(A) Nuisance. Because of the danger of health by vermin and insects and because of the danger of the safety of children attracted by junk and junk cars, these items are declared to be nuisances, except in lawfully operated junk yards or in enclosed buildings.
(B) Storage prohibited. It shall be unlawful for any person to store or to allow to remain in the open upon public or private property within the city, any disassembled and/or non-operative and unlicensed or junked, wrecked or abandoned motor vehicle for a period of five days or more on public property or a period of 15 days or more on private property unless it is in connection with an automobile sale or repair business or junk yard that is in zoning compliance. Further, it shall be unlawful for junk to be stored or allowed to remain in the open upon public or private property within the city.
(C) Enforcement.
(1) If such junk or junk vehicle is not removed within five days from public property or 15 days from private property after such notice, the Police Department, Board of Public Works and Safety, Code Enforcer, or any of their designees, shall issue a written order of violation of this section and the violating party shall be subject to civil penalties and enforcement shall be by the Department of Law and appropriate action by the City Court. The form of all notices shall be issued pursuant to the provisions of I.C. 9-22-1-11. Any person who is judged to have violated the provisions of this article is subject to a fine of up to $150 in addition to towing, hauling, removal and storage charges. All provisions and respective civil penalties are designed for enforcement through the City Court. Each day that the violation occurs shall be considered an additional violation.
(2) Any violation notice issued pursuant to this section may be appealed to the City Court if written notice of appeal is served by the landowner to the City Clerk-Treasurer. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the City Court.
(Ord. 2016-1709, passed 2-1-2016; Ord. 2017-1744, passed 5-15-2017)