(A) All owners of real estate in the city shall be under a duty to remove or cause to be abated any public nuisance as defined herein. This duty shall also extend to the parkway or other strip of ground lying between private property and the curb or paved portion of the street.
(B) The following conditions are hereby declared public nuisances:
(1) Whenever weed or rank vegetation are on urban property and are not cut, mowed or otherwise eliminated. “EXCESSIVE” shall mean growth to a height of 12 inches or more. “RANK VEGETATION” is the uncontrolled, uncultivated growth of annuals and perennial plants. Weeds do not include shrubs, trees, cultivated plants or crops. The Indiana Cooperative Extension Service shall be the referenced technical authority for the city executives with respect to the definition of exempt matters, shrubs or trees. This shall also include rank vegetation that is foul smelling (offensive odor).
(2) Whenever any vegetation exists on private property in close proximity to any municipal property or governmental right-of- way or easement that, because of its location, size or condition, interferes with the public safety or lawful use of such property, right-of-way or easement.
(3) Whenever any tree, shrub, vine or plant may be standing adjacent to any public street, so as to obstruct thereby the vision of travelers along such street.
(4) Whenever any dead, decayed, broken or dangerous limbs overhang or are within ten inches of a public way.
(5) Whenever any tree or other vegetation may overhang the surface of a public way below a clear height of at least eight feet so as to interfere with the passage of light from the street lighting system.
(6) Whenever a building or premises is not maintained in a clean, orderly or sanitary manner in compliance with any federal, state or local law or regulation.
(7) Whenever any exterior property area is not maintained in a clear and sanitary condition, free from any accumulation of rubbish, garbage or animal carcasses
(8) Whenever any building or accessory structure is structurally unsound or otherwise unsafe and dangerous to life, limb or property.
(9) Whenever premises shall not be graded and maintained so as to prevent the accumulation of stagnant water thereon, or within any building or structure located thereon.
(10) Whenever buildings shall not be kept free from insect and rodent infestation. Where insects and/or rodents are found, they shall be promptly exterminated by acceptable processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent reinfestation.
(11) Whenever any property is abandoned, neglected, or disregarded so as to permit the same to be cluttered with an accumulation of litter or waste, including, but not limited to, waste paper, rags, cans, bottles, boxes, lumber, metal, garbage, trash, disused or inoperable vehicles, trailers, machinery, appliances, or furniture thereon, unless specifically authorized by law.
(a) Junk may include scrap metal, any worn-out, cast-off, or discarded article or material that is ready for destruction or has been collected or stored for salvage or conversion to some other use.
(b) Junk also includes any unwholesome or combustible substance or material that creates an obnoxious condition and is injurious to the health or general welfare of the citizens of this city, including, but not limited to, inoperative appliances; portions of junk cars, including, but not limited to, hoods, fenders, radiators, rims, motor parts not being utilized for the repair of a motor vehicle.
(c) Junk also includes any storage of motor vehicles in an inoperative condition, motor vehicles unfit for further use, within the city limits except on premises authorized by the city for such purposes.
(d) Anything that is or may create a fire hazard shall also be considered junk.
(12) Keeping or maintaining any animal (or animals) that creates unsanitary conditions or offensive and objectionable odors in enclosures or surroundings and thereby creates unreasonable disturbance or discomfort to neighbors in close proximity to the premises where the animal is kept.
(Ord. 2017-5, passed 7-5-17) Penalty, see § 96.99