§ 95.46 PROPERTY OWNER RIGHT TO OBJECT TO COMPLAINT.

   (A)   Upon receipt of a notice to abate, the property owner or their duly authorized representative may notify the Code Enforcement Department of an intent to object to any notice to Abate.

   (B)   This correspondence shall be in writing and shall specify the street address involved, as well as the current mailing address and phone number of the property owner or their representative. Any such correspondence must be received by the Code Enforcement Department within the amount of time set out in the notice to abate.

   (C)   Upon receipt of such correspondence, the Code Enforcement Department shall provide copies of same to the City Attorney and to the officer involved in the violation, who shall cause the objection to be investigated. If the officer determines that the violation has not been corrected, he or she shall file the citation in the Marion City Court. No other action concerning the property in question shall be pursued against the owner to abate the environmental public nuisance until resolution of the objection thereto.

(Ord. 10-2005, passed 4-5-2005)

TRASH AND PUBLIC NUISANCES

§ 95.60 PURPOSE AND INTENT.

   It is hereby declared to be the purpose of this subchapter to protect the public safety, health, welfare, and enhance the environment of the people of the City of Marion by making it unlawful for any person to maintain, use, create, cause, place, deposit, leave or permit a nuisance to remain on any property and to promote the health and general welfare of the people of the city by prohibiting the throwing, casting or depositing or litter in or upon any private or public property within the city limits.

(Ord. 11-2005, passed 4-5-2005; Am. Ord. 14-2016, passed 8-16-2016)

Cross-reference:
   Feeding of ducks, geese and other waterfowl on riverwalk prohibited, see § 98.01

§ 95.61 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall have the following meanings. The word "shall" will be mandatory and not merely directory.

   AUTHORIZED EMPLOYEE. An individual designated to make the necessary inspections or any individual(s) of any governmental department of the City of Marion, Code Enforcement or any other person who has been designated by the Mayor to enforce this subchapter.

   CITY. The City of Marion.

   GOVERNMENTAL PROPERTY. Real estate within the city which is owned, leased, controlled or occupied by the United States, the State of Indiana, or any political subdivision thereof.

   OFFICER. An employee of the Code Enforcement Department or any other governmental department of the city, so designated by the Mayor having law enforcement powers to issue city ordinance violation summons in order to enforce the provisions of this subchapter.

   OWNER. Shall be presumed to be any one or more of the following:

      (1)   The owner or owners in fee simple of a parcel of real estate including a life tenant; or

      (2)   The record owner or owners as reflected by the most current records in the township

assessor's office of the township in which the real estate is located; or

      (3)   The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.

   PRIVATE PROPERTY. All real estate within the city except governmental property.

   PUBLIC NUISANCE. Whatever is injurious to health, or indecent, or 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. The following is a list of public nuisances, but does not limit, the condition constituting a nuisance under this subchapter:

      (1)   Accumulations of rubbish, trash, refuse, junk and other abandoned materials, metals, tires, and lumber;

      (2)   Any condition which provides harborage of rats, mice, snakes, insects, 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 amount of time after death;

      (5)   Buildings, structures of other places and locations where any violation of federal, state or city law is conducted, maintained or performed;

      (6)   Accumulations of stagnant water;

      (7)   It shall be a nuisance for any person to leave or permit to remain outside of any dwelling, building or other structure or within any unoccupied or abandoned building, dwelling or other structure under their control, in a place accessible to children, any abandoned, unattended or discarded freezer, refrigerator or other container;

      (8)   Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of the people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;

      (9)   The unauthorized obstruction of any public street, road, alley, sidewalk, or any other public thoroughfare or right-of-way;

      (10)   The unauthorized pollution of any public well, cistern, stream, lake, canal or body of water by sewage, dead animals, industrial waste or other substances;

      (11)   It shall be a nuisance to permit furniture designed for interior use or household furnishing to sit or be placed outside any structure, unless placed for refuse collections.

(Ord. 11-2005, passed 4-5-2005; Am. Ord. 14-2016, passed 8-16-2016)

§ 95.62 APPLICATION.

   (A)   Each department or agency of the United States, the State of Indiana, or any political subdivision thereof, shall be required to keep governmental property free from public nuisances.

   (B)   Any owner of private property shall be required to keep that private property free from public nuisances.

(Ord. 11-2005, passed 4-5-2005; Am. Ord. 14-2016, passed 8-16-2016)