed 'aaaaahhhh'. I love what you have done. It goes wonderful with your lovely cottage gardens. I am thrilled as Eduarda is to see Pisser again too. Please don't go away again as you are a wonderful part of this cottage garden family.

I think of you whenever I see my crepuscule, which was a cutting from you, and the cat whisker's plant which you sent me a baby of. They are two favorites in my tropical cottage gardens. Your pictures have inspired me once again.

FlowerLady

Glad you like it midnightsmum. We didn't see any monkey puzzle trees in Ireland. We went in September, but the gardens were still full of blooms. We did a coach tour that started in Shannon, then went around south then up east and ended in Dublin. So beautiful. The people were so friendly. They made us feel like family. Heck. Some of them probably are family. ;-) I was shocked at how the butterfly bushes grow like weeds! In the cracks of buildings and sidewalks. Crazy.

Eduarda, I do need to check back in with the cottagers more often. I think of you guys all the time. Pisser is World Famous because of you...

FlowerLady, I'm so glad your crepuscule is still doing well. That is such a pretty rose. I'm real happy with the picket edging, too. I wish I'd done it a long time ago, but I had to dig out my Taunsendchion rose bush (the beast) to put in the fencing. It took me a long time to decide to dig that rose out. I kind of miss it, but I like the garden better now without it.

Pisser says "Hi"! He's my best gardening buddy.

Love and hugs,
Nicki

{{gwi:605972}}

What a treat to have Nicki and Pisser back! Hooray!

Nicki, you did a beautiful job with your garden. I loved looking at all the photos.
Hope we'll be seeing more of you around the "Cottage Garden"!

Patti

Yeah right...she missed us so much she went to Ireland without us.
I love the new look. And of course I still covet your house.
BTW did your texas sage cutting survive?
Unless you have been reading a lot of posts, you probably don't know I moved into town in Nov. I just love(!) being back in town.

Hello, Nicki! I still have my Christmas ornaments (and a Smooshie pic on wallpaper rotation). Glad to see you again. And the garden and Pisser are both beautiful. I can mail you a gently used hen to make it all the more lovely, just let me know. ; )

Hi Nicki! I'm happy to see you and Pisser here at the cottage once again.:-) Really did miss ya and wondered how things are going. My b & w kitty 'Pepe' (Pisser's distant cousin) says hello.;-)

Your trip to Ireland sounds dreamy---I'd love to see some pix if you have any to share, and find the time...

Your cottage looks very lovely as usual! I love the addition of the white picket fence and red pentas behind it---a great combo and goes so well with the gray(?) house. Great job!!

Thanks for stopping by and saying hi to your old cottage buddies.

Have a Happy Spring!

Becky