For purposes of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENVIRONMENTAL PUBLIC NUISANCE.
(1) Vegetation on private or governmental property that is abandoned, neglected, disregarded or not cut, mown, or otherwise removed and that has attained a height of eight inches or more;
(2) Vegetation, trees, or woody growth on private property that, due to its proximity to any governmental property, right-of-way, or easement, interferes with the public safety or lawful use of the governmental property, right-of-way or easement, or that has been allowed to become a health or safety hazard;
(3) A drainage or stormwater management facility, on private or governmental property, which facility has not been maintained;
(4) Private property that has accumulated litter or waste products, whether it be organic waste, lumber or other material, excluding building material for new construction, or any other unsightly inorganic material, unless specifically authorized under existing laws and regulations, that has otherwise been allowed to become a health or safety hazard;
(5) Sanitation, recyclable material, or other garbage or refuse, not placed in the designated town or other privately provided disposal bins for pick-up.
EXCLUDED PROPERTY.
(1) Cultivated land in commercial, domestic, agriculture or horticulture use;
(2) An existing natural or developed forest that does not create a health or safety hazard;
(3) A wetland area designated by the United States Department of Interior Fish and Wildlife Division on a National Wetlands Inventory Map and/or determined to be a wetland area by the State of Indiana.
GOVERNMENTAL PROPERTY. Real estate that is owned leased, controlled, or occupied by the United States, the State of Indiana, or any political subdivision thereof.
OCCUPANT. The person, firm, partnership, association, corporation, business trust, joint stock company, unincorporated organization, religious charitable organization, or entity who is from time to time in possession or exercising dominion and control over the real estate or any house or other structure located thereon. OCCUPANT shall include the lessee of the property.
OWNER. The record owner or owners, as reflected by the most current records in the County Assessor's Office.
PRIVATE PROPERTY or PROPERTY. All real estate within the town's corporate limits, except governmental property.
RECIPIENT. The owner or occupant to whom notice of violation has been directed.
REPEAT VIOLATION. When a property owner or occupant, who has previously been issued notice of a similar environmental public nuisance for the same property, or who has been found by a hearing or judicial officer to have allowed a similar environmental public nuisance to exist at that property within 18 months of the date of the previous notice or finding of violation, whichever is later.
(Ord. 4 of 2018, passed 6-11-2018)