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§ 98.002 DEFINITIONS.
   "CONSUMER FIREWORK." A small firework that is designed primarily to produce visible effects by combustion, and that is required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 CFR § 1507, as it now exists and in hereafter amended, modified or superseded. The term also includes some small devices designed to produce an audible effect, such as whistling devices, ground devices containing 50 milligrams or less of explosive composition, and aerial devices containing 130 milligrams or less of explosive composition. Propelling or expelling charges consisting of a mixture of charcoal, sulfur, and potassium nitrate are not considered as designed to produce an audible effect.
      (1)   "Consumer Firework" includes:
         (a)   Aerial devices, which include sky rockets, missile type rockets, helicopter or aerial spinners, roman candles, mines, and shells;
         (b)   Ground audible devices, which include firecrackers, salutes, and chasers; and
         (c)   Firework devices containing combinations of the effects described in divisions (a) and (b) above.
      (2)   "Consumer Firework" does not include the following:
         (a)   Dipped sticks or wire sparklers for which the total pyrotechnic composition may not exceed 100 grams per item; and, devices containing chlorate or perchlorate salts may not exceed five grams per item;
         (b)   Cylindrical fountains;
         (c)   Cone fountains;
         (d)   Illuminating torches;
         (e)   Wheels;
         (f)   Ground spinners;
         (g)   Flitter sparklers;
         (h)   Snakes or glow worms;
         (i)   Smoke devices; and
         (j)   Trick noisemakers that include party poppers, booby traps, snappers trick matches, cigarette loads and auto burglar alarms.
   "GRAFFITI." Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property that was not expressly authorized by the property owner.
   "HABITUAL OFFENSE." Owner's receipt of a third notice of violation issued pursuant to § 98.03 within the current calendar year. The owner's receipt of each additional notice of violation within the current calendar year shall be a separate "Habitual Offense."
   "NATURALIZED LANDSCAPING." The utilization of native water conserving, drought tolerant plant material.
   "OWNER." The owner of record of the subject property, as indicated in the records of the Huntington County Auditor.
   "RANK VEGETATION." Plant life which grows excessively and unmanaged upon the land and has no, or limited, public value.
   "WEED." A plant that has no, or limited, public value, which tends to overgrow or choke out more desirable plants, and is often growing plentifully and detrimentally upon the land, including, but not limited to, ragweed, goldenrod, milkweed, Canadian thistle, dandelions, plantain and other broadleaf plants, buckthorn, poison ivy, poison sumac, and burdock.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 4-C-17, passed 4-11-17)
§ 98.003 INCORPORATION OF STATE LAW.
   It is the intent of this chapter that:
   (A)   Its prohibition of public nuisances, exclusive of the growth of weeds, grass or other rank vegetation, be adopted in accordance with and incorporate herein the requirements of I.C. 36-1-6 as it now exists and is hereafter amended, modified or superseded;
   (B)   Its regulation of the growth of weeds, grass or other rank vegetation be adopted in accordance with and incorporate herein the requirements of I.C. 36-7-10.1 as it now exists and is hereafter amended, modified or superseded;
   (C)   Its restrictions on the use of consumer fireworks be adopted in accordance with and incorporate herein the requirements of I.C. 22-11-14 as it now exists and is hereafter amended, modified or superseded; and
   (D)   Any conflict between this chapter and I.C. 36-1-6; 36-7-10.1; or 22-11-14 shall not invalidate the remaining non-conflicting sections of this chapter.
(Ord. 2-C-13, passed 2-26-13)
§ 98.01 CONDITIONS CONSTITUTING A PUBLIC NUISANCE.
   (A)   The following conditions shall constitute a public nuisance for the purpose of this chapter:
      (1)   Litter;
      (2)   Fallen trees, stumps, or dead trees;
      (3)   Boxes, appliances, furniture, household items, and tires;
      (4)   Demolition remains, broken concrete, or scrap metal;
      (5)   Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the city, including open foundations;
      (6)   Accumulated garbage and trash;
      (7)   Structure affixed with graffiti;
      (8)   Any real property which emits an unwholesome odor;
      (9)   Any waste water, filth, offal, garbage, rubbish, animal waste, or human excrement which is deposited, allowed, or caused to be upon any public or private property;
      (10)   Any water or other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage;
      (11)   Any slaughter and/or dressing of animals or any dead domestic or wild animal;
      (12)   The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect or pool upon any public property;
      (13)   Any real or personal property which is infected with contagious disease and is likely to cause a health hazard;
      (14)   The placement or accumulation, or permitting the placement or accumulation, on or within any real or personal property of any matter which attracts or may attract rodents, insects, or other animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
      (15)   Any real or personal property used as a place of human residence or habitation that is dangerous or detrimental to life or health due to the lack of or defects in water, drainage, heating, plumbing, or ventilation;
      (16)   Any dilapidated or condemned building, structure, or dwelling that constitutes a fire hazard liable to catch on fire or communicate fire to surrounding properties;
      (17)   Any condition including but not limited to smoke, dust, noxious odors, or noise that emits from a premises which creates inconvenience, annoyance, and/or discomfort that interferes with the comfortable enjoyment of the life and property of the surrounding inhabitants;
      (18)   The storage of explosive, combustible, or other flammable material which creates a safety, health or fire risk;
      (19)   Any obstruction to public ways or visual barriers for vehicular traffic including but not limited to trees, shrubbery, weeds, snow, or fences;
      (20)   Any vehicle which is visible from the right-of-way and does not have current license plates or is not covered with a fitted cover, and any boat, jet ski or other watercraft not on a trailer and covered with a fitted cover;
      (21)   Any junk automobiles, automobile parts, farm implements, or tractors;
      (22)   Except under a land management plan approved in accordance with § 98.21, any growth of weeds, grass or other rank vegetation which is either:
         (a)   Neglected, disregarded or not adequately managed or controlled, cut, mown, or removed; or
         (b)   Has attained a height of eight inches or more; or
         (c)   Is actually or imminently detrimental to the public health, safety, or welfare.
   (B)   In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and the statutes of Indiana as a public nuisance may, when found to exist within the city, be treated as such and be proceeded against as provided in this chapter and code, or in accordance with any other provisions of law. Whenever the word "Nuisance" is used in this chapter it refers to a public nuisance.
   (C)   Violation. No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the city, or agent thereof, shall permit or allow to remain on or within the property or upon public ways abutting the real property a public nuisance or any other condition which is detrimental to the public health, comfort, safety, or the aesthetic well-being of the community.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 4-C-17, passed 4-11-17)
§ 98.02 AUTHORITY OF CITY TO MAKE INSPECTIONS.
   It is made the duty of all officers and employees of the city to report the existence of a nuisance to the Police Department. For this purpose, the Building Commissioner, police officers, and fire officers, and other employees so designated by the Board of Public Works and Safety, shall be permitted to visit any lot, grounds, or premises within the limits of the city to ascertain and discover any nuisance and to make examination thereof.
(Ord. 2-C-13, passed 2-26-13)
§ 98.03 VIOLATIONS; NOTICE TO ABATE.
   Violations of § 98.01(C) shall be addressed as follows.
   (A)   Graffiti. Upon receiving a report or other notice of the existence of graffiti on private property in violation of the requirements of § 98.01(A)(7), the Police Department shall notify the owner and persons known to have a substantial interest in the property, in writing sent by certified mail, return receipt requested, together with a copy sent via first class mail, and demand that:
      (1)   The owner abate the graffiti within ten days of the date of such notice at the owner's sole expense; or
      (2)   The owner sign and return a waiver of liability to the Board within ten days of such notice permitting the city to abate the graffiti at no cost to the owner.
   (B)   (1)   Weeds and rank vegetation. When a violation of the requirements of § 98.01(A)(22) is found to exist, the Police Department shall serve written notice to abate upon owner at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, granting a minimum of five calendar days to abate the nuisance, by:
         (a)   Certified mail, return receipt requested, together with a copy sent via first class mail;
         (b)   First class mail; or
         (c)   Utilizing an equivalent service permitted under I.C. 1-1-7-1, to:
            1.   The owner of record of real property with a single owner; or
            2.   At least one of the owners of real property with multiple owners.
      (2)   That notice shall contain:
         (a)   The address and telephone number of the Police Department;
         (b)   The penalty for failure to abate the nuisance; and
         (c)   A conspicuous notification that if the weeds, grass or rank vegetation are not abated within five calendar days of that notice, the city may abate the nuisance and seek recovery of its costs.
   (C)   All other public nuisances. When any other public nuisance, as defined in § 98.01, excluding those public nuisances addressed in divisions (A) or (B) above, is found to exist, the Police Department shall notify the owner and persons known to have a substantial interest in the property by certified mail, return receipt requested, together with a copy sent via first class mail, to abate the public nuisance. The notice shall state the following:
      (1)   The nature of the nuisance;
      (2)   The penalty for failure to abate; and
      (3)   The period of time allowed to abate, which, pursuant to I.C. 36-1-6-2, shall not be less than ten days nor more than 60 days.
   (D)   Emergency exception. When a public nuisance is found to exist which consists of the following, then the notice requirements of § 98.03(C) need not be followed and the city may abate the nuisance immediately (§ 98.05) and issue a citation (§ 98.04):
      (1)   Solid waste which could spread if not removed; or
      (2)   Dangerous items which pose a harm to the public.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 3-C-13, passed 7-9-13)
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