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(A) It shall be the duty of any person owning or controlling any private premises to maintain such private premises in a clean and orderly manner.
(B) It shall be the duty of any person owning or controlling any public place to keep the premises clean of all junk, trash, garbage and debris and to take measures, including daily cleanup of the premises, to prevent the accumulation of the above listed materials or movement by the elements to adjoining properties.
(C) It shall be the duty of the owner and contractor in charge of any construction site shall maintain the construction site in such manner as to avoid the accumulation of junk trash, garbage and debris and no junk trash, garbage and debris shall be allowed to be carried by the elements to adjoining properties. All junk, trash, garbage and debris from construction or related activities shall be picked up at the end of each work day and placed in a container for regular removal.
(Ord. 2016-2, passed - -2016) Penalty, see § 92.99
(A) The following conditions shall constitute a public nuisance for the purpose of this chapter because of the danger to health by providing places for vermin and insects to harbor, the fire hazard danger caused by the accumulation of discarded materials, and the risk caused by the attraction of children to it:
(1) Garbage;
(2) Junk;
(3) Trash;
(4) Debris;
(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, including open foundations freely accessible from any public street, alley or sidewalks;
(6) Storage of construction materials that are:
(a) Not in good useable condition;
(b) Not kept in an orderly fashion;
(c) Not actively being used in a construction process on the parcel where the materials are located; or
(d) In all circumstances, kept for a period exceeding 18 months.
(7) Structure affixed with graffiti;
(8) Any waste water, filth, offal, rubbish, animal waste or human excrement which emits an unwholesome odor and is deposited, allowed or caused to be upon real property;
(9) Fallen trees, stumps or dead trees;
(10) Any water or other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage;
(11) Any dead domestic or wild animal;
(12) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect or pool upon any public property;
(13) Any real or personal property which is infected with contagious disease and is likely to cause a health hazard;
(14) The placement or accumulation, or permitting the placement or accumulation, on or within any real or personal property of any matter which attracts or may attract rodents, insects or other animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
(15) Any real or personal property used as a place of human residence or habitation that is dangerous or detrimental to life or health due to the lack of or defects in water, drainage, heating, plumbing or ventilation;
(16) Any dilapidated or condemned building, structure or dwelling that constitutes a fire hazard liable to catch on fire or communicate fire to surrounding properties;
(17) Any condition including, but not limited to, smoke, dust, noxious odors or noise that emits from a premises which creates inconvenience, annoyance or discomfort that interferes with the comfortable enjoyment of the life and property of the surrounding inhabitants;
(18) The storage of explosive, combustible or other flammable material which creates a safety, health or fire risk;
(19) Any obstruction to public ways or visual barriers for vehicular traffic including, but not limited to trees, shrubbery, weeds, snow or fences;
(20) Any slaughter or dressing of animals;
(21) Any junk automobiles, automobile parts detached from the vehicle as a whole, tires, broken concrete or scrap metal; and/or
(22) Except upon application to the Countywide Department of Community Development for a land management plan approved in advance by the Plan Commission, any growth of weeds, grass or other rank vegetation which is either:
(a) Neglected, disregarded or not adequately managed or controlled, cut, mown or removed;
(b) Has attained a height of eight inches or more; or
(c) Is actually or imminently detrimental to the public health, safety or welfare.
(B) 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 the state as a public nuisance may, when found to exist within the town, be treated as such and be proceeded against as provided in this chapter and code, or in accordance with any other provisions of law. Whenever the word “nuisance” is used in this chapter, it refers to a public nuisance.
(C) No owner, occupant, tenant or any other person having a substantial interest in any real or personal property within the town, or agent thereof, shall permit or allow to remain on or within the property or upon public ways abutting the real property a public nuisance or any other condition which is detrimental to the public health, comfort, safety or the aesthetic well-being of the community. It shall be a violation of this chapter to abandon, neglect, or disregard the condition or appearance of any premises so as to permit the existence of a public nuisance.
(Ord. 2016-2, passed - -2016) Penalty, see § 92.99
It is made the duty of all officers and employees of the town to report the existence of a nuisance to the Town Marshal. For this purpose, the Town Marshal, Deputy Marshals and other employees so designated by the Council shall be permitted to visit any lot, grounds or premises within the limits of the town to ascertain and discover any nuisance and to make examination thereof.
(Ord. 2016-2, passed - -2016)
Violations of § 92.05(C) of this chapter shall be addressed as follows.
(A) Graffiti. Upon receiving a report or other notice of the existence of graffiti on private property in violation of the requirements of § 92.05(A)(7) of this chapter, the Town Marshal or Council’s designee shall notify the owner and persons known to have a substantial interest in the property, in writing sent by certified mail, return receipt requested, together with a copy sent via first class mail, and demand that:
(1) The owner abate the graffiti within ten days of the date of such notice at the owner’s sole expense; or
(2) The owner sign and return a waiver of liability to the Council within ten days of such notice permitting the town to abate the graffiti at the owner’s expense.
(B) Weeds and rank vegetation.
(1) When a violation of the requirements of § 92.05(A)(22) of this chapter is found to exist, the Town Marshal or Council’s designee shall:
(a) Serve written notice to abate upon owner by certified mail, return receipt requested, together with a copy sent via first class mail; or
(b) Utilize an equivalent service permitted under I.C. 1-1-7-1 to:
1. The owner of record of real property with a single owner; or
2. At least one of the owners of real property with multiple owners; at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, granting a minimum of five calendar days to abate the nuisance.
(2) That notice shall contain:
(a) The address and telephone number of the Clerk-Treasurer;
(b) The penalty for failure to abate the nuisance; and
(c) A conspicuous notification that if the weeds, grass or rank vegetation are not abated within five calendar days of that notice, the town may abate the nuisance and seek recovery of its abatement costs incurred by the town in bringing the property into compliance with this chapter, including administrative fees, removal costs, and any penalties.
(C) All other public nuisances.
(1) When any other public nuisance, as defined in § 92.05 of this chapter, excluding those public nuisances addressed in divisions (A) or (B) above, is found to exist, the Town Marshal or Council’s designee shall notify the owner and persons known to have a substantial interest in the property by certified mail, return receipt requested, together with a copy sent via first class mail, to abate the public nuisance.
(2) The notice shall state the following:
(a) The nature of the nuisance;
(b) A description of the corrective action to be taken to abate the public nuisance;
(c) The penalty for failure to abate; and
(d) The period of time allowed to abate, which, pursuant to I.C. 36-1-6-2, shall not be less than ten days, nor more than 60 days.
(D) Emergency exception. When a public nuisance is found to exist which consists of:
(1) Solid waste which could spread if not removed; or
(Ord. 2016-2, passed - -2016)
(A) Graffiti. The Town Marshal or Council’s designee may cause to be issued a citation consistent with the penalty provisions of § 92.99 of this chapter if an owner fails to either:
(1) Abate the graffiti within ten days of being notified; or
(2) Sign and return a waiver of liability within ten days of such notice.
(B) Weeds and rank vegetation. The Town Marshal or Council’s designee may cause to be issued a citation consistent with the penalty provisions of § 92.99 of this chapter if, after the expiration of the time period provided in the notice specified in § 92.07(B) of this chapter, it determines that the owner has failed to abate the nuisance.
(C) All other nuisances. The Town Marshal or Council’s designee may cause to be issued a citation consistent with the penalty provisions of § 92.99 of this chapter if, after the expiration of the time period provided in the notice specified in § 92.07(C) of this chapter, it determines that the owner has failed to abate the nuisance.
(Ord. 2016-2, passed - -2016)
(1) No appeal has been made pursuant to § 92.11 of this chapter; or
(2) An appeal has been made pursuant to § 92.11 of this chapter, was considered by the Council, and the Council has so directed.
(B) Emergency exception. The town, in its sole discretion, may act to abate that nuisance which creates a safety or health hazard requiring immediate abatement in order to protect public safety or health pursuant to § 92.07 of this chapter.
(C) Continuous abatement order for weeds and rank vegetation violations. If the initial notice required under § 92.07(B) of this chapter was provided by certified mail, return receipt requested, or an equivalent service permitted under I.C. 1-1-7-1 to:
(1) The owner of record of real property with a single owner; or
(2) At least one of the owners of real property with multiple owners; at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, then a continuous abatement notice may be posted at the property at the time of abatement, which will serve as notice to the owner that each subsequent violation during the same calendar year for which the initial notice of violation was provided may be abated by the town without any additional notice to the owner, at the owner’s expense, as provided in § 92.10 of this chapter.
(Ord. 2016-2, passed - -2016)
(A) Notice of costs. Upon completion of abatement by the town, its agents or contractors, a statement of costs shall be furnished to the Council. Thereafter, the Clerk-Treasurer, or his or her designee, shall issue a bill to each person required to be provided a notice under § 92.07 of this chapter for such abatement costs, including any administrative costs. That bill shall be delivered by certified mail, return receipt requested, together with a copy sent via first class mail, both sent to the owner’s address as it appears in the records of the County Auditor. The owner shall pay the amount of the bill to the Clerk-Treasurer within 30 days of the date of that notice, unless, within that 30-day period, the owner notifies the Clerk-Treasurer in writing of any objection to that bill (§ 92.11(C) of this chapter).
(B) Lien for unpaid abatement costs.
(1) If that 30-day period has expired and either no timely objection to the bill has been made or the Council has disallowed any timely objection, and the bill is not paid in full, the Clerk-Treasurer shall prepare an instrument for each lot or parcel of real property on which the costs are delinquent. Said instrument shall specify the following:
(a) The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;
(b) A description of the premises, as shown in the records of the County Auditor; and
(c) The amount of the delinquent costs and the penalty.
(2) The Clerk-Treasurer shall record a copy of each list or each instrument with the County Recorder, who shall charge a fee for recording the list or instrument under the fee schedule established in I.C. 36-2-7-10 and the amount of a lien shall be placed on the tax duplicate by the County Auditor. The total amount, including any accrued interest, shall be collected in the same manner as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(C) Lien unavailable. Abatement costs shall not be enforceable as a lien against a subsequent owner of property unless the lien for the delinquent costs and penalty was recorded with the County Recorder before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the town shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount due may be considered a bad debt loss.
(Ord. 2016-2, passed - -2016)
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