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(A) Notice of orders and other notices provided for herein need not be given to a person holding a property interest in the real property on which a public nuisance is located if:
(1) No instrument reflecting the property interest held by the person has been recorded in the Office of the County Recorder; and
(2) The Office of the Neighborhood Development Coordinator has not received written notice of the identity of the person who holds a property interest in the property where the nuisance is located. A person who fails to record an instrument reflecting an interest in the property where the nuisance is located is considered to consent to action taken under this subchapter for which notice would otherwise be given.
(B) In the event title to the property where the nuisance is located has been conveyed and no instrument reflecting the conveyance has been recorded in the Office of the County Recorder, the owner(s) of record shall be held fully liable under this subchapter, unless the owner(s) of record has provided the Office of the Neighborhood Development Coordinator with the following:
(1) A copy of the instrument of conveyance;
(2) An affidavit signed by the owner(s) of record stating that the instrument reflects the present transfer of title to the property rather than a future or contingent interest; and
(3) The name and address of the principal residence or place of business of the transferee.
(1979 Code, §99.09) (Ord. 4332, passed 12-19-1997; Am. Ord. 4961, passed 4-3-2006
)
Each Code Enforcement Officer and any employee appointed by the City Manager of the Public Buildings and Grounds Division in the Office of Parks and Cultural Resources shall, by virtue of this subchapter, be empowered to directly issue tickets (citations) for violations of this subchapter, citing violators to appear before the Ordinance Violations Bureau pursuant to I.C. 33-6-3 et seq., and making said violators subject to the penalties set forth in § 99.99. In addition, Code Enforcement Officers and employees appointed by the City Manager of the Public Buildings and Grounds Division in the Office of Parks and Cultural Resources shall be authorized to issue orders requiring abatement of public nuisances under this subchapter. The city may take any other lawful action, including, but not limited to instituting suit in law or in equity, to prevent, remedy or prosecute a violation. Nothing in this subchapter shall be construed to require the issuance of a notice of the existence of a violation prior to issuing a citation for the violation. The city may, in its discretion, elect to take enforcement action against any owner(s) of record, unrecorded contract purchaser(s) and/or the tenant(s) and/or occupant(s) of the property. Owner(s) of record, unrecorded contract purchaser(s) and tenant(s) and/or occupant(s) of the property may be held jointly and severally liable for violations of this subchapter. The city may impose the ultimate responsibility for removal of any violation on any owner of record.
(1979 Code, § 99.10) (Ord. 4217, passed 9-11-1995; Am. Ord. 4332, passed 12-19-1997; Am. Ord. 4961, passed 4-3-2006
)
FILTH ON GROUNDS AND STREETS
No person shall place or deposit manure, or allow it to accumulate upon any lot or premises within the city, at a distance less than 20 feet from any dwelling house, office or store unless it is within the walls of the stable upon the premises.
(1979 Code, § 99.23) (Ord. 276, passed 6-13-1900) Penalty, see § 99.99
No occupant of any building or room shall allow any rubbish, offal or decaying animal or vegetable matter to remain on any public street or alley in front of the premises.
(1979 Code, § 99.24) (Ord. 138, passed 10-28-1891) Penalty, see § 99.99
DEPOSITING ASHES IN AND NEAR STREETS
No person, firm or corporation shall deposit ashes in the streets and alleys of the city. However, ashes free from nails, glass and other objects liable to puncture tires may be used for temporary improvement of streets and alleys, but only after obtaining permission from the Board of Public Works and Safety in writing specifying the place that is to be so improved. It shall be unlawful to leave ashes or other material for the improvement of a street or alley without spreading them to the grade and crown of the highway so as to leave a smooth surface roadway for traveling.
(1979 Code, § 99.30) (Ord. 775, passed 12-6-1917) Penalty, see § 99.99
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