(A) I.C. 36-1-3 et seq. authorizes a local government to exercise such powers as necessary and desirable to conduct its affairs granted by statute or otherwise to effectively discharge its duties and undertake such action not inconsistent with state law in operating and conducting affairs of local interests.
(B) Receptacles inviting deposits and collection of clothing, shoes, household goods, and other personal property donated by the public (DONATION DROP BOXES or DROP BOXES) promote the accumulation of rubbish, trash, refuge, junk, and other abandoned materials that create a harborage for rats, mice, insects, and other vermin, all of which constitute a nuisance as defined by I.C. 32-30-6-6 which give arise to dangers to the health, safety, and welfare of the citizens of the city.
(C) The placement or maintenance of donation drop boxes, as defined in division (B) above, within the city is prohibited.
(D) The code enforcement officer of the city is hereby authorized and directed to enforce this section.
(E) Upon the discovery of the existence of a donation drop box, the code enforcement officer shall notify the owner of such drop box that such is in violation of this section and order the removal thereof within ten days.
(F) If such drop box is located on private property, the code enforcement officer shall further notify the owner of such property of violation of this section and order the removal of the drop box within ten days.
(G) All such orders shall include the removal of any trash, debris, rubbish, clothing, or any other items intended for and located on or around the drop box.
(H) The notice and order issued by the code enforcement officer shall be served on the owner of the drop box and, if located on private property, the owner of such property, and shall be posted on the drop box. Such notice and order shall be sufficient if:
(1) Served personally by the code enforcement officer on the owner of the drop box and, if appropriate, the owner of the property on which it is located; or
(2) Served by first class mail, postage prepaid mail at the address of such owner as shown on the drop box or the county records.
(I) In the event of the failure of the owner of a drop box, or the owner of private property on which such drop box is located, to comply with the notification and order of the code enforcement officer to remove the drop box as hereinabove provided, the code enforcement officer shall issue to such owner of the drop box and the property owner, if applicable, a notice of ordinance violation.
(J) The notice of ordinance violation issued by the code enforcement officer shall be filed with the Clerk of the Court of the city or the Clerk of any other court of the county. The notice of violation shall include:
(1) The ordinance number;
(2) The name and address of the owner of the drop box, the location of the drop box, and the owner of the property on which the drop box is located if on private property;
(3) The date of issuance of the notification and order to remove; and
(4) The date, time, and place set for the appearance of such person in the named Court.
(Ord. 10-2016, passed 1-3-2017) Penalty, see § 91.99