The following words and phrases have the meaning set forth herein:
“DISORDERLY HOUSE.” A building, dwelling, establishment, premises or place where prohibited conduct occurs, and it includes the outside area contiguous to and surrounding the structure such as a yard or lot under the same ownership. If the building, dwelling, establishment, premises or place is a multiple-unit dwelling or residence, hotel, or motel, or commercial or office building, this definition applies, only to that dwelling unit, room or suite of rooms in the hotel or motel, office rooms or suite, store, lot or yard in or on which prohibited conduct occurs.
“NUISANCE.” Has the same meaning as set forth in Chapter 98 of the Code of Ordinances.
“OCCUPANT.” Any person over 16 years of age whose domicile is the property upon which the prohibited conduct has been found to have occurred.
“OWNER.”
(1) The recorded owner of the property, as determined by the records of the Beech Grove Sewage Works Department;
(2) Any party with an equitable interest in the property, provided that such equitable interest is recorded; and
(3) The trustee of a land trust, if the land trust holds title to such property.
“PROHIBITED CONDUCT.” Conduct or activities occurring in violation of statutes or ordinances relating to any of the following:
(1) Use of sale of illegal drugs or controlled substances, as defined in IC 35-48;
(2) Prostitution, patronizing a prostitute, or promoting prostitution, as defined in IC 35-45-4;
(3) Gambling, as defined in IC 35-45-5-1;
(4) Battery, as defined in IC 35-42-2-1;
(5) Contributing to the delinquency of a minor, as defined in IC 35-46-1-8;
(6) Resisting law enforcement, as defined in IC 35-44-3-3;
(7) Disorderly conduct, as defined in IC 35-45-1-3;
(8) Criminal recklessness, as defined in IC 35-42-2-2;
(10) Failure to keep vacant property secured against entry, in violation of Chapter 98
of the Code of Ordinances, or IC 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the city has issued a citation for the violation, issued an order to secure, or taken action to abate the condition;
(11) Failure to comply with Chapter 98
(Prohibition on Public Nuisances), of the Code of Ordinances constitutes prohibited conduct whenever the city has verified with the code enforcement officer that such violation has occurred at the property three or more times within a calendar year. Such violation constitutes prohibited conduct regardless of whether the city has taken action to abate the condition or conduct and regardless of whether the city has issued a citation for the violation.
(12) Violations of any of the following Indiana statutes governing the sale, possession, delivery or receipt of alcoholic beverages:
(a) Sales, delivery or possession in violation of IC 7.1-5-1-1;
(b) Illegal possession by a minor in violation of IC 7.1-5-7-7;
(c) Furnishing alcohol to a minor in violation of IC 7.1-5-7-8;
(d) Inducing a minor to possess alcohol in violation of IC 7.1-5-7-15;
(e) Sale or delivery of alcoholic beverages to intoxicated persons in violation of IC 7.1-5-10-15;
(f) Receipt of alcoholic beverages from a person who does not hold a permit in violation of IC 7.1-5-10-5;
(g) Purchase of alcoholic beverages from a person who does not hold a permit in violation of IC 7.1-5-10-7; or
(h) Visiting or maintaining a common nuisance in violation of IC 7.1-5-10-21. “VISITING” means a building which is lacking the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased.
(Ord. 28, 2014, passed 3-2-15)
Editor’s note:
IC 7.1-5-10-21 was repealed by P.L. 59-2016, Sec. 1.