CHAPTER 6
PUBLIC HEALTH AND SAFETY MATTERS, NUISANCES
Sec. 6-1 Town Authority to Regulate.
Sec. 6-2 -6-4 Reserved for Future Use.
Sec. 6-5 Curfew Regulations.
Sec. 6-6 Reserved for Future Use.
Sec. 6-7 Defacing Property.
Sec. 6-8 Discharging Firearms.
Sec. 6-9 Disorderly Conduct.
Sec. 6-10 Fire fighting Apparatus Agreements.
Sec. 6-11 Fire Hazards and Burning Regulations.
Sec. 6-12 Fire Limits Established.
Sec. 6-13 Fire Prevention.
Sec. 6-14 Fireworks Regulations.
Sec. 6-15 -6-18 Reserved for Future Use.
Sec. 6-19 Garbage and Refuse, Containers Required.
Sec. 6-20 -6-23 Reserved for Future Use.
Sec. 6-24 Loitering Prohibited.
Sec. 6-25 - 6-28 Reserved for Future Use.
Sec. 6-29 Noise Control Regulations.
Sec. 6-30 - 6-32 Reserved for Future Use.
Sec. 6-33 Noxious Smells Prohibited.
Sec. 6-34 - 6-36 Reserved for Future Use.
Sec. 6-37 Snow Removal Regulations.
Sec. 6-38 Reserved
Sec. 6-39 Reserved for Future Use.
Sec. 6-40 Storage of Abandoned, Junked, Discarded,
or Unlicensed Motor Vehicles, Nuisances.
Sec. 6-41 - 6-43 Reserved for Future Use.
Sec. 6-44 Unsafe Building Law.
Sec 6-45 - 6-48 Reserved for Future Use.
Sec. 6-49 Nuisances in General.
Ordinance 98-07-01 Amendment to Sec. 6-49
Sec. 6-50 Scattering Trash on Private Property.
Ordinance 98-07-03 - Amendment to Article
2, Section 6-51
Sec. 6-51 - 6-54 Reserved for Future Use.
Sec. 6-55 Weed Control Regulations.
CHAPTER 6
PUBLIC HEALTH AND SAFETY MATTFRS, PUBLIC NUISANCES
Article 1 - Public Health
and Safety Services and Regulations;
Public Nuisances
Sec. 6-1 Town Authority to Regulate.
A Town may regulate conduct, or use or possession of property which might
endanger the public health, safety, and welfare of its citizens.
Sec. 6-2 -6-4 Reserved for Future Use
Sec. 6-5 Curfew Regulations2
(a) It is a curfew violation for a child fifteen
(15), sixteen (16), or seventeen (17) years of age to be in a public
place:
(1) between 1 a.m. and 5 a.m. on Saturday or Sunday;
(2) after 11 p.m. on Sunday, Monday, Tuesday, Wednesday, or Thursday;
or
(3) before 5 a.m. on Monday, Tuesday, Wednesday, Thursday, or Friday.
(b) It is a curfew violation for a child under fifteen
(15) years of age to be in a public place after 11 p.m. or before 5
a.m. on any day.
(c) This section does not apply to a child who is:
(1) accompanied by his parent, guardian, or custodian;
(2) accompanied by an adult specified by his parent,
guardian, or custodian; or
(3) participating in, going to, or returning from:
(A) lawful employment
(B) a school sanctioned activity; or
(C) a religious event.
(d) The Town Board of Trustees have instructed the
Kentland Police Department to report all curfew violators to the
Newton County Juvenile Officer for prosecution.
(Notice: Oct 12, 1981)
Sec. 6-6 Reserved for Future Use
Sec. 6-7 Defacing Property/Illegal
Advertising.
(a) It shall be unlawful for any person or persons
to cut, mark, or otherwise mar or deface any public or private property,
of for any person or persons to mark, post, or in any manner use the
public sidewalks and crossings for advertising.
(Ord. No. 91, §l 19--)
(b) Any person or persons found in violation of this
Section shall upon conviction be fined not less than Five Dollars ($5.00)
nor more than Ten Dollars ($10.00)for each offense.
(Ord. No. 91, §l 19--)
Sec. 6-8 Discharging Firearms.
(a) Definition.
The term firearm means any weapon which is capable of or designed to
or which may readily be converted to expel a projectile with deadly
force by means of an explosion.
(b) Discharge Prohibited.
It shall be unlawful for any person or persons to fire or discharge,
or cause to be fired or discharged any firearm within the limits of
the Town.
(c) Exception. This Section
shall not apply to any peace officer in the discharge of his official
duties and while in the exercise of reasonable care, nor to a person
using a firearm in self-defense.
(Ord. No. 75, 19--) (Ord. No. 7, 19--)
Sec. 6-9 Disorderly Conduct.
Any person or persons convicted of disorderly conduct by making loud
and unusual noises by crying "fire" without good cause, or by
willfully creating a false fire alarm, or by threatening any person or
challenging any person to fight, or who shall disturb the peace and quiet
of the Town or any citizen thereof by his continued actions and words,
shall upon conviction be fined not less than One Dollars ($1.00) nor more
than Ten ($10.00) Dollars.
(Ord. No. 7, 19--)
Sec. 6-10 Firefighting Apparatus
Agreements.
(a) The Town Board of Trustees may enter into inter-local
cooperation agreements for the purchase, maintenance, and upkeep of
any fire fighting apparatus it deems necessary and adequate to afford
proper fire protection to the Town.
(b) Such agreements shall be in ordinance from and acted
upon pursuant to I.C. 36-1-7-1 through I.C. 36-1-7-12.
(Ord. No. 1-1939, 1-3-39)
Sec. 6-11 Fire Hazards and
Burning Regulations.
(a) All persons on premises abutting any public way,
when burning trash, paper, leaves, brush and other waste materials,
shall do so before darkness and in such a manner or in such containers,
that the ashes and smoke thereof shall not blow and scatter upon the
public ways, or upon adjoining premises, and at such times during the
year as are permitted by State Law.
(Ord. 6-5-56, §1)
(b) Any burning of trash, paper, and / or waste materials
at any business, store, house or factory shall be done in metal, brick
or stone containers only, which containers shall satisfy the rules and
regulations of the State Fire Marshall; and such burning shall be done
in such a manner that the adjoining premises, buildings and /
or structures shall not be exposed to unnecessary fire hazards.
(Ord. 6-5-56, §1)
(c) Any person violating any of the provisions of
the Section upon conviction shall be fined in any sum not exceeding
Ten ($10.00) Dollars.
(Ord. No. 6-5-56, §2)
Sec. 6-12 Fire Limits Established.
(a) The Town Board of Trustees hereby create fire limits
with Blocks 1, 2, 3, 4, 5, 6, 11, 12, 13, 14, 15, 16, 17, 18, in the
Original Plat of the Town of Kentland, and Blocks 19, 20, and 21 in
Kent 's Northern Addition to the Town.
(b) The erection of any building or addition to any
building or structure, unless the outer walls thereof are made of iron,
stone, brick, and mortar, or some of them, is hereby prohibited upon
the squares or blocks embraced within the fire limits as defined in
Sub-Section(a).
(c) This Section shall not prohibit the erection
of wooden buildings to be used exclusively for residence purposes and
private garages used in connection with residences.
(d) All such residences and garages erected in connection
therewith shall be covered with a roof of fire resisting materials.
(e) It shall be unlawful for any person, partnership
or corporation to construct or commence the construction of, any building
within the fire limits defined in Sub-Section (a) before obtaining a
permit from the Town Board of Trustees.
(f) The permit shall contain a description of the
building proposed to be erected and the material to be used, together
with the legal description of the lot or parcel of ground upon which
it is proposed to locate any such building.
(g) Any building hereafter constructed within the
fire limits as defined in Sub-section (a) of this section, or structure
on which work of construction has commenced, without the issuance of
such permit therefore, shall be deemed a continuing public nuisance,
and subject to summary abatement by the removal thereof without notice,
and at the expense of the owner of any such property.
(h) Whoever erects or causes to be erected any wooden
building or any wooden addition to any building within the fire limits
created by Sub-Section (a) of this section shall, upon conviction, be
fined in any sum not more than Ten ($10.00) Dollars nor less than Nine
($9.00) Dollars for each such offense, provided that each day any wooden
building or any wooden addition to any building so erected, is allowed
to remain within said fire limits shall be a separate and distinct offense
within the meaning of this Section.
(Ord. No. 208, 1-10-40)
Sec 6-13 Fire Prevention.
(a) It shall be unlawful for any person to fire or
cause to be fired on any street, alley, or asphalt street in Town, and
shavings, paper, leaves or other combustible material.
(b) Any person violating this Section shall upon
conviction, be fined not less than Ten ($10.00) Dollars.
(Ord. No. XI, §5, 1868)
Sec. 6-14 Fireworks Regulations.
(a) The Town may regulate conduct, or use or possession
of property3 that might endanger
the public health, safety or welfare of its citizens.
(b) Fireworks shall be defined as listed in
I.C. 22-11-14-1, as it may be amended from time to time.
(c) The discharge, firing or use of fireworks
is prohibited within the corporate limits of the Town.
(Ord. No. 173, §1 19--.)
(d) The sale of fireworks at retail is prohibited
within the corporate limits of the Town.
(Ord. No. 173, §2, 19--)
(e) The storage or sale of fireworks at wholesale
is prohibited within the corporate limits of the Town.
(Ord. No. 173, §3, 19--)
(f) Any person, firm, or corporation violating
any of the provisions of this Section as regards the storage and sales
of fireworks shall upon conviction be fined not less than Ten ($10.00)
Dollars nor more than Twenty-five ($25.00) Dollars for each days
neglect of compliance, provided so, that violations of other sections
of this Section shall be punishable by a fine not exceeding Ten ($10.00)
Dollars.
(Ord. No. 173, §4, 19--)
(g) The Chief of Fire Department, at his discretion, may
remove or have removed, at the owner's expense, all stocks of fireworks
or other combustibles exposed for sale, or held in stock in violation
of this section.
(Ord. No. 173, §5, 19--)
(h) Public Display of fireworks: Any supervised public
display of fireworks. by the Town, fair associations, amusement
parks, other organizations or groups of individuals shall be done pursuant
to I.C. 22-11-14-2, as it may be amended from time to time.
Sec. 6-15 - 6-18 Reserved for Future Use
Sec. 6-19 Garbage And Refuse,
Containers Required.
(a) Definitions. As used in
this Section, the words "garbage","refuse," and "ashes"
have the following meanings:
(1) Garbage: Wastes resulting from
the handling, preparation, cooking and consumption of food; wastes from
the handling, storage and sale of produce.
(2) Refuse: Combustible trash,
including, but not limited to, paper, cartons, boxes, barrels, wood,
excelsior, tree branches, yard trimmings, wood furniture, bedding; noncombustible
trash, including, but not limited to, metals, tin cans, metal furniture,
dirt, small quantities or rock and pieces of concrete, glass, crockery,
other mineral waste, street rubbish, including but not limited to, street
sweepings, dirt, leases, catch-basin dirt, contents of little receptacles.
Provided, refuse shall not include earth and wastes from building operations,
nor shall it include solid wastes resulting from industrial processes
and manufacturing operations such as food processing wastes, boiler-house
cinders, lumber, scraps and shavings.
(3) Ashes: Residue from fires used
for cooking and for heating buildings.
(Ord. No. 73-1, §1, 3-5-73)
(b) Uncovered garbage. It
shall be unlawful to place or permit to remain anywhere in the Town any
garbage, or other material subject to decay other than leaves or grass,
excepting in a tightly covered metal or plastic container.
(Ord. No. 73-1 §2, 3-5-73)
(c) Wind-blown refuse.
It shall be unlawful to cause or permit to accumulate any dust, ashes
or trash of such a material that it can be blown away by the wind anywhere
in the city excepting in a covered container
(Ord. No. 73-1, §3, 3-5-73)
(d) Deposits on streets. It
shall be unlawful to deposit or permit to fall from any vehicle any garbage,
refuse or ashes on any public street or alley in the town; provided, that
this Sub-section shall not he construed to prohibit placing garbage, refuse
or ashes in a container complying with the provisions of this Section
preparatory to having such material collected and disposed of in the manner
provided herein.
(e) Containers. All garbage,
refuse and ashes for collection by the town shall be placed in metal or
plastic containers equipped with a cover and equipped with handles or
a similar device so that they may be lifted and carried by one man. No
such container shall have a capacity of less than ten (10) gallons or
more than thirty (30) gallons.
(Ord. No. 73-1, §5, 3-5-73)
(f) Penalty. Any person, firm
or corporation violating any provisions of this Section shall be fined
not less than five dollars ($5.00) nor more than two hundred dollars ($200.00)
for each offense; and a separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
(Ord. No.73-1, §6, 3 5 73)
Sec. 6-20 - 6-23 Reserved for Future Use
Sec. 6-24 Loitering Prohibited.
(a) Any person or persons who shall habitually, idle,
loaf, loiter, or congregate on any public sidewalk so as to annoy, hinder
or impede the free unembarrassed use of such sidewalk for pedestrians,
and who shall fail or refuse to comply with the request of the Marshal
of the town, or deputy Marshal or nightwatch, acting under authority of
said Board of Trustees to leave, shall be deemed guilty of obstructing
sidewalks.
(b) Any who loiters, prowls, or wanders upon the private
at night without visible or lawful business with the owner of the property
therein, shall be deemed guilty of loitering.
(c) Any person who obstructs the free passage of persons
or vehicles on any street, alley or other public place shall be deemed
in violation of this Section. The Marshal may have the power to abate
the same.
(Ord No. 17)
(d) Violators of this Section shall be fined not less than
five dollars ($5.00) for each offense, and a separate offense shall be
deemed comrnitted each day a violation occurs or continues.
(Ord. No. 115, 1905)
Sec. 6-25 - 6-28 Reserved for Future Use
Sec. 6-29 Noise Control Regulations
(a) No person shall make, continue, or cause to he
made or continued any loud, raucous, improper, unreasonable, or offensive
noise which disturbs, injures, or endangers the comfort, repose, health,
peace, or safety of others within the Town.
(b) It shall be Unlawful for the drivers of automobiles,
or the owners or operators of automobiles or trucks while driving upon
the streets of the Town; or the owners, operators, riders, or manipulators
of motorcycles, while upon the streets of the town, to run said automobiles,
trucks or motorcycles with the "cut out" or "exhaust"
open, thereby making unnecessary and disturbing noise.
(Ord. No. 152, §1, 1913).
(c) It shall he unlawful for the owners, operators,
drivers, riders, or any other person to sound, blow, squawk, or in any
other way to manipulate the warning signal attached to any automobile
or motorcycle, as to create an unnecessary or disturbing noise in or upon
the streets of the Town.
(Ord. No. 152, §2, 1913)
(d) Any person guilty of violating, this section shall
upon conviction he fined in the sum of five dollars ($5.00) for the first
offense and the sum of ten dollars ($10.00) for each offense thereafter
and a separate offense shall be deemed committed each time a violation
occurs.
Sec. 6-30 - 6-32 Reserved for Future use
Sec. 6-33 Noxious Smells Prohibited.5
(a) Any person or persons who allows noxious or offensive
smells to exhaled from his property, and such smells become injurious
to the health, comfort or property of others shall be deemed guilty of
maintaining a nuisance.
(b) Anyone found in violation of this Section, upon
conviction shall be fined not less than ten dollars ($l0.00) each day
that the nuisance is not abated shall be considered a separate and distinct
offense.
(Ord. No.52, 18 )
Sec. 6-34 - 6-36 Reserved for Future Use
Sec. 6-37 Snow Removal Regulations.
(a) Any person or persons being the owner or occupant
of any lot or lots within the corporate limits of the town, shall remove
from sidewalks in front of or adjacent to such lots occupied or owned
within twenty four (24) hours, any snow or ice which may have accumulated.
(Ord. No. 54, 1884)
(b) If any owner or occupant shall not remove such
snow and ice as required, the Town is authorized to remove or cause to
be removed such snow and ice, and report in writing the necessary expense
involved to the Clerk-Treasurer, who shall certify the amount and date
of removal, the description of the lot, And the owners name. The amount
shall be collected as taxes and disbursed to the general fund of the Town
pursuant to the procedures in I.C. 36-7-10-3, as it may be amended from
time to time.
(c) Any person found in violation of this Section may
also be fined) upon conviction an amount not exceeding five dollars ($5.00).
(Ord. No. 176, 19 )
Sec. 6-38 Reserved for Future Use
Sec. 6-39 Reserved for Future Use
Sec. 6-40 Storage of Abandoned, Junked,
Discarded, or Unlicensed Motor Vehicles, Nuisances.
(a) Extra Storage of Non-Operating Vehicles Prohibited.
No person in charge of or in control of premises, whether as owner, lessee,
tenant, occupant, or otherwise shall allow any partially dismantled, wrecked,
junked, discarded, or otherwise non-operating motor vehicle to remain
on such property longer than ten (10) days; and no person shall leave
any such vehicle on such property within the Town for a longer time than
ten (10) days; except that this sub-section shall not apply to Any vehicle
in ap enclosed building or so located upon the premises as not to be reasonably
visible from any public place or from any surrounding private property.
This sub-section shall not apply to any vehicle or the premises of business
enterprise operating in a lawful manner when the keeping or maintaining
of such vehicle(s) is necessary to the operation of the business enterprise;
or with regard to a vehicle in an appropriate storage place or depository
maintained in any lawful place and manner by the Town or any other public
agency or entity.
(b) Enforcement.
Enforcement may be accomplished by the Town in any manner authorized
by law, and in addition any person who by reason of another violation
of any provision of this section suffers special damages to himself different
from that of other property owners throughout the Town generally may bring
an action to enjoin or otherwise abate an existing violation. see also
section 6-50
(Ord. No. 12-10-73, l, 2, 3, 4, 1973)
Sec. 6-41 - 6-43 Reserved for future use.
Sec. 6-44 Unsafe Building Law
(a) Adoption Of State Law. I.C. 36-7-9-1 through I.C.
36-7-9-28, as it may be amended from time to time, is adopted and shall
be known as the Unsafe Building Ordinance.
(Ord. No. 82-7-12, )
(b) The administration of the provisions of this ordinance
and Section the responsibility of the Town Board of Trustees.
(Ord. No. 82-7-12.~lb)
(c) Definitions. The following terms shall be defined as follows, unless
the context clearly indicates otherwise.
(1) Board or Town Board shall mean the Town Board of Trustees of the
Town of Kentland, Indiana.
(2) Order shall mean any written directive issued by the Town Board
of Trustees of the Town of Kentland, Indiana, in accordance with Sub-section
(d) of this Section.
(3) Person shall mean any entity capable of holding an interest in
real estate, including, but not limited to, individuals, partnerships,
limited partnerships, real estate investment trusts and corporations.
(4) Substantial property interest shall mean any right in real estate
susceptible of being affected in a substantial way by actions authorized
by this ordinance, including a fee interest, a life estate of future
interest, a present possessory interest, or equitible interest of a
contract purchaser.
(5) Unsafe structure or building shall mean any building or structure,
or any part thereof, that is in an impaired structural condition or
state which renders it unsafe or dangerous to any person or property;
or is a fire hazard; or is a hazard to the public health; or is a public
nuisance; or does not comply with standards for building conditions
or maintenance; the violation of which would be dangerous to any person
or property, found in an ordinance enacted by the Town Board or in State
law. The Standards for building condition, maintenance and safety, of
the State of Indiana, and the Town of Kentland, are hereby incorporated
to the extent they are consistent with each other.
(6) Unsafe premises shall mean any unsafe building; or the tract on
which an unsafe building is located; or any unsafe the tract of real
estate on which the unsafe building is or real estate building that
located. (Ord.No. 82-7-12, ~2)
(d) Enforcement - Issuance of Orders.
The Town Board of Trustees may issue an order relative to any unsafe
premises to require action, including but not limited to:
(1) Vacating of an unsafe building;
(2) Sealing an unsafe building against intrusion by
unauthorized persons in accordance with a uniform standard established
by the Town Board;
(3) Extermination of vermin in and about the unsafe
Premises;
(4) Repair of an unsafe building to bring it into
compliance with standards for building condition or maintenance found
in ordinances enacted by the Town Board or State laws;
(5) Removal of a portion of an unsafe building;
(6) Removal of an unsafe building.
The ordered action shall be reasonably related to the condition of the
unsafe premises and the nature and use of nearby properties.
The order shall take precedence over any municipally-issued permit relating
to building or land use which is obtained either before or after the order
is issued.
The force of an order shall expire two years from the day the notice
of the order is given unless one or more of the following events occur
within such two (2) year period:
(1) A complaint requesting judicial review is filed in accordance with
sub-section (k) of this section.
(2) Work is let out at public bid to a contractor to perform action
required by an order in accordance with Sub-section (p) of this section.
(3) A civil action is filed in the Circuit or Superior Court in accordance
with Subsection (t) of this Section. (Ord. No. 82-7-12, ~3)
(e) Contents of Orders:
Any order shall contain the following information:
(1) The name of the person to whom the order is issued;
(2) The legal description or address of the unsafe
premises that are the subject of the order;
(3) The action which the order requires to be accomplished;
(4) The period of time in which the action is required
to be accomplished measured from the time when the notice of the order
is given;
(5) A statement indicating the exact time and place
of the hearing regarding the order; and that the person to whom the
order was issued has a right to appear at the hearing with or without
legal counsel and present evidence, cross-examine opposing witnesses,
and make argument;
(6) A statement briefly indicating what action can
be taken by the Town Board if the order is not complied with;
(7) A statement indicating the obligation created
by sub-section (m) of this section relating to notification of subsequent
interest holders and the Town board;
(8) The name, address, and telephone number of the
Town Board.
The order shall allow sufficient time in which to accomplish the required
action. In no case shall less than ten (10) calendar days from the time
when notice of the order is given be allowed for compliance with an
order.
In the instance where more than thirty (30) calendar days are allowed
by the order to accomplish the action the order may require that a substantial
beginning be made in accomplishing the action with the period of thirty
(30) calendar days.
(Ord. No. 82-7-12, ~4)
(f) Service of Orders:
If service of the order is by publication, the publication shall include
the information required by Paragraphs (1), (2), (4), (5), (6), and
(7) of Sub-section (e) of this section and also a statement indicating
generally what action is required by the order and that the exact terms
of the order may be obtained from the Town Board.
(Ord. No.82-7-12 ~5)
(g) Modification of Orders.
The Town Board may issue an order to a person which has the effect
of modifying the order previously issued to that person.
If service of the previously issued order was by publication it shall
be sufficient to serve the subsequent order by publication unless the
Town Board has received information in writing that would enable it
to make service in accordance with Sub-section (i) of this Section by
a method other than publication.
(Ord. No. 82-7-12, ~6)
(h) Recission of Orders.
The Town Board may at any time rescind an order. All persons who have
been issued an order shall he notified of its rescission pursuant to
Section 8 of this ordiance by means of a written statement which shall
include the information required by I.C. 36-7-9-7
(Ord.No. 82-7-12, ~6)
(i) Rescission of Orders and Statements.
(1) Notice of orders (including orders which have
the effect of modifying a previous order), notice of statements of rescission,
notice ofcontinued bearings, notice of and notice that a hearing records
shall be given to all manner of service a statement that public bids
are to he let, may he held on the amounts indicated in the persons to
whom directed by the following
(a) Sending a copy of the order or statement by
registered or certified mail to the residence or place of business
or employment of the person to be notified with return receipt requested;
or
(b) Delivering a copy of the order or statement
personally to the person to be notified; or
(c) Leaving a copy of the order or statement at
the dwelling house or usual place of abode of the person to be notified.
(2) In the event service is not obtained by a means
described above after reasonable effort, service may be made by publishing
a notice of the order or statement at least two (2) times in a newspaper
authorized by law to publish notices, which is published in the county
where the unsafe premises are located. Publication may be made on consecutive
days.
(3) When service is made by any of the means described
in this section except by mailing or by publication, the person making
service shall make an affidavit stating that he has made the service,
the manner in which made, to whom the order or statement was issue,
the nature of the order or statement, and the date of service. The affidavit
shall be placed on file in the office of the Town Hall, Town of Kentland.
(4) The time when notice of the order or statement
is deemed given is as follows:
(a) In case of personal delivery or leaving at
the dwelling house or usual place of abode, the day when the order
or statement is delivered to the person or left at his dwelling house
or usual place of abode;
(b) In the case of mailing, the date shown on the
return receipt, or if no date is shown, the date when the return receipt
is received by the office of the Town Board;
(c) In the case of publication, the date of the
second day that publication was made.
(Ord. No. 82-7-12, ~8)
(j) Hearings Notice-Procedure.
A hearing shall be held relative to each order. The bearing shall he
conducted by the Town Board.
The hearing shall be held on a business day no earlier than ten calendar
days after notice the order is given. The Town Board may however, take
action at a hearing to continue the hearing relative to the order so that
it will be held on a later business day. Unless the Town board takes action
to have the continued hearing held on a definite, specified date, notice
of the hearing shall be given to the person to whom the order was issued
at least five (5) calendar days before the hearing date in the manner
provided by Sub-section (i) of this Section.
The person to whom the order was issued, or any person having a substantial
property interest in the unsafe premises whirbc are the subject of the
order may appear in person or by counsel at the hearing. Such person shall
have the opportunity to present evidence, cross-examine opposing witnesses,
and make argument.
At the conclusion of any hearing at which a continuance is not granted
the Town Board may, irrespective of whether such person does or does not
appear at the hearing, make findings and take action to either:
(1) affirm the order, or
(2) rescind the order, or
(3) modify the order, provided, however, that unless
the person to whom the order was issued, or counsel for such person,
is present at the hearing, the Town Roard shall have authority only
to modify the order in such manner as to make its terms less stringent.
If a person to whom an order has been issued requests at a hearing a
period of time to accomplish action beyond that time stated in the order,
the Town Board may, as a condition for modifying the order to allow the
additional time period require that the person post a cash performance
bond to be forfeited in the event that the ordered action is not completed
within the additional time period allowed. The amount of such bond shall
be equal to thirty percent (30%) of the value of the services and materials
required to accomplish the ordered action.
The record of the findings made and action taken by the Town Board at
the hearing shall be available to the public upon request. No provision
in this Section shall be construed to require affirmative action by the
Town Board at the hearing to the person to whom the order was issued,
or any other person.
(Ord. No. 82-1-12, §9)
(k) Judicial Review.
An action for judicial review of any proceedings under this ordinance
may be taken pursuant to the provisions of I.C. 36-7-9-9.
(Ord. No. 82-7-12, §10)
(1) Recording Orders, Statements and Records, Effect
Orders issued in accordance with Sub-sections (d) or (g) of this Section,
statements of rescission issued in accordance with Sub-section (h),
statements that public bids are to be let as provided in Sub-section
(p), and records of action taken by the Town board in accordance with
sub-section (j), shall be recorded in the Office of the Recorder of
the County by the Town Board at no charge.
The effect of orders and administrative acts under this ordinance upon
property interest in unsafe premises shall be governed by the provisions
of I.C 36-7-9-27 and I.C. 36-7-9-28
(Ord. No. 82-7-12, §11)
(m) Emergency Action.
If in any instance the Town Board shall find that it is necessary to
take emergency action with reference to an unsafe premises in order to
protect life, safety, or property, the Town Board may cause such action
as is necessary to protect life, safety, or property to be performed without
issuing an order or giving notice.
Such emergency action shall be limited to removing any immediate danger.
The costs incurred by the Town Board in taking or having such action taken
may be recovered against the persons who have a fee interest or life estate
interest in the unsafe premises by the filing of a civil action fn the
circuit or superior court of the County by the Town.
(Ord. No.82-7-12, §12)
(n) Receivers.
Eligibility for appointment as a receiver for unsafe premises, and powers
and other matters concerned with receivership under this ordinance shall
be governed by the provisions of I.C. 36-7-9-21.
(Ord. No. 82-7-12, §13)
(o) Performance by Contractor Public Bids Procedure Notice.
(1) The Town Board may cause the action required by an order to be
performed by a contractor if the following has occurred:
(a) An order has been issued to each person having a substantial
property interest in the unsafe premises; and
(b) Service of an order in the manner provided by Sub-section (i)
of this Section has been made on each person having a substantial
property interest in the unsafe premises which are the subject of
the order; and
(c) Each of the orders have been affirmed or modified at hearing
in such manner that all persons having a substantial property interest
in the unsafe premises which are the subject of each of the orders
are currently subject to an order requiring the accomplishment of
substantially identical action; and
(d) The order, as affirmed or modified at the hearing, has not been
complied with, or, having once been complied with, is not now being
complied with; and
(e) The order is not being reviewed in accordance with Sub-section
(k) of this Section.
(2) Such work shall he let out at public bid to a contractor licensed
and duly qualified under the laws of the State of Tndianaand any applicable
municipal ordinances.
(3) All persons with a substantial property interest in the unsafe
building shall be notified about the public bid in accordance with sub-section
(i) of this section by means of a written statement, which shall include
the following information:
(a) The name of the person to whom the order was
issued;
(b) A legal description or address of the unsafe
premises that are the subject of the order;
(c) A statement that a contract is to be let at
public hid to a licensed contractor to accomplish work to comply with
the order;
(d) A description of work to be accomplished;
(e) A statement that both the bid price of the
Licensed Contractor who accomplishes the work and an amount representing
a reasonable estimate of the cost incurred by the Town Board in processing
the matter of the unsafe premises, may, if not paid, be recorded after
a hearing as a lien against all Persons having a fee interest or life
estate interest in the unsafe premises;
(f) A statement that the owner has the right to
elect in writing within a period of five (5) calendar days to retain
any or all materials salvaged from the work;
(g) The time of the bid opening;
(h) The place of the bid opening;
(i) The name, address and telephone numbers of
the members of the Town Board.
(4) If service of the notice of statement that public
bids are to be let is by publication, the publication shall include
the information provided for in paragraph (3) except that it need only
include a general description of the work to be accomplished. The publication
also shall include a statement that a copy of the statement of public
bid may be obtained from the office of the Town Board.
(5) Notice of the statement that public bids are
to be let shall he given all persons having a substantial property interest
in the property at least ten (10) calendar days before the date of the
public bid.
(6) Persons having a substantial property interest
in the unsafe premises which are the subject of a statement that public
bids are to be let may, as their interest allows, within a period of
five (5) calendar days after they- have received notice of such statement,
elect by sending a statement in writing to the Town Board to retain
any or all of the materials resulting or salvaged from such work. In
the absence of such a statement, the Town Board may decide the method
of disposal of such materials.
(7) If action in accordance with this section is
being taken on of an order which was served by publication, it shall
be to serve the statement that public bids are to be let by unless the
Town Board has received information in writing that it to make service
in accordance with Sub-section (i) of this method other than publication.
(Ord. No. 82-7-12, §14)
(p) Performance by Contractors. Liability of Owners,
Lien, Enforcement.
When an order is performed by a contractor in accordance with sub-section
(o) of this Section, any person or persons who have a fee interest or
life estate interest in the unsafe premises shall be obligated to pay
the following costs:
(1) The bid price of work accomplished by the contractor
in accordance with Sub-section (o) of this Section.
(2) An amount which represents reasonable forecast
a average processing expense which will be incurred by the Town Board
in taking all the technical, administrative and typical unsafe premises
which are necessary under this ordiance so that the action required
by an order may be performed by a contractor in accordance with Sub-section
(o).
The calculation of amounts under this Section,and and the perfection
enforcement of liens for those amounts, shall be governed by the provisions
of I.C. 36-7-9-13 and I.C. 36-7-9-14
(Ord. No. 82-7-12, §15)
(q) Funds and Financial Adminstration.
All funds and financial administration for the implementation and administration
of this Section shall be governed by the provisions of I.C. 36-7-9-14
and I.C. 36-7-9-15 and other applicable state law.
(Ord. No. 82-7-12, §16)
(r) Inspection Warrants.
In those cases in which the owners or those in possession of the building
refuse inspection, an inspection officer or representative of the Town
Board may obtain an inspection warrant from any court of record in the
county in which the building is located in order to determine if the building
is an unsafe building. The court shall issue the warrant subject to, and
in accordance with, the provisions of I.C. 36-7-9-16.
(Ord. No. 82-7-12, §17)
(s) Civil Action by Town.
The Town many initiate a civil action with regard to unsafe premises
for the purposes of accomplishing the objectives and purposes of this
Section and the State Law. The civil action shall be governed by the provisions
of I.C. 236-7-9-17~
(Ord. No. 82-7-12, §18).
(t) Violations Penalties.
Any person who shall remain in, use or enter any building or structure
in violation of an order; or willfully interfere with or delay the carrying
out of an order; or violate any provision of this chapter by willfully
obstructing, delaying, damaging, injuring, or interfering with any persons
engaged or property used in performing any work or duty under or authorized
by this chapter; for fail to comply with the requirements of I.C. 36-7-9-28,
shall be deemed in violation of this Section, and upon conviction shall
he fined in a gum not to exceed one hundred ($100.00) dollars, and each
day that the violation shall continue to exist, or each distinct repetition
of any violation, shall constitute a separate offense.
(Ord. No. 82-7-12, ~19)
Sec. 6-45 - 6-48 Reserved for Future Use
Article 2 - Public Nuisances
Sec. 6-49 Nuisances in General.
Every person who shall erect, maintain, continue public nuisance to the
injury, annoyance, or hurt citizens any of any part of the of the Town
shall upon conviction shall be fined any sum not exceeding ten dollars
($10.00).
(Ord. No. 40, l8~)
Sec. 6-50 Scattering Trash on Private
Property Prohibited, Nuisance.
(a) Definition of Nuisance.
For the purposes of this Section, the term "nuisance" is defined
to mean any condition or use of premises or of byilding exteriors which
is detrimental to the property of others or which causes or tends to cause
substantial diminution in the value of other property in the neighborhood
in which such premises are located. This includes, but is not limited
to, the keeping or the depositing on, or the scattering over the premises
of any of the following:
(a) Lumber, junk, trash, or debris;
(b) Abandoned, discarded or unused objects or equipment such as automobiles,
furniture, stoves, refrigerators, freezers, cans or containers.
(Ord. No. 12-10-73, ~l)
(b) Duty of Maintenance of Private Property.
No person owning, leasing, occupying or having charge
of any premises shall maintain or keep any nuisance thereon, nor shall
any such person keep or maintain such premises in a manner causing substantial
diminution in the value of the other property in the neighborhood in which
such premises are located.
(Ord. No. 12-10-73, ~2)
(c) Exterior Storage of Nonoperating Vehicles Prohibited.
No person in charge of or in control of premises, whether
as owner, lessee, tenant, occupant or otherwise shall allow any partially
dismantled, wrecked, junked, discarded or otherwise nonoperating motor
vehicle to remain on such property longer than ten (10) days; and no person
shall leave any such vehicle on any property within th town for a longer
time than ten (10) days; except that this Sub-section shall not apply
with regard to any vehicle in an enclosed building or so located upon
the premises as not to be readily visible from any public place or from
any surrounding private property. This Section shall further not apply
with regard to any vehicle on the premises of a business enterprise operated
in a lawful place, other than in a residential district, and operated
in a lawful manner, when the keeping of maintenance of such vehicle is
necessary to the operation of such business enterprise; or with regard
to a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the town or any other public agency or
entity.
(Ord. No. 12-10-73, ~3)
(d) Enforcement. Enforcement
of this Section may he accomplished by the Town in any manner authorized
by law, and in addition, any person who by reason of another's violation
of any provision of this Section, suffers special damage to himself different
from that suffered by other property owners throughout the town generally,
may bring an action to enjoin or otherwise abate an existing violation.
(Ord. No. 12-10-73, ~4)
Ordinance 98-07-03 Amendment
to Article 2, Section 6-51
Sec. 6-51 - 6-54 Reserved for Future Use
Sec. 6-55 Weed Control Regulation.
(a) It shall be unlawful for any owner proprieter,
tenant or occupant of any lot, or tract of land wholly or in part within
the corporate limits of the town, to allow suffer or permit weeds, briers,
willows, or noxious plants of any kind or character to be, remain, or
grow along or upon the one-half part or portion of any street, alley or
public highway adjacent to or bordering on any such lot or tract of land.
(Ord. No. 183, §1, 1919)
(b) It shall hereafter be unlawful for any owner, proprieter,
tenant or occupant of any lot or tract of land wholly or in part within
the corporate limits of the Town to allow, suffer or permit any tin,cans,
glass, brush, rubbish, or debris of any kind or character, to be or remain
along or upon the one half part or portion of any street, alley or public
highway adjacent to or bordering on any lot or tract of land.
(Ord. No. 183, §2, 1919)
(c) Any owner, proprieter, tenant, or occupant of any
lot or tract of land wholly or in part within the corporate limits of
the Town, who shall violate any of the provisions of this Section shall
upon conviction thereof be fined in any sum not exceeding ten dollars
($10.00), and may be subject to the provisions of I.C. 36-7-10-3, 1919
1 I.C. 36-8-2-4 authorizes units of
government to regulate conduct and property for public health, safety,
and welfare reasons.
2 I.C. 31-6-4-2 addresses curfew
regulations, and permits Towns to advance the curfew time by not more
than one (1) hour for public safety
3 I. C. 36-8-2-4 authorizes units
of government to regulate conduct which may endanger the public health,
safety, and welfare.
4IC. 36-8-2-8 authorizes a Town to
regulate any generation of sound.
5 IC.. 36-8-2-8 authorizes Towns
to regulate the intr6d~ction of substance or odor into the air.
6 I.C. 9-9-1.1-1 through 9-9-1.1-16
sets forth the State S abandoned vehicle law.
7 36-7-10-3 authorites Towns to charge
for the removal of weeds and rank vegetation and have the same collected
as taxes.
|
