(A) For the purposes of this chapter, the word
NUISANCE shall be defined as set forth in I.C. 34-30-6-6, as amended.
(B) If any person maintains, uses, creates, causes, places, deposits, leaves or permits a nuisance to be or remain on any property, that person violates this section. The following list includes, but does not limit, the conditions constituting a nuisance under this section:
(1) Accumulations of rubbish, trash, refuse, junk and other abandoned materials, metals and lumber;
(2) Harborage of rats, mice, snakes and other vermin;
(3) Disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of those odors and stenches;
(4) Carcasses of animals or fowls, not disposed of within a reasonable time after death;
(5) Buildings, structures or other places and locations where any violation of federal, state or city law is conducted, maintained or performed; and
(6) Accumulations of stagnant water.
(C) If a nuisance exists within the city or its territorial jurisdiction, the City Legal Department shall send a written notice by U.S. mail, first class, postage prepaid or by any other method designated by the City Legal Department to the owner or occupant of the property upon which that nuisance exists or to the person causing or maintaining the nuisance. The written notice shall be sent at least ten days before an action is commenced against the person to whom the notice was sent, unless the City Legal Department determines that an emergency requires that an action proceed without this notice.
(D) The written notice shall read substantially as follows:
To: [Name]
[Address]
[Telephone number]
[Address]
[Telephone number]
From: CITY LEGAL DEPARTMENT
[Address]
[Telephone number]
[Address]
[Telephone number]
The following condition(s):
was/were seen on [insert date] at [insert street address]. This property will be checked again ten days after this notice is mailed or posted. If this condition has not been corrected, the city may take additional action to enforce its ordinances, including § 95.01, which prohibits nuisances.
If you have any questions, please contact: [insert address and telephone number of]
CITY LEGAL DEPARTMENT
(E) Any person who violates any provision of this section shall be deemed to have committed an ordinance violation and, upon conviction, shall be fined as determined in § 10.99. Each day a violation continues after an action has been commenced to abate that nuisance shall constitute a separate ordinance violation. No additional notice under this section shall be required to initiate these separate actions once an action has been commenced against the person violating this section.
(F) In addition to acting under division (E) of this section, the City Legal Department may file suit in the name of the city against any person violating any provision of this section to obtain injunctive relief to abate that nuisance.
(G) The provisions of this section shall be deemed supplemental to all other city code sections and city ordinances.
(1985 Code, § 34-1-52-1) (Ord. 60, passed 7-20-1875; Am. Ord. passed 7-30-1889; Am. Ord. passed 8-18-1896; Am. Ord. 32-1978, passed 12-20-1978)
Statutory reference:
Nuisance defined, see I.C. 34-1-52-1