For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"CHRONIC NUISANCE PROPERTY." A property which meets the following criteria:
(1) Any commercial property that requires more than three law enforcement runs in a 30 day period to respond to a report of theft for a value less than §$50;
(2) Any commercial, residential or residential rental property that receives three ordinance citations or verified complaints of nuisance activity in any 30 day period; or
(3) Any apartment complex that receives five ordinance citations or verified complaints of nuisance activity in any 30 day period.
"ENFORCEMENT AUTHORITY." The City of Kokomo’s Division of Building and Code Services.
"LITTER." Includes any man-made or man-used waste, which, if deposited within the city otherwise than in a litter receptacle, tends to create a danger to public health, safety, and welfare or tends to impair the environment or aesthetic well-being of the community. “LITTER” shall include, but not be limited to, garbage, trash, refuse, debris, grass clippings or other lawn or garden waste, paper products, glass, metal, plastic or paper containers, motor vehicle parts, furniture, appliances, carcasses of dead animals, or other waste material of an unsightly, unsanitary, nauseous or offensive nature.
"NUISANCE." Defined as set out in IC 32-30-6-6, to-wit: whatever is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.
"OF RECORD." Recorded in the records of the recorder of Howard County, Indiana, or in the records of the auditor of Howard County, Indiana.
"PERSON." A human being, a firm, labor organization, partnerships, associations, corporations, limited liability companies, legal representatives, trustees, trustees in bankruptcy, or receivers.
"PRIVATE PREMISES." All property, including, but not limited to, vacant land or any land upon which is located one or more buildings or other structures designated or used for residential, commercial, business, industrial, institutional, or religious purposes, together with any yards, grounds, walks, driveways, fences, porches, or other structures or improvements appurtenant to the land, except any public place.
"PROHIBITED CONDUCT." Conduct or activities occurring in violation of statutes or ordinances relating to any of the following:
(1) Use of sale of illegal drugs or controlled substances, as defined in I.C. 35-48;
(2) Prostitution, patronizing a prostitute, or promoting prostitution, as defined in I.C. 35-45-4;
(3) Gambling, as defined in I.C. 35-45-5-1;
(4) Battery, as defined in I.C. 35-42-2-1;
(5) Contributing to the delinquency of a minor, as defined in I.C. 35-46-1-8;
(6) Resisting law enforcement, as defined in I.C. 35-44-3-3;
(7) Disorderly conduct, as defined in I.C. 35-45-1-3;
(8) Criminal recklessness, as defined in I.C. 35-42-2-2;
(9) Unnecessary noises, as prohibited by Chapter 132 of the code of ordinances;
(10) Failure to keep vacant property secured against entry, in violation of Chapter 150 of the code, or I.C. 36-7-9 (Unsafe Building Law) or any other fire or property maintenance codes constitutes prohibited conduct regardless of whether the city has issued a citation for the violation, issued an order to secure, or taken action to abate the condition.
“PROPERTY DESIGNATIONS.” Shall be defined as follows:
(1) "APARTMENT COMPLEX." Real property consisting of at least five units that are regularly used to rent or otherwise furnish residential accommodations for periods of at least 30 days.
(2) "COMMERCIAL PROPERTY." A business engaging in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services, or the maintenance or operation of offices, recreational, or amusement enterprises.
(3) "RESIDENTIAL PROPERTY." A dwelling used exclusively for residential occupancy, including single-family units and two-family dwelling units.
(4) "RESIDENTIAL RENTAL PROPERTY." Real property consisting of not more than four units that are regularly used to rent or otherwise furnish residential accommodations for periods of at least 30 days.
Not included within this definition would be a public entity as defined as follows: (a) any state or local government; (b) any department, agency, special purpose district, or other instrumentality of a state or states or local government; and (c) the National Railroad Passenger Corporation, and any commuter authority.
"PUBLIC PLACE." Any and all streets, curbs, gutters, sidewalks, alleys or other public ways, any and all public parks, lakes, spaces, publicly owned rights-of-way, grounds, or buildings within the corporate limits of the city, or owned by the city.
"SUBSTANTIAL PROPERTY INTEREST." Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
"VERIFIED COMPLAINT." A law enforcement documented call for service that an incident took place at a specific property address requiring sworn law enforcement personnel to be dispatched or caused to respond. The term does not include incidents involving an occupant of the premises who is the victim of the crime, or any ambulance or medical service response.
(Ord. 6019, passed 12-17-96; Am. Ord. 6073, passed 12-8-97; Am. Ord. 6595, passed 10-26-09; Am. Ord. 6825, passed 4-25-16)