(A) Disposal of trash, grass, weeds and abandoned vehicles.
(1) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE A vehicle that:
1. Has remained on private real property without the consent of the owner for more than 48 hours;
2. Is at least three years old, is mechanically inoperable and is left on private property continuously in a location visible from public property for more than 20 days;
3. A vehicle which does not have a current year’s license plate and registration from the state will be considered not to be operational;
4. This division (A) exempts any vehicle defined as a classic vehicle by the State Bureau of Motor Vehicle. Exemption will apply to no more than six vehicles and vehicles must be covered if outside of a covered structure while being physically repaired;
5. This division (A) exempts any vehicle located on an automobile for sales lot which has posted its federal identification number and state sales and use tax certificate; and
6. Said term ABANDONED VEHICLE shall further have the meanings set forth in I.C. 9-13-2-1.
PERSON. Any natural person, firm, corporation, company, entity or any association of the preceding, who own, lease, use or reside on real estate, whether used for residential or commercial purposes, located within the town.
(2) Regulations.
(a) No person shall store, or permit to be stored, on any real estate within the town any used building materials, rubbish, garbage, waste, trash or any other materials that are not fit for any reasonable purpose, including, but not limited to, abandoned vehicles.
(b) No person shall permit any grass, weeds or other vegetation to grow on real property to a height greater than 12 inches above the ground.
(c) No person shall permit any tree, shrub, bush, hedge or other foliage or vegetation, on any real property within the corporate limits of the town, to encroach upon, or interfere with the use of, any public sidewalk, street, road or right-of-way.
(d) No person shall allow any tree, shrub, bush, hedge or other foliage or vegetation, on any real property, to grow to the extent that it obstructs the view on any public roadway, street or right-of-way within the corporate limits of the town.
(3) Enforcement. Enforcement of this division (A) shall be pursuant to I.C. 36-1-6-3 or I.C. 36-1-6-4 or a successor statute if said statute is repealed.
(B) Mowing.
(1) After complaint is received or it is determined by a Town Council member that real estate is in violation of this division (B), the Town Marshal or Marshal Department member, under the direction of the Marshal, shall issue a citation requiring said real estate to be brought into compliance with division (A)(2)(b) within ten days.
(2) Citation from the Town Marshal’s Department shall be the only notice given to the real property owner. Citation issued shall be written to real property location or address in care of person or persons if known receiving citation and all parties with ownership interest in the real property if known. If ownership of real property cannot be determined, the address of the real property shall be sent by certified mail and the citation and this division (B) shall be posted on the real property. In the situation of a vacant lot, if ownership cannot be determined, the citation and ordinance shall be posted on the door of the Town Hall.
(3) After ten days, if real property has not been brought into compliance with division (A)(2)(b) above, the Town Council committee chair of property clean-up, under the direction of the Town Council President, or his or her designee, shall cause the real property to be brought into compliance.
(Ord. 2010-T-046, passed 8-16-2010; Ord. 2011-TO-035, passed 6-13-2011; Ord. 2011-MO-042, passed 7-18-2011) Penalty, see § 92.99