(A) “PROPERTY OWNER.” The holder of legal title over property.
(B) All property owners within the corporate limits, as may be modified from time to time by annexation or city ordinance, shall be required to remove or abate, and are financially responsible for, nuisances as defined.
(Ord. 2017-5, passed 7-5-17)
(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
(A) A city official shall be designated by the Board of Public Works and Safety for the purpose of enforcing this chapter.
(B) Said official shall enter upon and inspect properties in the city, and if real estate is found whereon such public nuisance(s) exist, the designated official shall serve notice in writing by first class mail, or equivalent service permitted under IC 1-1-7-1, on the owner of such real estate, as indicated from county records, requiring the owner to remove or abate such nuisance within five calendar days of the date of such nuisance ordinance notice. This does not require the city to take any additional actions to locate the owner of the property.
(C) Additionally, in accordance with IC 1-1-7-1(d), if an initial notice of the violation of this chapter was provided by first class mail or equivalent service, a continuous abatement notice may be posted at the property at the time of abatement instead of by first class mail or equivalent service. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same calendar year for which the initial notice of the violation was provided maybe abated by the municipality or its contractor. If the owner’s address is unknown, posting of such notice shall be in a prominent place on the property where the nuisance is found. Service shall be deemed to have been made as of the date of posting on such mailing or posting on such property.
(Ord. 2017-5, passed 7-5-17)
If the landowner fails to cut and remove the weeds and/or rank vegetation or abate a nuisance within the time prescribed in the notice, or any extension of that time granted by the Board of Public Works and Safety or assigned designee, a designated city official or contractor, as determined and chosen by the designated city official, may enter upon such real estate to remove and abate such nuisance.
(Ord. 2017-5, passed 7-5-17)
(A) The designated department or contractor, after having ordered or performed such work, shall certify the actual cost of performing the same by first class mail to the property owner. If the owner fails or refuses to pay such charges within 20 calendar days from date of first class mailing, the city shall certify such charges to the County Auditor, the amount to be taxed against such real estate and collected as other taxes are collected. The liability for the expense of removing or abating such nuisance shall be in addition to any mailing expenditure(s), penalty, and additional fees that may be imposed for violation of this action. The auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected, and shall be disbursed to the city general fund.
(B) If the owner of real property fails to pay a bill issued under this chapter, the city may bring an action in an appropriate court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney’s fees. If the city obtains a judgment, the municipality or county may obtain a lien in the amount of the judgment on any real or personal property of the owner.
(Ord. 2017-5, passed 7-5-17)
Statutory reference:
Failure of real property owner to pay bill; methods of collection, see IC 36-7-10.1-4
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