(A) It shall be unlawful for any person to create or maintain a public nuisance, as defined herein, or, by action or neglect to allow a public nuisance to exist on property if the person is an owner of record, unrecorded contract purchaser, tenant or occupant of the property.
(B) In addition to what is declared in this section to be a public nuisance, those offenses which are known to the common law and state statutes as public nuisances may, when found to exist within the city limits, be treated as such and be proceeded against as provided in this subchapter, or in accordance with any other provisions of law. Wherever the word “nuisance” is used in this subchapter, it refers to a public nuisance. The presence of the following objects and the existence of the following conditions on real property shall be considered to constitute public nuisances for the purpose of this chapter:
(1) Litter;
(2) Fallen trees, stumps, dead trees, cut brush, fallen or cut limbs;
(3) Boxes, appliances, household items and tires;
(4) Construction and demolition debris;
(5) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the city;
(6) Accumulated garbage and trash;
(7) Vehicle parts, disassembled vehicles, vehicles without engines, plumbing and piping materials and parts, scrap metal, unseaworthy or dilapidated watercraft, dilapidated, deteriorated, or inoperable vehicles, jet skis, snowmobiles, motorcycles, bicycles, trailers or mopeds, provided, however, that this division shall not be deemed to apply to duly licensed and properly zoned junk yards, scrap recycling or vehicle impounding yards when said yards are operating in compliance with state and local laws;
(8) Structures defaced with paint or wording;
(9) Any portion of real property or any personal property which emits an offensive or dangerous odor;
(10) Any trash, garbage, rubbish, wastewater, filth, offal, animal waste, human excrement, which is deposited, allowed or caused to be accumulated upon any public or private property;
(11) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage;
(12) Any dead animal or animal parts;
(13) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pool upon any public property;
(14) Any real or personal property which is infected with contagious disease or is likely to cause an immediate health hazard;
(15) Any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
(16) Any real or personal property, used as a place of residence or habitation or for sleeping, that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation or garbage and trash removal;
(17) The storage of any explosive, combustible or other material which creates a safety or health hazard;
(18) Trees, shrubbery, weeds, snow or other material obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards;
(19) Containers left upon the sidewalk, the area between a street and sidewalk, or the front or side yard, and alleyways on noncollection days, except as provided by this subchapter;
(20) Any furniture, not originally designed or manufactured solely for outdoor use which is placed outdoors; or any furniture which was originally designed or manufactured for outdoor use, which is now dilapidated or deteriorated; and
(21) Weeds and/or rank vegetation.
(C) Order and due process prior to abatement by city.
(1) Nuisances other than weeds and/or rank vegetation. A Code Enforcement Officer shall serve an order, in writing, to remove within 5 days from any real or personal property within the city, any object or condition, other than weeds and/or rank vegetation, which is deemed to be a public nuisance under this subchapter. The written order may be enforced in the manner stated in this subchapter against any owner of record of property for any condition on the property. The written order may also be enforced against any tenant and/or occupant for conditions on property over which the tenant and/or occupant has control. Enforcement of the subchapter against any owner of record by the city shall not in any manner diminish the ability of the city to enforce the subchapter against any tenant and/or occupant of the property, and the enforcement of this subchapter against any tenant and/or occupant of the property shall not in any manner diminish the ability of the city to enforce this subchapter against any owner of record. As described at § 99.10, enforcement may also be brought by the city against any unrecorded contract purchaser, subject to § 99.09. The written order shall be served on any owner of record or his or her agent, and may be served on any tenant or occupant of the property upon which the nuisance exists. The order shall contain the action that the order requires, a statement briefly indicating what action can be taken by the city if the order is not complied with, and the name, address and telephone number of the Neighborhood Development Coordinator. The order further must state that the order becomes final 5 days after the notice is given, unless a hearing is requested in writing by a person served herein, and the request is delivered to the office of the Neighborhood Development Coordinator before the end of the 5-day period.
(a) Service of the order shall be given by sending a copy of the order by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested; delivering a copy of the order personally to the person to be notified; or leaving a copy of the order at the dwelling or usual place of abode of the person to be notified. Notwithstanding the foregoing, notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located.
(b) If, after reasonable effort service is not obtained by a means described in division (C)(2)(a) above, service may be made by publishing a notice of the order in accordance with I.C. 5-3-1 in the county where the nuisance is located. However, publication may be made on consecutive days.
(c) When service is made personally pursuant to division (C)(2)(a) above, the person making service shall make an affidavit stating that he or she has made the service, the manner in which service was made, to whom the order or statement was issued, the nature of the order and the date of service. The affidavit will be placed on file with the Code Enforcement Officer.
(d) If a hearing is requested by a person served with the order pursuant to this subchapter, the hearing will be scheduled no earlier than 5 days after notice of the order is given. The person to whom the order was issued, any person having a substantial property interest in the property where the nuisance is located, or any person served with an order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses and present arguments. The Hearing Authority appointed pursuant hereto in regard to unsafe buildings, shall preside over each hearing. At the conclusion of the hearing, the Hearing Authority may affirm the order, rescind the order or modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the Hearing Authority may modify the order only in a manner that makes its terms less stringent.
(2) Weeds and rank vegetation.
(a) A Code Enforcement Officer may issue an order in writing to remove weeds and rank vegetation from any real or personal property within the city within 48 hours. Notice of the order shall be given to any owner of record and may be given to any tenant or occupant of the property upon which the weeds and rank vegetation exist. Notice to any owner of record may be mailed to the last known address of such owner of record. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exist.
(b)
A person to whom an order is issued may appeal the order by filing a written appeal with the office of the Neighborhood Development Coordinator within 48 hours after delivery of notice of the order. If a written appeal is filed, a hearing before the Hearing Authority appointed pursuant hereto shall be held no sooner than 48 hours after notice of the order is given. The Hearing Authority may affirm, rescind or modify the order.
(D) Abatement by the city.
(1) Upon the failure, neglect, or refusal of any party to whom an order to abate a nuisance has been given under this section to comply with said order if a hearing is not requested, or if a hearing is requested upon the failure, neglect, or refusal to comply with the order of the Hearing Authority entered pursuant to said hearing, or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety, the Neighborhood Development Coordinator may abate the nuisance. The Neighborhood Coordinator may abate the nuisance by contract with a contractor or with city equipment and personnel from the Street Department or other city departments. The Neighborhood Development Coordinator will keep accurate accounting of costs incurred to abate the nuisance.
(2) Collection of costs. Costs incurred to abate nuisances under this subchapter shall be collected in the following manner:
(a) The costs to abate the nuisance will include the following:
1. The actual cost of the work performed by the Neighborhood Development Coordinator with city equipment and personnel from the Street Department or other city departments or the bid price cost of work accomplished by a contractor; and
2. A uniform administrative cost that covers the cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the real estate, the cost of notice of orders, notice of statements that public bids are to be let, or that the Neighborhood Development Coordinator intends to accomplish the work, and notice that a hearing may be held, salaries for employees, and the cost of supplies, equipment, and office space. The Board of Public Works will determine said uniform costs.
(b) The Neighborhood Development Coordinator shall bill the costs to the owner of record, and such owner of record shall be liable to the city for such costs.
(c) A nonreverting fund, designated the Property Cleanup Fund, is hereby established in the operating budget of the city to receive costs recovered pursuant to this subchapter and § 153.092. Payments from the fund may be used for the costs of abatement incurred pursuant to this subchapter and § 153.092.
(d) Appropriate legal action may be taken to collect such costs if they remain unpaid 45 days after the billing date. Such costs may be made a lien against the property. In addition, such costs may be certified to the County Auditor for placement on the tax duplicate for the property affected and collection as delinquent taxes. All costs that are recovered pursuant to this section shall be transferred to the Property Cleanup Fund.
(1979 Code, § 99.07) (Ord. 4217, passed 9-11-1995; Am. Ord. 4332, passed 12-19-1997; Am. Ord. 4961, passed 4-3-2006
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Cross-reference:
Nuisance regulations, see Ch. 95