(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 a public nuisance may, when found to exist within the town limits, 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.
(B) No owner, occupant, tenant, or any other person having a substantial interest in any improved or unimproved real property within the town, or any agent thereof, shall permit or allow to remain on or within that property or upon abutting public ways any materials, trash, garbage, debris, or any other matter which is detrimental to the public health, comfort, safety, or the aesthetic well-being of the community.
(C) The following conditions, but not limited only to those, shall constitute public nuisances for the purpose of this chapter:
(1) Litter.
(2) Fallen trees, stumps, or dead trees.
(3) Boxes, appliances, furniture, household items, and tires, tools, fixtures, related items, and long term storage of construction materiel.
(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, including open foundations.
(6) Dressing of poultry or rabbits.
(7) Structure defaced with paint or wording.
(8) Any wastewater, filth, offal, garbage, trash, rubbish, animal waste, or human excrement which is deposited, allowed, or caused to be upon any property.
(9) Any substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage.
(10) 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.
(11) Any dead animal.
(12) Any real or personal property which is infected with contagious disease and is likely to cause an imminent health hazard.
(13) The placing or accumulation on or within any real or personal property, or the permitting of same, of any matter which attracts or may attract rodents, insects, or animals in such a manner as to create a health hazard or unsanitary or dangerous condition.
(14) Any real or personal property used as a place of residence or habitation for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to the lack of or defects in water, drainage, heating, plumbing, or ventilation.
(15) Any dilapidated or condemned building, structure, or dwelling, or remains thereof, so out of repair that it constitutes a fire hazard liable to catch on fire or communicate fire to surrounding properties.
(16) Any noxious odors, smoke, dust, or noise that emits from premises into the surrounding atmosphere which created an uncomfortable condition to surrounding properties.
(17) The storage of explosive, combustible, or other inflammable material which creates a safety or health risk.
(18) Any trees, shrubbery, weeds, snow, fences, or other material which obstruct public ways or cause a visual barrier for vehicular traffic.
(19) Any junk automobiles, broken concrete, scrap metal, or automobile parts.
(20) 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: or
(b) Has attained a height of eight inches or more; or
(c) Is actually or imminently detrimental to the public health, safety, or welfare.
(Ord. 2004-11, passed 10-25-04)