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For the purpose of carrying the provisions of this subchapter into effect, it is the duty of all officers and employees of the town to report the existence of nuisances to the Town Council, and for this purpose the Town Manager, Building Inspector, the Police Department and the Fire Department or other employees designated by the Town Council shall be permitted to visit or enter into or on any building, lot, grounds or premises within the town to ascertain and discover the existence of any such nuisances and to make examination thereof.
(1991 Draft Code, § 6-59) (Ord. 4-83, passed 7-25-1983)
Statutory reference:
Enforcement of building standards, see I.C. 36-7-9-1 et seq.
The following conditions within the town as declared to be nuisances:
(A) Dangerous trees, or stacks. Any tree, stack or other object adjoining a street or standing on premises in a condition that shall, if allowed to continue, endanger the life, limb or property, or cause hurt, damage or injury to persons or property adjacent thereto;
(B) Buildings. Any building if any of the following conditions obtain:
(1) Such building has been damaged by fire or other casualty to such extent that, following such fire or other casualty, it ceased to be occupied and such building has remained unoccupied for a period of two years from the date of said fire or other casualty;
(2) Such building has been unoccupied for a period of three years; and
(3) However, no such building or premises shall be considered a nuisance if the owner has obtained the necessary permits for the repair of any existing structure which has been unoccupied because of damage, for the demolition of any existing building its replacement with a new building, or for the construction of a building on any vacation premises.
(C) Accumulation of rubbish. An accumulation on any premises of filth, refuse, trash, garbage or other waste material which endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects, or its blowing into any street, sidewalk or property of another. It shall be the duty of persons owning or being in charge of those business establishments whose patrons purchase goods or services from their automobiles, commonly known as “drive-ins”, to furnish sufficient covered receptacles for the deposit of wastes created in the operation of such business, and to clean up such wastes as are not deposited in receptacles at the close of business of each day (or if such business operates continuously, at least once each day), and at such other times when weather conditions are such that waste from the operation of such business is being blown to adjoining premises;
(D) Noxious odors or smoke. Odors, smoke, dust or other matter emitted from premises into the surrounding atmosphere and which render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible;
(E) Noxious noise. Sound emitted from premises which destroys the enjoyment of dwelling houses or other uses of property in the vicinity by interference with the ordinary comforts of human existence;
(F) Unsafe storage. The storage of explosives or combustible material which will create a safety hazard to other property or persons in the vicinity;
(G) Open wells. The maintenance of any open, uncovered or insecurely covered cistern, cellar, well, pit, excavation or vault situated on private premises in any open or unfenced lot or place;
(H) Trees and shrubbery, obstructing. The growing and maintenance of trees with less than 14 feet clearance over streets, or less than eight feet over sidewalks, or the growing and maintenance of shrubbery in excess of three feet in height within the radius of 20 feet from the point where the curb line of any street intersects the curb line of another street. No shrub shall be planted between the curb line and the property line of any street within a radius of 20 feet from the point where the curb line of any street intersects with the curb line of another street; and
(I) Junk, scrap metal and motor vehicles. The storage within public view of motor vehicles in an inoperative conditions, motor vehicles unfit for further use, automobile parts or scrap metal within the town limits:
(1) Motor vehicle in an inoperative condition. Any style or type of motor-driven vehicle used or useful for the conveyance of persons or property which is unable to move under its own power due to defective or missing parts, and which has remained in such condition for a period of not less than ten consecutive days;
(2) Motor vehicles unfit for further use. Any style or type of motor-driven vehicle used for the conveyance of persons or property which is in a dangerous condition, has defective or missing parts, or is in such a condition generally as to be unfit for further use as a conveyance;
(3) Automobile parts. Any portion or parts of any motor-driven vehicle as detached from the vehicle as a whole; and
(4) Scrap metal. Pieces or parts of steel, iron, tin, zinc, copper, aluminum or any alloy thereof, whether covered with porcelain or any other material, whether intact or in parts, which has served its usefulness in its original form and can no longer be used for its original intended purposes.
(1991 Draft Code, § 6-60) (Ord. 4-83, passed 7-25-1983) Penalty, see § 92.99
Statutory reference:
Abandoned vehicles, see I.C. 9-22-1 et seq.
(A) In the event any building or premises shall become a nuisance as herein provided, the Town Council shall notify the owner of such real estate of the existence of a nuisance on the real estate, and shall further notify the owner that the owner must take steps to abate the nuisance within 30 days from the date of receipt of the notice, and that, if the owner fails to do so, said Town Board shall itself abate the nuisance within 30 days from the date of receipt of the notice and hold a lien against the real estate for the cost involved.
(B) Such notice shall be sent by certified mail, return receipt requested, to the address appearing on the tax duplicates for said real estate. In the event the owner is not at said address and the postal authorities are not appraised of a new address, the Town Council shall take reasonable measures to give notice to the owner.
(1991 Draft Code, § 6-61) (Ord. 4-83, passed 7-25-1983)
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