(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DILAPIDATED OR UNSAFE STRUCTURES. Any building or structure, permanent or mobile, which by reason of age or condition, or any other reason, is unsightly, unsafe, dangerous or detrimental such that it poses a substantial risk to the health, safety or welfare of the citizens of the town.
DERELICT VEHICLE/VESSEL/EQUIPMENT/MACHINERY. A derelict vehicle, vessel, item of equipment or machinery refers to such items that is left on a property, with or without lawful authority, and appears to be disused or abandoned by reason of its age, appearance, mechanical condition, or, where required by law to be licensed or registered, lacks the same.
GARBAGE. Encompasses all terms such as trash, litter, rubbish, refuse (organic or inorganic), debris and waste material.
HEAVY TRASH. Any discarded matter which cannot be adequately placed or wrapped in commercially manufactured plastic garbage or trash bags because of its size or weight, and shall include but not necessarily limited to appliances, water heaters, furniture, mattresses, box springs, tires, bricks, concrete blocks, bicycles, lumber, furnace or air conditioning units, metal duct or pipe, large tree limbs, dismantled, disabled or abandoned automobiles, trailers, other vehicles, automotive, trailers, and other vehicle parts and all other items which are either too large or too heavy to be securely wrapped in bags as described above herein.
JUNK. Old, unsightly, or deteriorated material of any kind, including but not limited to, metals, cloth, paper, trash, garbage, glass, plastics, rubber, tires, waste, or wrecked, dismantled, disabled, junked or abandoned motor vehicles, trailers or other vehicles or any parts thereof.
NOXIOUS OR UNSIGHTLY WEEDS. Noxious or unsightly weeds shall mean any vegetation which, by reason of its nature, type, or failure to maintain, mow, trim or cultivate to unreasonable heights; or is unsightly, dangerous or detrimental such that it poses a substantial risk to the health, safety or welfare of the citizens of said town.
OWNER. Owner shall refer to the person holding title to a property subject to this section as reflected on the last recorded deed maintained by the Hancock County Recorder’s Office, and shall include a part owner, joint owner. In the case of the absence or incapacity of the title holder, the definition includes: an executor, trustee or guardian, an agent, mortgagee having control or care of the land or building, and in the absence of proof of ownership, the person assessed for the property is considered as the owner.
PREMISES/PROPERTY. Includes any dwelling, house, building, multi-family structure or other structure, whether inhabited or whether temporarily or continuously uninhabited or vacant, and includes but is not limited to, any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house building, or structure.
RESPONSIBLE PARTY. Includes owner, landlord, lessee, renter, and/or occupant of premises.
UNSIGHTLY. Includes partially demolished, decayed, deteriorated or in a state of disrepair so as to be dangerous, unhealthy or substantially detract from the appearance of the immediate neighborhood or adjoining properties. Included in the definition is a broad list of conditions that could cause a property to be determined unsightly, such as property containing:
(a) An excessive accumulation of ashes, junk, other rubbish or refuse;
(b) The storage or accumulation of a derelict vehicle, vessel, or item of equipment or machinery, or bodies or parts of such items;
(c) An excessive accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other combustible materials;
(d) An excessive accumulation of building material, unless the owner or occupier of the parcel is:
1. In possession of a valid building permit in respect of the materials or it is stored in a closed building or structure such that the accumulation is not visible from another property or the road; or
2. Taking part in active construction/repairs, which shall be subject to review by the town to ensure that the owner or occupier is continuing the construction/repairs in a timely manner;
(e) The storage or accumulation of all or part of a vehicle, as defined in the Motor Vehicle Act, which is not validly registered and licensed in accordance with the Motor Vehicle Act or capable of movement under its own power, unless stored in a closed building or structure such that the vehicle, or any portion of the vehicle, is not visible from another property or the road;
(f) An excessive accumulation of filth, discarded materials or rubbish of any kind, whether or not for commercial purposes or as part of a trade, including but not limited to dead animals, paper, glass, metal, plastics, wire, ropes, machinery, tires, appliances, and any other scrap or salvage; an excessive accumulation or deposit of discarded or fallen building materials, including the surface, covering, or coating of a building or structure, or the building or structure itself or part of it which is missing all or a portion of its surface, covering, or coating materials;
(g) The use of any premises, other than a parcel properly zoned for such use, for the storage, repair, cleaning, maintenance, or servicing of mechanical equipment including bulldozers, graders, backhoes, or other similar equipment;
(h) The presence of graffiti, whether in the form of pictures or words, on real property or on the surface of a premises located on the real property;
(i) An excessive accumulation of garbage not contained in a covered receptacle;
(j) A property, a building or structure that is in a ruinous or dilapidated condition;
(k) A property, a building or structure that the condition of which seriously depreciates the value of land or buildings in the vicinity;
(l) Property, a building or structure that is in such a state of non-repair as to be no longer suitable for human habitation or business purposes or which poses a substantial risk to the health and safety of the citizens of the town;
(m) Property, a building or structure that is an allurement to children who may play there to their danger;
(n) Property, a building or structure that is unsightly in relation to neighboring properties because the exterior finish of the building or structure is not maintained (e.g., missing or severely decayed/damaged cladding and/or veneer (brick, stone, siding);
(o) Property, a building or structure that is a fire hazard to itself or to surrounding lands or buildings;
(p) Property, a building or structure that has been excavated without installing a silt fence and a protective warning tape around the excavation area or had fill placed on it in a manner that results in a hazard; or
(q) Property, a building or structure that has for more than 14 calendar days had plywood or other boarding material secured to windows or doors. Notwithstanding this definition, in order to protect a building against unlawful entry or vandalism while it is vacant, an owner may secure the windows and doors of the building by the use of boarding as follows:
1. Windows shall be framed by two-inch by four-inch boards secured with plywood to the fame by using six, seven-inch lag bolts into king studs in all corners and in the center of the vertical boards. The plywood must be four-ply CDX sheeting or approved equivalent material, no less than one-half inch in thickness and attached by tamper proof screws no less than three inches in length. The screws must be type W for wood and type S for steel, and must be applied to a maximum of eight inches on center.
2. Boarding of a vacant structure is to be considered a temporary and not a long-term method of securing the building. Any boards applied to secure doors and windows for more than 30 days must be surface coated with exterior grade paint so as to reduce the blighting effect on the immediate neighborhood.
3. After six months/ all plywood must be removed and replaced with secure doors or glazed windows.
(B) Violation. Every responsible party, as defined herein, owning, managing, having charge, having control or having occupancy of any real property, premises, lot or building in the town shall not allow such property, building or structure to accumulate junk, garbage, noxious or unsightly weeds; heavy equipment, a derelict vehicle, vessel, equipment or machinery, or otherwise permit such property to become dangerous, dilapidated or unsafe, or permit such property to become visibly unsightly from the street or from the adjoining premises.
(1) It shall be unlawful, and a violation of this section, for any responsible parties of any property, lot or parcel of real estate within the town to maintain thereon a dangerous, dilapidated or unsafe structure as defined herein.
(2) It shall be unlawful, and a violation of this section, for any responsible parties of any property, lot or parcel of real estate within the town, to maintain junk, garbage, noxious or unsightly weeds, or heavy trash, as defined herein, to be deposited on, grown on, or remain on any such lot or parcel of real estate, or permit the existence of any condition on such premises.
(3) It shall be unlawful, and a violation of this section, for any responsible parties of any property, lot or parcel of real estate within the town to allow any part of such property, visible from the street or adjoining premises to become unsightly.
(4) It shall be unlawful, and a violation of this section, to deposit and/or leave garbage (rubbish, refuse (organic or inorganic), debris or waste) material in a location or condition where it is exposed to, scattered by, and/or otherwise dispersed by the elements; also not located or stored in such a manner where it creates a cloud of particles, unsightly conditions or health hazards.
(5) It shall be unlawful, and a violation of this section, to maintain or leave a derelict vehicle, vessel, item of equipment or machinery on any property, lot or parcel of real estate within the town, visible from the street or adjoining premises.
(6) It shall be unlawful for any person to cast, place, or deposit any garbage or junk upon any premises not their own, unless given permission by the responsible party. It shall however be the responsible party’s duty to ensure the property, premises, lot, building or structure complies with this section.
(7) The responsible parties shall be jointly and severally liable for any such violation(s).
(C) Enforcement.
(1) General procedures. There shall be a minimum of a three step procedure for the prosecution of violations of this chapter. Intermediate steps, including additional notices of violation and extensions of time limits for compliance may be used by the Town Manager at his/her sole and unlimited discretion. However, the general procedure for all violations shall follow the minimum steps set forth below. The minimum steps are as follows:
(a) Notice of violation. The Town Manager or her or his designee (hereafter, "Town Manager") shall issue a notice of violation to the person(s) committing, in whole or in part, a violation. The notice of violation is a warning to the violator(s) that a violation has been observed and that it must be corrected within a specified time frame from the date of the mailing.
(b) Notice of penalty for violation. The Town Manager shall issue a notice of penalty for violation to the person(s) committing, in whole or in part, a violation. The notice of penalty for violations is a citation that states the penalty for the violation. The notice of penalty for violation shall be mailed via certified mail, return receipt requested by the Town Manager. The person(s) in violation will have a specified number of days from the date of the mailing to pay all applicable penalty, and must correct the violation within the time period specified by the Town Manager or face additional penalty and/ or any other enforcement action authorized by this chapter.
(c) Legal action. If the person(s) in violation refuses to pay the penalty, attorney's fees, court costs, and/ or correct the violation within the time frame specified by the notice of penalty for violation, the Town Manager may refer the violation to the town's attorney in order to pursue court action through the Circuit of Superior Court of Hancock County. Additional penalty and liens against the property may also be pursued until the matter is resolved.
(2) Monetary fines. Monetary fines may be imposed at the discretion of the Town Manager by issuance of the notice of fines for violations as set forth above.
(a) Multiple violations. Each day a violation exists shall constitute a separate offense.
(b) Fine amount. Each separate offense shall be subject to a maximum fine specified by the adopted fee schedule assessed on a per day basis from the date of compliance requested by the Town Manager in the notice of violation.
1. In addition to any fine imposed, any person who initiates any activity that requires an improvement location permit without first obtaining such permit may be required to pay two times the normal amount of the permit fee as an additional fine, consistent with the adopted fee schedule.
2. The amount of any fine shall be as determined by the Town Manager.
(c) Payment. The payment of any violation shall be by cash or cashier's check and shall be delivered to the Town Manager who shall forward the funds to the Clerk-Treasurer for deposit in the appropriate fund.
1. The Town Manager shall issue a receipt to the person making the payment.
2. The Town Manager may, at his/her discretion, waive the assessed fine for the timely correction of the violation.
(3) Appeals. Any person receiving a notice of violation and/or fine(s) for violation may appeal the violation and/or fine to the Circuit or Superior Court of Hancock County. Such person desiring to appeal the violation shall appear in person before the Town Clerk-Treasurer or submit a written statement denying the ordinance violation and requesting an appeal hearing shall be submitted to the Town Clerk-Treasurer at least three days prior to the date any fine and/or compliance is due.
(a) Fines. No additional fines shall accrue from the date of the appeal until the court has made a ruling as to the violation and/or fine.
(b) Additional notices. No additional notices will be issued by the Town Manager if the person(s) in violation has (have) submitted an appeal.
(4) Legal remedies. The Town Manager via the town's attorney may bring an action in the Circuit or Superior Court of Hancock County to invoke any legal, equitable, or special remedy, for the enforcement of any town ordinance or regulation.
(a) Injunction. The Town Manager may bring an action in the Circuit or Superior Court of Hancock County to enjoin a person(s) from violating this section.
(b) Abatement of violation. The Town Manager may also bring an action in the Circuit or Superior Court of the county for a mandatory injunction, directing the property owner to abate a violation of this section.
(c) Responsibility for prosecution expenses.
1. A defendant/respondent shall reimburse the town all expenses associated with the prosecution of a violation of any provision of this chapter, including but not limited to any fines, attorney's fees, photocopying charges, mileage, hours, or portions thereof, devoted to said prosecution by the Town Manager or any employee of the town and any other cost incurred directly or indirectly by any employee or elected official of the town related to said prosecution.
2. Documentation. Only those costs of enforcement that are documented by the Town Manager, and that have a relationship to the enforcement action shall be paid by the defendant/ respondent.
(5) Conflict with enforcement of county zoning ordinances. Nothing in this section shall be construed to take the place of any Hancock County Ordinances governing the enforcement of Hancock County Zoning Ordinances as applied to and enforced in the town. This enforcement procedures set forth in this section shall only apply to the enforcement of this § 92.27 of the Town Code.
(D) Demolition. Before the town can direct or authorize demolition of a building or structure for violation of this section, the following must occur:
(1) The owner must be given not less than ten days’ notice of the time, date and place of a meeting at which a demolition order shall be considered.
(2) The owner must be given an opportunity to appear and be heard before any demolition order can be made.
(3) The town must make application to a court for a declaration that a property is dangerous and/or unsightly, and for an order specifying that the condition be remedied by demolition.
(4) Efforts to remedy the violation by lesser means shall have been exhausted or otherwise established as ineffective to remedy the violation.
(E) Failure to abate.
(1) If a responsible party of any lot or parcel of real estate shall fail and/or refuse to remove or abate such violation(s) after receiving notice for compliance, as provided in division (C) above, the Town Council shall have the authority to cause the same to be removed or otherwise abated.
(2) Where the Town Council does order a removal, the town by its officers, employees, contractors, or agents may enter on the property and effect the removal or clearance at the expense of the owner of record of the property. The cost of the removal is due and payable immediately.
(3) When the town has effected the removal or abatement of the violation, the Town Manager shall prepare a written and itemized statement showing the actual cost of the work performed and the same shall be billed to the property owner of record. The cost of the work shall include all administrative costs, including but not limited to providing notice and attorneys’ fees, incurred by the town in regards to such violation(s) and shall be payable at the time of receiving statement of costs.
(4) When the full amount due is not paid by the owner within 30 days after the receipt of the billing statement, the Town Manager shall cause to be recorded in the County Recorder’s Office a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the location of the property on which the work was done.
(a) The recordation of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due on principal and interest, plus costs of court, if any, for collection, until final payment has been made.
(b) The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquency penalty the same as real estate taxes in the event same is not paid in full on or before the date the tax bill on which the charges appear becomes delinquent.
(c) Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned of the property designated or described in the statement and that the same is due and collectible as provided by law.
(d) The Town Council may also pursue collection through any other lawful means, including court proceedings, if it so desires, if the full amount is not paid within 30 days.
(Ord. 2002-5A, passed 5-28-02; Am. Ord. 2012-3B, passed 4-16-12; Am. Ord. 2017-5B, passed 6-5-17)