§ 130.01 DEFINITIONS.

   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;

      (9)   Unnecessary noises, as prohibited by Chapter 102 of the Code of Ordinances;

      (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.

§ 130.02 PERMITTING THE USE OF REAL PROPERTY FOR PROHIBITED CONDUCT; DISORDERLY HOUSES; PUBLIC NUISANCE.

   (A)   No owner of real property located in the city shall knowingly allow that real property to be used as a site for any prohibited conduct.

   (B)   Whenever prohibited conduct occurs in or upon a building, dwelling, establishment, premises or place, the city hereby deems the building, dwelling, establishment, premises or place to be a disorderly house and a public nuisance.

(Ord. 28, 2014, passed 3-2-15) Penalty, see § 130.99

§ 130.03 NOTICE PROVIDED TO PROPERTY OWNER.

   (A)   Upon a determination by the Police Department that such suspected prohibited conduct is taking place at a particular premises based upon lawfully obtained evidence, including but not limited to, personal knowledge of a police officer, information obtained from a reliable source, evidence obtained pursuant to an arrest, or physical evidence obtained by a search warrant or other lawful means, a written notice shall be sent by the Police department to the owner, as provided herein, of the real property and a copy to the tenant or occupant whose premise is the subject of the investigation revealed suspected prohibited conduct on the real property and the fact that there is an on-going investigation.

   (B)   The notice shall inform the owner that whenever prohibited conduct occurs in or upon a building, dwelling, establishment, premises or place, the city deems such location to be a disorderly house and a public nuisance.

   (C)   The notice shall further inform the owner that he or she shall take legal action, within ten days of the date of the letter, to abate such suspected prohibited conduct, which may include, but is not limited to, filing an eviction action.

   (D)   The notice shall further include a request of the property owner to whom the letter is addressed to specify in writing information concerning the existence of any contract for conditional sale of real estate, commonly known as a land contract, and any other person who has a legal, equitable, or possessory interest in the dwelling or dwelling unit and the pertinent information, including, but not limited to, name, address, and phone number with respect to those individuals.

   (E)   Any owner or tenant who believes the determination by the Police Department of prohibited conduct on the premises is insufficient to permit an eviction of the tenant or other occupant, may appeal that determination in writing, within ten days of the date of the first notice by filing a mandate action in the city court.

(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)