(A) Maintaining trash and debris. It shall be a violation of this subchapter for the owner, or anyone having a substantial property interest in real property, including open or vacant property within the city limits to deposit or allow to remain on that real property any trash and debris, as defined in § 92.01, which items might provide food or harborage for insects, rodents or pests; pose a fire safety hazard; or pose a nuisance.
(B) Inspection; order upon determination of violation.
(1) (a) When a complaint alleging a violation of this subchapter is received by the town from any person, the Town Council, or through its own employees, if it is determined that an inspector needs to enter the property to complete an inspection, the town shall seek approval through an administrative search warrant (I.C. 36-7-9-16) or other court order, from a court of law to enter onto the property and make an inspection if the owner or person in control of the property does not voluntarily give permission to enter the property to make the inspection. The search shall be limited to the places pertinent to the complaint or as outlined in the inspection warrant. No such administrative search warrant or other court approval shall be necessary if the inspection can be made from a public sidewalk, street, alley or other public place or from adjoining property with that owner’s permission.
(b) If a violation has occurred, the town may enter the following orders:
1. Order the owner or other responsible party to remove the trash and debris;
2. Authorize the town employees to have the trash and debris removed, or either by its own workers and equipment or by a contractor hired by the town for this purpose. The cost incurred by the town in removing the trash and debris, as well as the average processing cost incurred by the town in processing the matter shall be added to the cost of removal of the trash and debris; or
3. Any other order appropriate and authorized under I.C. 36-7-9-5 or other law of the state.
(2) (a) The person to be notified shall also be notified that if the costs outlined above and authorized by law are not paid when due, they may be added to his or her property taxes and/or be a lien against his or her property.
(b) The notice shall also state:
1. The location of the violation;
2. The nature of the violation;
3. The time period for correcting the violation; and
4. The remedy the town may seek to abate the violation; and the name, address and telephone number of the person to contact regarding the violation.
(C) Inspection of occupied property; order to remove trash and debris. When a complaint alleging a violation of this subchapter is received by the town from any person, or through its own employees, if it is determined that an inspector needs to enter the property to complete an inspection, the Department shall seek approval through an administrative search warrant (I.C. 36-7-9-16) or other court order, from a court of law to enter onto any occupied property and make an inspection if the owner or person in control of the property does not voluntarily give permission to enter the property to make the inspection. The search shall be limited to the places pertinent to the complaint or as outlined in the inspection warrant. No such administrative search warrant or other court approval shall be necessary if the inspection can be made from a public sidewalk, street, alley or other public place or from adjoining property with that owner’s permission, or if the premises is abandoned. The town shall document any trash and debris violation as outlined in this section and issue an order to the owner to remove the trash and debris within ten calendar days. The order becomes final ten days after notice is given unless the owner(s), or other person holding a substantial interest in the property, requests a hearing in writing and the written request is delivered to the town before the end of the ten-day period. If a hearing is held, the owner or other interested party holding a substantial interest in the property may appeal the decision of the town as outlined in I.C. 36-7-9-8, and amended from time to time, to the circuit or superior court of the county within the time limits provided in I.C. 36-7-9-8. If this matter is taken to a court, the city may recover its costs and expenses, a fine, as well as all amounts allowed by law and this code.
(D) Unsafe premises. For purposes of this subchapter and I.C. 36-7-9-4, the city now finds that a violation of this section constitutes an unsafe premises by being a fire hazard, and/or a hazard to the public health, and/or a public nuisance and/or a danger to a person or property.
(Ord. 2015-05, passed 5-11-2015) Penalty, see § 92.99