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The following conditions within the town constitute and are declared to be nuisances:
(A) Dangerous trees over public highways. Any tree, shrub, or other object standing on such premises in such condition that it shall, if the condition is allowed to continue, endanger life, limb, or property, or cause hurt, damage, or injury to persons or property thereto, by the falling thereon of a part thereof;
(B) Accumulation of rubbish. Accumulation on any premises of filth, refuse, trash, garbage, or other waste material which endangers the public health, welfare, or safety, or materially interferes with the peaceful enjoyment by others or occupants of the adjacent property because of the danger of it catching or communicating fire, its attracting or propagating burning, rodents, or insects, or blowing into any street, sidewalk, or property of others;
(C) Noxious odors or smoke. Emissions from premises into the surrounding atmosphere of such odors, dust, smoke, or other matter as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible;
(D) Noise. Noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comfort of human existence;
(E) Storage of explosives or combustible material. Storage on the premises of such combustible or explosive material as to create a safety hazard to other property or persons in the vicinity;
(F) Open wells. The maintenance of any open or uncovered, or insecurely covered cistern, cellar, well, ditch, excavation, or vault situated on private premises in an open or unfenced lot or place;
(G) Grass and weeds.
(1) Excessively tall grass, weeds, and other rank vegetation growing upon any real estate in the town are declared a nuisance.
(2) It shall be unlawful for any person to allow or permit any excessively tall grass, weeds, or other rank vegetation to be or remain upon any property owned, leased, occupied by, or under the control of such persons in the town.
(3) It shall be the duty of every person to cut and remove all excessively tall grass, weeds, and other rank vegetation from any property owned, leased, occupied by, or under the control of such person within the town as follows.
(a) All grass, weeds, or other rank vegetation shall never exceed a maximum height of eight inches at anytime.
(b) The destruction of weeds and other rank vegetation by the use of a chemical spray shall be deemed in full compliance with this section.
(4) It shall be the duty of every person immediately after mowing, to clean up and remove any and all grass, weeds, leaves, or other rank vegetation from any and all public streets, highways, or sidewalks, regarding any property owned, leased, occupied by, or under the control of such person located within the town.
(5) If any person fails to remove or mow such grass, weeds, or rank vegetation at such times and in the manner prescribed above, the Street Department may cause such grass, weeds, and rank vegetation to be cut and removed. The Clerk-Treasurer shall make a certified statement of the actual cost incurred by the town in such removal, which such statement shall be delivered to the owner of a substantial interest in the real estate by certified mail with a return receipt. The owner shall within 30 days from receipt of such notice, pay the amount to the Clerk-Treasurer. The Code Enforcement Officer shall provide a written notice to all persons holding a substantial interest in the property, prior to the entering onto the property of any such parcel of real estate, that they have a reasonable opportunity to bring the property into compliance, which notice shall provide not less than ten days for bringing the property into compliance. If no such steps are taken, then the expense involved may be made a lien against the property, all as pursuant to I.C. 36-1-6-2. If the violation described above is a violation that is located outdoors and does not involve a building or structure, the town may also issue a bill to the owner of the property for the costs incurred by the town in bringing the property into compliance with this ordinance, including administrative costs and removal costs.
(6) If the owner fails to pay said payments in the time prescribed, the Clerk-Treasurer shall file a certified copy of the statement of costs in the County Auditor’s Office, and the Auditor shall place the amount so claimed on the tax duplicate against the land or the land owner affected by the lien, and the same shall be collected as taxes are collected. When the cost is fully recovered, it shall be deposited in the General Fund of the town.
(1996 Code, § 70.02)
(Ord. 87, passed 12-1-1899; Ord. 481, passed 1-23-1993; Ord. 2002-06, passed 6-5-2002; Ord. 2012-8, passed 11-21-2012) Penalty, see § 91.99