(a) Inspection of premises. Whenever complaint is made to the Mayor that a public nuisance exists or has existed within the City, he shall promptly notify the Building Commissioner, or some other City official whom the Mayor shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of his findings to the Mayor. Whenever practicable, the inspection officer shall cause photographs to be made of the premises and shall file the same in the office of the Clerk.
(b) Summary abatement.
(1) Notice to owner. If the inspection officer shall determine that a public nuisance exists on private property and that there is a great and immediate danger to the public health, safety, peace, morals or decency, the Mayor may direct the Chief of Police, or a deputy sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within 24 hours and shall state that unless such nuisance is so abated, the City will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
(2) Abatement by City. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Building Commissioner, or some other City official whom the Mayor shall designate, shall cause the abatement or removal of such public nuisance.
(c) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he shall file a written report of his findings with the Mayor, who shall cause an action to abate such nuisance to be commenced in the name of the City.
(`91 Code, § 6-80) (Ord. D-2505-19, 12-16-19)
Statutory reference:
City Attorney authorized to bring action to abate or enjoin nuisance, see I.C., 34-19-2-2