CHAPTER 92: NUISANCES
Section
Removal and Control of Waste Materials
   92.01   [Reserved]
   92.02   Duty to abate public nuisance
   92.03   Removal; notice
   92.04   Failure to abate
   92.05   Civil penalties
   92.06   Billing procedure
   92.07   Appeal
   92.08   Lien
   92.09   Administrative liability
   92.10   Enforcement
Removal of Weeds and Rank Vegetation
   92.20   Weed or rank vegetation height
   92.21   Vegetation or permanent structures on easements and governmental property
   92.22   Noxious weeds or other rank vegetation
   92.23   Removal; notice
   92.24   Failure to abate
   92.25   Civil penalties
   92.26   Billing procedure
   92.27   Appeal
   92.28   Lien
   92.29   Administrative liability
   92.30   Enforcement
Cross-reference:
   Abatement of vacant and abandoned structures, see Ch. 154
REMOVAL AND CONTROL OF WASTE MATERIALS
§ 92.01 [RESERVED.]
§ 92.02 DUTY TO ABATE PUBLIC NUISANCE.
   (A)   It shall be the duty of all owners of private property within the corporate limits of the town to remove or cause to be abated any public nuisance as specified in division (B) of this section.
   (B)   Any private property abandoned, neglected, or disregarded so as to permit the same to become unclean, with an accumulation of litter or waste thereon including, but not solely limited to, waste paper, rags, cans, bottles, boxes, lumber, metal, garbage or disused or inoperable motor vehicles, trailers, or any other machinery, or appliances or furniture thereon, unless specifically authorized under existing laws and regulations, or to permit the same to become unsightly, unsanitary, obnoxious, or a fire hazard, or a blight to the vicinity or offensive to the senses of the users of any public way abutting such premises is hereby declared to be a public nuisance.
   (C)   Exceptions. Motor vehicles necessary in the course of business of an Indiana licensed motor vehicle dealer or auto repair shop are excepted from this section provided, however that no inoperable motor vehicle shall be on the premises of the dealer or shop more than 60 days in any 365-day period.
   (D)   Immediate abatement of emergency nuisances. When the Code Enforcement Officer and/or a representative designated by the Town Council finds that a condition existing on a property qualifies as an emergency or safety concern, the written notice to abate shall include a statement indicating such a finding and allowing a period of time of not less than 24 hours to abate the nuisance. The town may take immediate, reasonable measures to abate any emergency or safety concern nuisance if the responsible person cannot be contacted or refuses or fails to correct an emergency condition within the time ordered. For the purposes of this section, EMERGENCY OR SAFETY CONCERN shall be defined as follows: The presence of a condition, regardless of cause, which poses an immediate risk of injury or death if not promptly abated or remedied. This includes, but is not limited to, the presence of obstructions in rights-of-way, sidewalks, or streets; and other extremely hazardous conditions.
(Ord. 1996-4, passed 10-2-96; Am. Ord. 2002-2, passed 3-19-02; Am. Ord. 2005-01, passed 2-1-05; Am. Ord. 2006-01, passed 2-7-06; Am. Ord. 2023-03, passed 3-7-23)
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