(A) Pests. Permitting buildings or premises to become infested by insects, rodents or other pests is prohibited, and constitutes a public nuisance. Any such building or premises shall be promptly exterminated by acceptable processes which will not be injurious to human health. After extermination, proper precautions shall be taken to prevent infestation.
(B) Environmental public nuisances and public health nuisances. Permitting or causing an environmental public nuisance or a public health nuisance, as defined herein, on public or private property, is prohibited and constitutes a public nuisance.
(C) Junk.
(1) The following activities or conditions constitute a public nuisance and are prohibited:
(a) Dumping, placing or depositing garbage, debris or refuse, including, but not limited to construction material or structural debris, rock, earth or sod, grass clippings, shrub clippings, leaves, vines, small trees, brush, limbs, tires, animal carcasses or parts thereof, appliances, or hazardous waste, upon or along public or private roads and highways, or within any public rights-of-way within the town, including that part of the right-of-way covered in grass or not covered with a surface for travel;
(b) Allowing the outside storage, whether covered, tarped or uncovered, of machinery and equipment, and the accumulation of trash, junk or refuse, on any residential, commercial or industrial property under a person's control, except as may be placed inside a structure or in properly controlled containers or enclosures to be picked up by a regular trash collection service; and
(c) Dumping, placing or storing, whether covered, tarped or uncovered, machinery, equipment, junk or refuse including, but not limited to, construction material or structural debris, tires, animal carcasses or parts thereof, appliances, furniture not constructed for outdoor use, floor coverings, plumbing fixtures or components, or hazardous waste, on any residential, commercial or industrial property under a person's control in a zoning district which does not permit such dumping, placing or storing of such items, or without the necessary permit, if such dumping, placing or storing of such items is allowed.
(D) Weeds and rank vegetation; tall grass. It shall be unlawful for any property owner, whether residential, commercial or industrial, to permit weeds and rank vegetation, including grasses, and excluding bushes, planted trees, flowers, ornamental plants or garden plants, to grow to a height of more than six inches within the town boundaries. Any such weeds and rank vegetation or grass shall be considered a nuisance.
(E) Obstruction of rights-of-way.
(1) It shall be unlawful for any resident or non-resident persons or businesses to blow, sweep, place or deposit any garbage, debris or refuse, including, but not limited to construction material or such debris, rock, earth or sod, grass clippings, shrub clippings, leaves, vines, small trees, brush, limbs, burn barrels, tires, animal carcasses or parts thereof, appliances, and hazardous waste, whether generated by household or business; in the street or public right-of-way, in and around the town.
(2) The Town Council may, as it deems necessary, allow for exceptions to division (A) of this section, to enable the collection of leaves, lawn or shrub clippings, vegetation, earth or sod, or other debris as needed and for the limited time frames specified by the Town Council. This section shall not be intended to prevent persons from placing trash receptacles or large items of debris on the public right-of-way for trash collection by private contractors, except that such trash, debris, or other materials, shall not be placed in the roadway or upon the public sidewalks and shall be placed out a reasonable time before the scheduled pickup and any remaining items, promptly removed after the scheduled pick-up.
(F) Burning.
(1) Open fires, also called outdoor fires, are prohibited within the town except as specifically permitted by this section.
(2) A person may open burn as follows:
(a) On residentially-zoned real estate, when contained in a fire pit with a metal or gravel bottom, or similar structure no more than five feet in diameter, or within a non-combustible container with a screen cover, in which only clean (uncoated or unpainted) wood or wood products are burned.
(b) For maintenance purposes a person may open burn vegetation from a farm, orchard, nursery, tree farm, or a drainage ditch, as permitted by Indiana law.
(c) The Town Street Department may burn vegetation and wood products derived from pruning or clearing a roadside.
(d) For recreational, social, or religious purposes, a person may open burn for cooking, celebration, religious or social ceremonies, or personal comfort, provided that such fires comply with the following:
1. Only clean wood products, paper, charcoal, or clean petroleum products may be burned;
2. The nearest local fire department must be notified at least 24 hours prior to any burning where the size of the pile being burned is more than 125 cubic feet;
3. Fires shall not be ignited prior to two hours before the activity or meeting is to take place and shall be extinguished upon the conclusion of the activity or meeting; and
4. No fire shall be used for refuse disposal purposes.
(e) For special circumstances approved by the Town Council, including but not limited to:
1. Environmentally prescribed burning;
2. Burning of vegetation by fire departments and firefighters to create fire breaks or for training;
3. When a variance from 326 I AC 4-1 has been approved by the state's Department of Environmental Management; and
4. Emergency burning following natural disasters.
(f) Any open burning is subject to the following conditions:
1. A person who open burns shall extinguish the fire if the fire creates:
a. A pollution problem;
b. A threat to public health;
c. A nuisance; or
d. A fire hazard.
2. Burning may not be done during unfavorable meteorological conditions such as high winds, temperature inversions or air stagnations.
3. All fires must be attended at all times during burning until completely extinguished.
4. No non-wood building materials, including asbestos, may be burned.
5. Burning may not be commenced before sunrise or added to after sunset, and must be extinguished by one hour after sunset.
6. Burning shall be more than 20 feet from any structure owned by the person performing the burn, a road, or a power line; and 100 feet from any fuel storage area, pipeline, or structure not owned by the person.
(3) The following burning is prohibited:
(a) Burning of any material is prohibited on any real estate zoned other than residential or agricultural.
(b) Burning of any substance other than those permitted in this section is prohibited.
(c) Burning that causes annoyance or creates a condition which interferes with the health or well-being of any individual in his or her home or place of employment or recreation, or which interferes with the normal use and enjoyment of any such place.
(d) Burning of leaves that have fallen from trees or shrubs, non-woody plant matter, weeds, grass clippings, or other material that can be composted is prohibited.
(4) In addition to any penalty imposed in § 10.99, the offender shall be responsible for all costs of abatement and the recording and administrative fees as set forth above, and for any legal costs incurred by the town to collect any such abatement costs, administrative fees, or penalties.
(G) Unsafe buildings and unsafe premises.
(1) The Town Council adopts and incorporates by reference the provisions of I.C. 36-7-9 et seq., as that law may be amended from time to time (hereinafter, "the Indiana Unsafe Building Law"), as the Town of Otterbein's Unsafe Building Law. All proceedings within the Town of Otterbein for the inspection, repair and removal of unsafe buildings, structures and premises shall be governed by said law and the provisions of this section. In the event that the provisions of this section conflict with the provisions of the Indiana Unsafe Building Law, the provisions of that law shall control.
(2) Under the Town of Otterbein's Unsafe Building Law, the following entities are identified and designated:
(a) The "Department" described in I.C. 36-7-9-3, as that section may be amended from time to time, shall mean the Town Council.
(b) The "Enforcement Authority" shall mean the Town Building Inspector, who is designated as the Town Unsafe Building Inspector for purposes of enforcing this section as it pertains to real estate within the town boundaries. Further, the Unsafe Building Inspector is authorized to administer and to proceed under the provisions of the Indiana Unsafe Building Law in ordering actions relating to unsafe buildings and unsafe premises, in the designated territories, as those terms are described in I.C. 36-7-9-4, as that section may be amended from time to time.
(c) The "Hearing Authority" shall mean the Town Council.
(3) The Town Council specifically adopts by reference the definition of "substantial property interest" as that definition is defined at I.C. 36-7-9-2, as that section may be amended from time to time.
(Ord. 2020-0716, passed 7-16-2020; Ord. 2021-0304B, passed 3-29-2021) Penalty, see § 10.99