Section
Public Nuisances and Noise Control
91.01 Definitions
91.02 Nuisances prohibited
91.03 Notice to abate certain public nuisances
91.04 Action on noncompliance
91.05 Collection of costs by lien or court
91.06 Junk vehicles
91.07 Abandoned vehicles
91.08 Noise control
Junk Vehicles
91.20 Definitions
91.21 Junk vehicle restrictions
91.22 Removal
91.99 Penalty
PUBLIC NUISANCES AND NOISE CONTROL
The following definitions are applicable to this section:
ABANDONED VEHICLES. That definition set forth under I.C. § 9-22-1 et seq.
DEPARTMENT. The Woodburn Police Department which shall have all powers reasonable and necessary for the performance of its responsibilities under this section.
JUNK VEHICLES. Any motor vehicle or non-motor vehicle that is either disassembled, non-operative, wrecked and does not bear a currently valid license plate, or would be considered "junk" by a reasonable person, and is not in a garage or other building, but is kept in open view upon public or private property.
MOTOR VEHICLE. Any vehicle powered by a mechanical engine, and designed to be driven or used on any public or private property. Such definition shall include, but not be limited to: automobiles, vans, trucks, motorcycles, motor scooters, dune buggies, snowmobiles, all-terrain vehicles, go-carts, mini bikes and trail bikes.
PUBLIC NUISANCES: Defined in accordance with I.C. § 36-8-2-4 as the use or possession of property that might endanger the public health, safety or welfare of the city and may include, but shall not be limited to, the following:
(1) Litter;
(2) Weeds or rank vegetation which shall mean grass and weeds over nine inches high, but not including small trees and bushes;
(3) Boxes, appliances, furniture, household items and tires, etc., but not stock or inventory used in conducting agricultural activities in a properly zoned area;
(4) Demolition remains;
(5) Accumulated garbage and trash;
(6) Vehicle parts and scrap metal (including but not limited to those defined at I.C. 9-22-1-1 et seq.);
(7) Structures defaced with paint or graffiti and unremedied for a reasonable period of time;
(8) Any wastewater, filth, offal, garbage, rubbish, human excrement, which is deposited, allowed or caused to be upon any public or private property;
(9) The construction of, or the placement of any structure or materials within the drainage way of any right of way that will prevent the natural flow of water and cause it to collect and pool upon any private or public property;
(10) Any dead domestic or wild animal;
(11) Any real or personal property that is infected with contagious disease and is likely to cause an immediate health hazard;
(12) The placing or accumulating on or within any real or personal property or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition;
(13) Trees, shrubbery, weeds, or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards;
(14) The unauthorized placement of fences, signs, shrubbery or barriers within road right of ways;
(15) JUNK VEHICLES as defined by this section, due to the danger to public health from vermin and insects that inhabit such vehicles, and the danger to safety of children attracted by such vehicles, except in lawfully operated junkyards that have been properly zoned and licensed; and
(16) Industrial machinery, unless located on land that is properly zoned for such use and owned by persons actively engaged in industry.
(Ord. G-16-1338, passed 7-18-16)
(A) No owner or occupant of any lot, place, or area within the city, the agent of any owner, or a tenant or contract purchaser, shall permit any Public Nuisance on such lot, place or area within the city. The owner and occupant may be held jointly liable for the condition of the property.
(B) The Council hereby specifically adopts the provisions of I.C. 36-7-10.1-1 through 36-7-10.1-5, and any amendments thereto.
(Ord. G-16-1338, passed 7-18-16)
(A) Except as may be provided in §§ 91.06 through 91.08, in the event any property owner, tenant, or contract purchaser resides at, occupies or owns a place containing a public nuisance, the Mayor, the Clerk-Treasurer, a City of Woodburn Police Officer or other person designated by the Mayor, shall notify, in writing, the owner or occupant of any such lot, place, or area within the city, or the agent of the owner, to cut, destroy, or remove any such weeds or rank vegetation, deleterious unhealthful growths, or otherwise abate any other public nuisance that may be growing, lying, or located on the owner's property or on the sidewalk abutting these areas. Notice shall be sent by certified mail, return receipt requested, addressed to the owner, occupant, or agent of the owner, at the last known address of the owner as shown by the records of the Allen County Auditor. Notice may also be posted in the yard or be personally served by an official of the city. If the notice is personally served, the person serving the notice shall prepare and file with the city a return of service showing the date notice was served, who it was served on, and signed by the person who served the notice. In the event the owner or occupant of the real estate shall refuse to accept the certified mail sent by the city, notice shall be given as provided in Rule 4.1 of the Indiana Trial Rules.
(B) The notice of a public nuisance violation in accordance with the above division (A) shall: (1) state the name of the property owner, tenant, or contract purchaser; (2) state the address of the property subject to the violation; (3) state the particular facts giving rise to the violation of this section; (4) state the action required to cure the violation; and (5) state that the person has ten (10) days to cure the violation.
(Ord. G-16-1338, passed 7-18-16)
(A) Except as may be provided in §§ 91.06 through 91.08, on the failure, neglect, or refusal of any owner, tenant or contract purchaser so notified to cut, destroy, or remove weeds, grass or other deleterious unhealthful growths, other noxious matters or public nuisances growing, lying or located on such property or on the sidewalk abutting these areas within ten days after the giving of notice to the property owner or occupant as provided herein, the city may proceed to enforce the provisions of this section and carry out such actions necessary to cure the public nuisance.
(B) In the event city employees are used to enforce this chapter, the hourly rate shall be $100 per hour per employee for the first violation and said rate shall increase by $50 per hour per employee for subsequent violations. In addition to the hourly rate, all costs involved with the disposal of any material removed from the property shall be assessed to the property owner. This hourly rate may be adjusted from time to time by the Council by resolution in order to be assured that the costs of such cutting, removal or destroying are completely paid for by the landowner, and not the taxpayer.
(Ord. G-16-1338, passed 7-18-16)
(A) When the city has effected the removal of the public nuisance in accordance with § 91.04, and has not been paid the actual costs thereof, the Clerk-Treasurer may make a certified statement of the
actual cost incurred by the city in the removal using the rates contained in § 91.04(B) as well as any administrative costs associated therewith. The statement must be delivered to the owner of the property by a law enforcement officer of the city or by certified mail, return receipt requested, and the owner shall pay the amount to the Clerk-Treasurer. If the landowner fails to pay the amount within ten days after receiving the statement, a certified copy of the statement of costs shall be filed in the office of the Auditor of Allen County. The Auditor shall place the amount claimed on the tax duplicate against the property affected by the work, and the amount shall be collected as taxes are collected and shall be disbursed to the general fund of the city, all as provided by I.C. 36-7-10.1-1 through 36-7-10.1-5.
(B) In lieu of filing a lien as set out in division (A) above, if the owner or occupant of the property fails to make payment of the costs incurred by the city in effecting removal of the public nuisance within the timeframe described under § 91.05(A), the city may bring an action in any court of competent jurisdiction, which may include the City Court of New Haven (as may be provided by an inter-local agreement between the City of New Haven and the City of Woodburn) to collect the amount of the bill plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. If the city obtains a judgment under this § 91.05(B) , the city shall have a lien in the amount of the judgment on any real or personal property of the owner or occupant, as the case may be. The suit may also request penalties as provided for in § 91.99 . The city may also request an injunction against the offender seeking an injunction to prohibit such activity and to comply with the provisions of this section.
(Ord. G-16-1338, passed 7-18-16)
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