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)