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One year battle over junk citation

By Greg Angel
Monday, September 14, 2009 at 6:23 p.m.

Read more: Local

AVERY TOWNSHIP -- Is it or isn't it "junk"?

That's the question at the center of a dispute on-going now for more than a year in Montmorency County.

"They say one person's junk is another person's treasure, but in my case I do a lot of good with some of the things I have," said Michael Garten, a property owner in Avery Township who is outraged over the actions of his township.

On Garten's property there is quite a collection of things, a bit of this and a bit of that. But, Garten says all of it including the eight cars, six snowmobiles and compilation of other materials are fine just the way they are and are useful for other projects and hand-me-downs. Many of the materials such as the windows for example, Garten says he donates to the local charities.

"Everything I have runs and drives," Garten says.

But, Avery Township sees it another way. After receiving an initial warning from the township about the condition of his property Garten says he received a citation even after cleaning up his property.

"I feel as though they've pretty much said hey we're going to tell you what to do and you're going to do it our way or we're going to make your life a living blank, which is what they've done because my life has been a living blank because of this," Garten said.

Garten has been in and out of court on numerous occasions and has been fined $250 along with being ordered to clean up his property. This after Garten says he's already hauled off more than 20,000 pounds worth of materials, but the township Garten says insists is not enough.

Adding to Garten's frustration, he says he's being unfairly treated by the township and in the court.

"On Friday during the show cause hearing the township official and the attorney for the township stated that I was uncooperative unwilling to talk to them but I have documentation (to show otherwise) that I tried to submit to the judge but he refused to look at it," Garten said.

Furthermore, Garten says the township has refused to turn over anything in writing including documents and reports as he's requested on several occasions.

Garten says he lives in a rural area where his property is not easily visible from the road because of obstructing landscaping. Adding to his confusion Garten says he was told by the township that they only initiate investigations when there is a complaint filed, however Garten says he was told there was never a complaint filed against him.

While it may be hard to see most of the stuff from the road even, Garten says his property is far from a junk yard. He says his biggest fear is the fact that the township could be doing the same thing to others.

Attempts to reach the township through their attorney was unsuccessful.

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19 Comments on this Story
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junk yard

Posted by E C, EJ - Tuesday, September 22, 2009 at 3:31 p.m.

What I see in your picture is an orderly pile of "stuff" If you all want to see real JUNK that is put out for the worl to see, Drive by the High school & middle school in East Jordan. There is literally a junk yard between the 2 schools. This is not fenced off in any way that would hide it's contents. It has a simple wire fence & in some places just a cable. Remember now that this property is inside the city limits. I always thought that all junk yards were supposed to me inclosed by privacy fencing.

Really...This is the first site many people from other towns see when they come to a sporting event. I think that if we are going to point fingers at piles of junk...We should have our sites set a little higher than this guy

Its your!!

Posted by cindy lagasse, anchorage, alaska - Sunday, September 20, 2009 at 1:06 p.m.

I think that some people just need to get a life!! Its your property.. And if you make money on the things on your property, that is your right.. I am glad to see someone standing up for there RIGHTS!! That picture show me that things are not just laying around.. I am glad you are into recyleing is for a better tomorrow! thanks

Mr. Garten

Posted by Mr. Sitzema, Charlevoix - Friday, September 18, 2009 at 9:21 a.m.

I want to thank you for taking the time to read the comments posted here and for taking a stand to defend your property rights.
I wanted to ask you if you've considered having an auction. The picture provided doesn't show much but I can see that the items in the picture look to be in fair condition and you might have a chance of getting some decent cash. Even if alot of your items aren't in good condition, if there is one thing I've learned at auctions, it is that people will buy anything. I have seen people buy used Tupper Ware/plastic ware. USED?! Weird! Anyways just a thought.

your neighbors property is none of your business

Posted by david oliver, east jordan - Wednesday, September 16, 2009 at 1:29 p.m.

this is nothing less than communism by ordinance
zoning boards are running out of control all over this state. if are supreme court intends to continue to stand in a state of breech of duty and not enforce the constitution then it is time for the people to get out there guns and do so for them

Junk

Posted by Hank J., N. Michigan - Wednesday, September 16, 2009 at 3:52 a.m.

I must say after reading all the comments and remarks about this man's treasures, I feel that he bought the property and is paying his taxes. Why can't he have what he wants on his property???? Because people want to judge others on what they have. I have seen places that are extremely filthy. But by the sounds of what this man (micheal) has, it sounds like it is things he enjoys. Why should we judge and tell him what to do as long as he is not causing anyone any real harm. If you don't like don't look. I am sure he could find things to complain about at anyones property. But does he NO he just wants to live and let live.
I know some very wealthy people that collect what some call junk.

Freedoms under attack!

Posted by Dale Burgess, Sparta, TN - Wednesday, September 16, 2009 at 2:18 a.m.

I'm sorry to see your having your freedoms striped from ya brother, that is one the problems with the good old U.S.A. our freedoms to live on our own property how we choose are being striped away by those that feel deemed to push there agenda's of lets control our neighbors ways cause they are not like us.
(SAD) the roadents and pest have been around for thousands of years and will always be, when one gose bashing on there fellow citizen nine times out of ten if inviermental services went to there homes they would find more poisons and and pestasides that are deem more unhealthy and unsafe for the invierment and others health, than what would be on Mike Garten's property of collectibles, shame on all of you's that feel deemed to pick on a person that don't live in a home with a white picket fence. I've knowen this man for more than 30 years and he has never ever tried to push his ways on anyone, he has always put him self out there for his fellow man in need, by lending a hand or giving others what he owns if they they are in need, even if it meant a meal, Mike is a true american, instead of killing him with pushing your ways on him, why don't ya's take some of your wealth and offer him to buy some racks to put his windows in or bins for other things that might need it, or some lumber to build a building, Love him as a humanbeing not dispise him for his ways, I moved out of Michigan because of the hate that was builing up all around me, and moved south where there is still some american hospitality and love for neighbors, and from what I can see alot of folks from there done the same cause they to want a neighbor that watches out for you rather than bash you with hate. Just remember there will be a day where even your rights will be tooken away, just like Mike's, D.C.B. Freedom

Health issues

Posted by brenda burnett, fountain - Tuesday, September 15, 2009 at 6:25 p.m.

Mike I am sorry to hear about your health issues. We have a person in our area that also says he has health issues and is using that not to clean up. He has trailers and vans, cars you name it packed full of stuff,He could figure out how to get them there, but when it comes to getting rid of it he's now, too ill, the problem is that someone else will end up having to clean up after him someday. I had to haul away 1500 lbs of junk (PLUS) when I bought this place. from someone elses collection of treasures. But when things go bad, guess what, they are left for someone else to clean. The township dosen't have to have a complaint from someone to issue a summons as long as they have a junk ordinance. For the beauty and health and welfare of your community you should just do the right thing. And all of those other places that you spoke about, they should do it also and without the battle. its so beautiful in Michigan and especially up in your area,People should be admiring all of the beauty that you guys have to offer.Instead from what you say people are probably driving by and saying, gee,I wouldn't even come back here, much less ever buy something here

my story

Posted by mike garten, atlanta - Tuesday, September 15, 2009 at 12:32 p.m.

First off I would like to thank every one who has helped me. Again thank you! I have a lot of health issues that have made working of this a pain. The township has had a no care attitude and have done about all they can to make my life worse. it has been repeatly stated they dont care and my health issues are not their concern. Now for some of the facts. If you looked at the court transcipt from my hearing last year I asked the township officer if any one had compained he said no. this is part of the court record. you can check it your self. second the township officer stated he does not do a notice or ticket until there is a complaint filed. Third, the last time I was in court on friday the township and their Lawyer commented perjury, in other words lied, in court. This is not all, the judge let them do it and refused to let me give the court any proofs to show that I have in writing (5 letters in as many weeks) that were given, mailed and posted to both the township and their lawyer. Further more a week before this court date I was in their lawyers office and handed him a letter from me that he refused to sign for but did read and put into my file. I would welcome anyone to drive around the township I live in. Feel free to drive by my house and drive down the road here and you will see a lot worse. Thanks again for everybodys help. Mike

RWC

Posted by RWC VINTAGE SNOWMOIBLE GUY, FRUITPORT MI - Tuesday, September 15, 2009 at 11:34 a.m.

WHAT KIND OF SNOWMOBILES AND HOW OLD?? IF HE HAS MORE THAN TWO ITS A COLLECTION.

Selective

Posted by Jim Dartt, Atlanta, MI - Tuesday, September 15, 2009 at 8:12 a.m.

This is a selective situation. This Township is loaded with violations. There are others on his road and in the area that make his property look clean. Yes, his property needs additional attention. The Township and Court Documents, in my opinion, are very sloppy. Forms have been misplaced, created, and incorrect legal forms used. In a recent court the defendant was not allowed to present written and other documented communication that he had with the Township. The Township was allowed to state that he did not communicate. As a citizen of this country I believe we have rights that many have died for to uphold.

Junk Ordinances

Posted by jim steverson, Traverse City - Tuesday, September 15, 2009 at 7:29 a.m.

Communities enforce their standards for safety, living standards, and even aesthetics through such ordinances. Our property rights are limited through such action, but for the greater good of the community, we have laws that limit our actions.

In this instance, it's clear there is a violation of existing junk ordinances. Now if a law was passed to target this particular resident, that would obviously be an issue, just as it would be if the enforcement in the community was arbitrary.

I go back to what my father taught me. Whether you have money or not, you can better your neighborhood and show respect for both the value of your neighbor's homes and your neighbors themselves by tending to your property and keeping it reasonably tidy.

My guess is this property is zoned as a residential lot. That you can't take one and put up a McDonald's, or operate a shooting range, or even set up your own personal junkyard seems not only clear, but also pretty obvious to someone who cares about people beyond themselves.

ordinance

Posted by brenda burnett, fountain - Monday, September 14, 2009 at 11:52 p.m.

When a county has an ordinance it means we all have to follow the rules. If this guy gets away with it, it means that someone can move right next door to you and get away with it also and there's little you can do except live next to it. I think the guy should just clean up and make all of his neighbors happy. Remember he said he has already hauled off 20,000 pounds. Imagine that. It is the good old USA and we all have the right of enjoying our property rights and that means not to harm the other person in any way, including making him look the other way

junk

Posted by ryan wieschowski, alpena - Monday, September 14, 2009 at 11:19 p.m.

this man seems to have a lot of junk. i haven't read much on the situation but i have heard a bit on the news. it seems like his junk is not in harms way of the general public. i don't see a legal issue here. if these items are on his property, whats the deal? i see a fence to keep the junk somewhat hidden however that's not the issue. i would assume that a person has the right to have whatever "junk" he /she wants to have as long as its not an environmental hazard. i think this whole situation is out of proportion.

What is the REAL issue?

Posted by P Ronk, Williamsburg - Monday, September 14, 2009 at 11:15 p.m.

It seems that "one man's treasure is another man's junk" has proven to be at issue for two recent northern Michigan home owners. After hearing about the Williamsburg man's problems with "stuff" in his yard, we drove by his home. I think the issue should not be a judgement of whether such clutter is junk or not, rather whether such a collection upholds the owner's (and neighbor's) property value and appearance. Those who wish to collect other folks castoffs should consider putting it inside a shed, garage, or other storage building. Then the property would look much nicer for everyone. This would certainly be the case for our Williamsburg neighbor!

I wonder...

Posted by Sarah M, Lake Leelanau - Monday, September 14, 2009 at 9:41 p.m.

Does this guy own or is he in the process of buying his property? Does he pay his property taxes, or does the township and his neighbors pay for him?Is there anything in his yard that would be deemed a health hazard to the area? If they guy builds a shed to put his "stuff" in, I'm pretty sure HE will have to apply for and obtain a permit from the township to do so. If the neighbors who have a problem with it would rather not see it, they could always refrain from peering through trees and what not to look at it (it seems his yard is within a wooded area), sort of the same way that I turn the channel or turn off the television or the radio when I find something not to my liking or that I disapprove of. Maybe they could purchase fencing to put around their own property so they don't have to see what offends them so. However, I'm sure they'd need a permit for that fence, too. I'm not saying I agree with how this guy chooses to keep his property, but this IS the USA, a free country. Good grief...it just seems like people are busying themselves with such petty things like this when there are so many other worthy causes we could direct our energy towards that would truly make a difference in people's lives.

Junk Controversy

Posted by Jo Cooper, Sault Ste. Marie - Monday, September 14, 2009 at 9:13 p.m.

A few years ago the police in the Soo went into my sister's garage (which was barely visible from the street). My sister was not home. The proof that they went in was that her neighbor watched them and you could see their footprints in the snow. When the police were called they denied going there! After that incident someone from the city claimed the garage was unsafe and she had to take it down. So, this sort of thing goes on in other cities too!? If you try to fight it you just get on their list and are harassed until they get tired of it and move on to someone else.

Militia????

Posted by c d, northern lower mi - Monday, September 14, 2009 at 8:35 p.m.

What ever happened to the Michigan Militia? They seem to have cooled their jets since Murrah and 911. They apparently must rise again!! As I'm sure they could find many new members after reading this news.

Enough is enough!!!

Posted by Jim Snider, Whitewater Township Grand Traverse County - Monday, September 14, 2009 at 7:54 p.m.

If there are no legitimate complaints on record, and this property owner is not doing anything that would affect the safety of others in the community, just leave him alone. If the local government had any kind of legitimate evidence against this man why would they not make it public, you are either guilty or not guilty, no secret about it. This is a civil matter, does not appear criminal or violent in any way. Do not waste law enforcements time, take it to the proper venue and resolve it!

niki

Posted by brenda burnett, fountain - Monday, September 14, 2009 at 7:19 p.m.

We have the same thing going on in our township. We are wanting to get the junk ordinance here to help clean up this area. We all know the difference between stuff that we will keep and stuff that is left outside that will never be used again, because of the weather taking its toll on everything thats left out.If I were that guy, I would simply collect enough lumber and build my self a building to put all of his collection in. One of my neighbors are causing mice and their place looks such a mess that it is making some of the homes here unmarketable. There is no excuse....put it inside...or get rid of it.