For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PREMISES. A chronically vacant parcel of land, as indicated by, but not limited to, the lack of utilities or delinquent taxes, with or without a structure, whose owner has neglected the responsibility of physical upkeep.
AUTOMOBILE PARTS. Any portion or parts of any motor driven vehicle as detached from the vehicle as a whole.
DEPARTMENT. The Department of Code Enforcement, which shall have the responsibility of administering the City of Washington’s trash and debris ordinance. It may also refer to the Daviess County Health Department and Building Commissioner, and the Washington Police Department.
HARMFUL CHEMICALS. A substance with, if spilled, released, or allowed to escape into the air, water, or soil, might damage the environment or endanger the health of the public. HARMFUL CHEMICALS shall include, but not be limited to, petroleum products, chlorine, acids, bases, and other chemicals whose release or improper storage may cause or increase the likelihood of damage or harm to the environment or the public or persons’ health.
HEARING AUTHORITY. The person designated as such by the Mayor under authority of I.C. 36-7-9-2.
INOPERATIVE CONDITION. Unable to move under its own power due to defective or missing parts, and which has remained in the condition for a period of not less than 10 consecutive days.
MOTOR VEHICLE. Any style or type of motor driven vehicle used for the conveyance of persons or property.
NUISANCE. Public nuisance. Also, a condition or activity which endangers the health, safety, or welfare of the public or of any individual; causes injury to property; or interferes with an individual’s possession or ordinary use or enjoyment of his or her property.
OWNER. The owner of record, as found in the records of the Recorder of Daviess County.
OWNER’S ADDRESS. The most recent mailing address of the owner and being that address to which the County Treasurer sends tax duplicates.
PERSON RESPONSIBLE FOR A NUISANCE. A person whose activity is a nuisance, or on whose property a condition which is a nuisance exists.
RANK VEGETATION. Any plant growth, which is or may be harmful to the senses, health, or well-being of citizens of the city.
REMOVAL. Activities required for the concentrating, collecting, loading, hauling, and disposal of trash and debris in a licensed sanitary landfill.
SCRAP METAL. Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy, 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 originally intended purpose.
SOLID WASTE. All putrescible and nonputrescible solid and semisolid waste. It includes trash and debris, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter. Due to the nature of actions which are authorized by this chapter, the rights that may be affected in a substantial way shall include a fee interest, a present possessory interest, or an equitable interest of contract purchaser. The interest reflected by a deed, lease or land sale contract is not a substantial property interest unless evidence of it is:
(1) Recorded in the office of the Recorder of Daviess County; or
(2) The subject of written information that is received by the Department and includes the name and address of the holder of the interest described.
TRASH AND DEBRIS. Combustible and non-combustible waste materials. Includes the animal and vegetable waste resulting from handling, preparation, cooking and consumption of food; the residue from burning any combustible material; paper; rags; wood; lumber not stacked and elevated 18 inches, protected from rain, and free of insects and rodents; tree branches and yard wastes (unless these materials are being incorporated into a properly managed, ongoing, permitted (if required) composting operation); tin cans; metals; household goods including but not limited to mattresses, furniture, major appliances, clothing, and other household items not intended for exposure to rain and other inclement weather; and harmful chemicals; and any other material which creates a nuisance.
UNFIT FOR FURTHER USE. In a dangerous condition; having defective or missing parts; or in a condition generally as to be unfit for further use as a conveyance.
WEEDS. Any growth of vegetation, other than trees, bushes, shrubs, ornamental plants, or agricultural plants cultivated in an orderly manner for the purpose of producing food. Notwithstanding the foregoing, trees, bushes, shrubs, or agricultural plans, which have sprouted as volunteers and are growing along fence lines and public rights-of-way, shall be considered to be WEEDS.
(Ord. 12-2009, passed 4-27-2009)