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OFFENSES REGARDING REAL PROPERTY
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.
(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
(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)
The City of Beech Grove shall provide notice to the owner of the property and the occupants of the property in the manner provided by IC 36-7-9-25. The City of Beech Grove deems the owner of the property and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the notice.
(Ord. 28, 2014, passed 3-2-15)
(A) If the prohibited conduct has not been abated or an eviction action has not been commenced within ten days of the first written notice, a second written notice shall be sent to the owner of the real estate, by certified mail, return receipt requested or such other method as permitted herein, and shall inform the owner that the investigation at the premises is continuing, and that legal proceedings may be commenced pursuant to this subchapter. Such letter shall inform the owner of his or her failure to take some form of remedial action within five days to abate the prohibited conduct, including eviction of those persons conducting the prohibited conduct, will result in legal proceedings against the owner for violation of this subchapter. A copy of the notice shall be sent to the Chief of Police, the City Attorney and the tenant/occupant of the premises.
(B) If the owner of the property fails to take required legal action to abate the prohibited conduct or commence an eviction action within five days of receipt of the second notice, the City of Beech Grove may proceed to collect the fines provided in this subchapter and/or proceed under state law to abate or injoin any suspected prohibited conduct as defined herein constituting a public nuisance as defined under the city code or state law.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)
No person shall be charged with violation of this subchapter if such person:
(A) Has instituted eviction proceedings within ten days of receipt of notice of alleged prohibited conduct as provided herein, against the tenant or occupant whose suspected prohibited conduct would otherwise give rise to potential liability under this subchapter;
(B) Has proceeded with reasonable diligence in the prosecution of the eviction proceedings;
(C) If any eviction proceedings are not completed within 30 days by reason of court ordered delays in such proceedings, the person charged with a violation of this subchapter must, nonetheless, move forward expeditiously with any such eviction proceeding;
(D) Has initiated an action under IC 32-30-8 et seq. or any other similar eviction law which will cause such prohibited conduct to cease upon the property; or
(E) Has requested the assistance of the Police Department in providing evidence at any evidentiary hearing in an eviction proceeding entered hereunder and the Police Department has either failed or refused to appear or to provide evidence in support of the eviction action.
(Ord. 28, 2014, passed 3-2-15; Am. Ord. 7, 2016, passed 5-2-16)
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