§ 151.01 STRUCTURES OR EXCAVATION SUBJECT TO UNSAFE DECLARATION.
   (A)   The Town Council, working in conjunction with the State or County Board of Health, or the Town Zoning Inspector or Administrator, or the Town Marshal is hereby authorized and empowered to declare certain structures and excavations a public nuisance and to cause the same to be demolished, razed and filled in accordance with the provisions hereof.
   (B)   Structures or excavations subject to being determined public nuisances:
      (1)   Any structure containing debris, refuse, garbage, trash or other material to an extent that it has become attractive to rodents, wild animals or insects to an extent so as presenting a reasonably perceived hazard to the health and safety of the occupants, neighbors or children;
      (2)   Any structure which is sufficiently unsound as to present a danger of partial or total collapse of any wall, root or floor and presenting a reasonably perceived hazard to the health and safety of the occupants, neighbors or children of the area;
      (3)   Any structure commenced or completed in violation of any building or zoning code of the town;
      (4)   Any structure upon which construction was lawfully commenced, but completion has not been effected within the limits of reasonable diligence after the permit was issued;
      (5)   Any structure which has been abandoned in an unsecured state, and constitutes a dangerous attraction to children, or has become sufficiently decrepit to constitute an attractive site for graffiti and vandals;
      (6)   Any inhabited structure which is not connected to a functioning and approved septic system or other approved waste disposal system;
      (7)   Any unsecured excavation which presents a reasonably perceived hazard to the health and safety of citizens and children, provided this clause shall not include naturally existing lakes, streams or ponds, nor swimming pools constructed and fenced in compliance with the provisions of the town code, human-made farm ponds or fish breeding ponds, provided the same have filled after a reasonable period of time and the same do not constitute a health hazard due to stagnation or pollution; and
      (8)   Any building or structure or any part of a building, structure or premise that is considered an unsafe building or unsafe premises within the terms of I.C. 36-7-9-4, or any amends or replacements thereof.
(1996 Code, § 7-4)