(A) In addition to what is declared in this chapter to be a public nuisance, those offenses which are known to the common law and the statutes of Indiana as public nuisances may, when found to exist within the town limits, be treated as such and be proceeded against as provided in this chapter, or in accordance with any other provisions of law. Wherever the word NUISANCE is used in this chapter, it refers to a public nuisance.
(B) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the town, or any agent thereof, shall permit or allow to remain on or within the property or upon public ways abutting the real property any materials, trash, garbage, debris, or any other matter which is detrimental to public health, comfort, safety, or to the esthetic well-being of the community.
(C) The following conditions shall be considered to constitute public nuisances for the purpose of this section:
(1) Litter;
(2) Fallen tree stumps, dead trees, cut brush, fallen or cut limbs;
(3) Boxes, appliances, household items, and tires;
(4) Demolition remains;
(5) Open excavations uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the town;
(6) Accumulated garbage and trash;
(7) Automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping material and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated, or non-operable jet skies, snowmobile, motorcycles, bicycles, trailers, or mopeds, or abandoned and junked vehicles in violation of §§ 93.40 through 93.42;
(8) Structures defaced with paint or wording;
(9) Any portion of real property or any personal property which admits an unwholesome odor;
(10) Any wastewater, filth, offal, garbage, rubbish, animal waste or human excrement which is deposited, allowed, or caused to be upon any public or private property;
(11) Any water or any other substance which is caused or permitted to flow onto or to be deposited upon any public property or public way except natural surface water drainage;
(12) Any dead animal or animal parts;
(13) Erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect and/or pool upon any public property;
(14) Any real or personal property which is infected with contagious disease or likely to cause an immediate health hazard;
(15) The placing or accumulating on or within any real or personal property, or the permitting of the same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in a manner as to create a health hazard or unsanitary or dangerous condition;
(16) Any real or personal property used as a place of residence or habitation or for sleeping that is maintained in such a way to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation, or garbage and trash removal;
(17) The storage of any explosive, combustible, or other material which creates a safety or health hazard;
(18) Trees, shrubbery, weeds, snow, or other matter obstructing public ways or causing visual barriers which create vehicular traffic or pedestrian safety hazards;
(19) Trash or garbage containers left upon the sidewalk, the area between a street and a sidewalk, or the front or side yard, except as permitted by town trash and garbage collection purposes;
(20) Building materials stored on any lot in violation of any section of this chapter; and/or
(21) Any furniture not originally designed or manufactured solely for outdoor use; or any furniture which was originally designed or manufactured for outdoor use, which is now dilapidated or deteriorated.
(Ord. 1144, passed 8-9-2005) Penalty, see § 93.99