§ 90.040  ABATEMENT OF PUBLIC NUISANCES.
   (A)   Inspection of premises. Whenever complaint is made to the President of the Town Council that a public nuisance exists or has existed within the town, the President shall promptly notify the Town Manager, or some other town official whom the President of the Town Council shall designate, who shall forthwith inspect or cause to be inspected the premises and shall make a written report of the findings to the President of the Town Council. Whenever practicable, the inspection officer shall cause photographs to be made of the premises and shall file the same in the office of the Town Clerk/Treasurer.
   (B)   Summary abatement.
      (1)   Notice to owner. If the inspection officer shall determine that a public nuisance exists on private property and that there is a great and immediate danger to the public health, safety, peace, morals or decency, the President of the Town Council may direct the Town Marshal or a Deputy Sheriff, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining the nuisance and to post a copy of the notice on the premises. The notice shall direct the owner, occupant or person causing, permitting or maintaining the nuisance to abate or remove the nuisance within 24 hours and shall state that unless the nuisance is so abated, the town will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
      (2)   Abatement by town. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Town Manager, or some other town official whom the President of the Town Council shall designate, shall cause the abatement or removal of the public nuisance.
      (3)   Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises, but that the nature of the nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he or she shall file a written report of his or her findings with the President of the Town Council, who shall cause an action to abate the nuisance to be commenced in the name of the town.
   (C)   Cost of abatement. In addition to any other penalty imposed by this chapter for the erection, contrivance, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the town shall be collected as a debt from the owner, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, the cost shall be assessed against the real estate as other special taxes.
(Ord. 7-11-05-1, passed 8-8-2005)
Statutory reference:
   Town Attorney authorized to bring action to abate or enjoin nuisance, see I.C. 32-30-7-7