For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD. The city’s Board of Public Works and Safety.
CITY. The City of Charlestown, Indiana.
CITY OFFICIAL. Any person representing the city in an employment or appointive capacity, who has any legal authority to investigate, inspect, record, install utilities, disconnect utilities, order the disconnection of utilities, or who has arrest powers, or that person’s designee.
CONTRABAND. Any substance or item that is illegal for a person to possess, under the circumstances, including but not limited to controlled substances, illegal drugs or legal drugs possessed in an illegal manner.
COUNCIL. The Common Council of the City of Charlestown, Indiana.
ENFORCEMENT OFFICER. Any city official or his or her appointee, whose responsibility it is to conduct inspections or report nuisance behavior deemed illegal by this chapter, or who has been assigned the responsibility to levy fines or other enforcement action by a city official.
HABITUALLY. A frequency of an action that occurs at least three times within any 12-month period.
NOTICE. A written advisement that a condition or event has occurred, may have occurred, will occur or could occur. Notices described herein are deemed delivered as follows:
(1) NOTICE TO OCCUPANTS. Notice is deemed given to the occupant of any premises when provided by any of the following means:
(a) When personally delivered to any adult occupant of the premises;
(b) By mailing a written notice by certified U.S. mail, addressed to “occupant” to the street or mailing address of the premises; or
(c) By posting a notice in a conspicuous location on the exterior of the premises after unsuccessfully attempting to deliver a notice personally.
(2) NOTICE TO OTHERS. Notice is deemed given to persons other than owners or occupants by any of the following means:
(a) When personally delivered to the person or to the person’s legal representative;
(b) If the person is a corporation, LLC, partnership or other legal entity, by delivery or mailing a written notice by certified U.S. mail, to any representative or agent authorized to receive service of process on behalf of the owner or entity;
(c) By mailing a written notice by certified U.S. mail, addressed to the business address, residential mailing address or other address provided by the person to a city official or enforcement officer; or
(d) By legal publication at least two times in the News and Tribune, at least 30 days apart, after unsuccessfully attempting to deliver a notice another way.
(3) NOTICE TO OWNERS. Notice is deemed given to the owner of any premises when provided by any one of the following means:
(a) When personally delivered to any owner or the owner’s legal representative;
(b) If the owner is a corporation, LLC, partnership or other legal entity, by delivery or mailing a written notice by certified U.S. mail, to any representative or agent authorized to receive service of process on behalf of the owner or entity;
(c) By mailing a written notice by certified U.S. mail, to the owner’s tax mailing address for the premises in question on file at the office of the County Auditor;
(d) By mailing a written notice by certified U.S. mail, to the owner’s address provided to the city in writing by the owner; or
(e) If no address for mailing (as described above) is readily apparent, or for other good cause, then notice is provided by posting a written notice in a conspicuous location on the exterior of the premises in question owned by the owner.
NUISANCE BEHAVIOR. The following circumstances or behavior, when it occurs at premises within the municipal limits of the city:
(1) Disturbances of the peace occur to the extent that the Police Department or another city official is dispatched to the premises at the request of owners, occupants or others;
(2) Criminal activity takes place at the premises, whether or not a disturbance of the peace occurs, and whether or not police or other city officials are dispatched;
(3) Premises are not maintained in accordance with the requirements of the city’s Property Maintenance Code (see Ch. 150 of this code), with each separate violation of that ordinance being a different instance of nuisance behavior;
(4) A violation of any other city ordinance takes place at the premises, with each separate violation of an ordinance being a different instance of nuisance behavior;
(5) Dogs or cats that habitually run at large are owned, housed, harbored or fed at the premises;
(6) Dogs routinely barking in violation of city ordinances are owned, housed, harbored or fed at the premises;
(7) Contraband is manufactured, possessed, stored, found, sold or purchased at the premises;
(8) City-owned utility services are received and/or consumed at the premises, but are not paid for in a timely manner; and/or
(9) Utility services to the premises that have been discontinued by a utility provider are reconnected without the knowledge or authorization of the utility provider.
OCCUPANT. A person that lives in, occupies, is routinely found at or has quarters or space in or at any premises within the city.
OWNER. A person having legal or equitable title to premises within the city.
PERSON. An individual, tenants by the entireties, a corporation, partnership, trustee, lessee, agent or assignee, or any other legal entity, or any other group acting as a legal entity.
PREMISES. Any building, structure, parking lot, parcel of land, common area, driveway, open space or any portion thereof or the ground itself.
PUBLIC NUISANCE. Premises within the city where nuisance behavior habitually occurs. Each time a separate incidence of nuisance behavior subsequently occurs on the premises in a 12-month period after the premises are initially deemed a PUBLIC NUISANCE is considered a separate public nuisance and can be punished as set out herein.
(1) If nuisance behavior occurs on a premises on January 1, 2016, then again on April 1, 2016, then for a third time on December 31, 2016, the premises can be deemed a PUBLIC NUISANCE. Fines can be imposed and other authorized enforcement action set out herein can be undertaken.
(2) If nuisance behavior occurs on a premises on January 1, 2016, then again on April 1, 2016 and a third incidence of nuisance behavior occurs on December 31, 2016 (with the person that is the owner and/or occupant of the premises being fined and/or other enforcement action taken), then afterwards, a fourth incidence of nuisance behavior occurs on March 31, 2017, the premises can be deemed a PUBLIC NUISANCE a second time, in which case additional fines and enforcement action can be imposed.
(3) If nuisance behavior occurs on a premises on January 1, 2016, then again on April 1, 2016, a third incidence of nuisance behavior occurs on December 31, 2016 (with the person that is the owner and/or occupant of the premises being fined and/or other enforcement action taken), then afterwards a fourth incidence of nuisance behavior occurs on April 2, 2017, the premises will not be deemed a PUBLIC NUISANCE again, unless a fifth incidence of nuisance behavior occurs by December 31, 2017.
(Ord. 2016-OR-07, passed 2-15-2016) Penalty, see § 91.99