Chapter 9.55
NUISANCES
Sections:
Article I. General Provisions
9.55.020 Illustrative enumeration.
9.55.030 Maintenance of nuisances prohibited.
9.55.080 Recovery of city’s costs.
9.55.090 Provisions supplemental.
Article II. Weeds and Other Rank Vegetation
9.55.110 Authority to require removal.
9.55.130 Removal by town or its contractual agent or designee – Billing of costs.
9.55.140 Collection of costs upon removal by town.
Statutory reference: Municipal home rule, see IC 36-1-3-1 et seq. Power to regulate public health, safety, and welfare, see IC 36-8-2-4.
Article I. General Provisions
9.55.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Nuisance” means the doing of an unlawful act, or the omitting to perform a duty, or the suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
(A) Injures or endangers the comfort, repose, health or safety of others; or
(B) Offends decency; or
(C) Is offensive to the senses; or
(D) Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage; or
(E) In any way renders other persons insecure in life or the use of property; or
(F) Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others. [Code 1983 § 12-1; Code 2000 § 94.01].
9.55.020 Illustrative enumeration.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(A) Noxious weeds and other rank vegetation.
(B) Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
(C) Any condition which provides harborage for rats, mice, snakes and other vermin.
(D) Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation, kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(E) All unnecessary or unauthorized noises and annoying vibrations, including noises.
(F) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
(G) The carcasses of animals or fowl not disposed of within a reasonable time after death.
(H) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
(I) Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained.
(J) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(K) Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities.
(L) The unauthorized obstruction of any public street, road or sidewalk.
(M) Any abandoned vehicle. [Code 1983 § 12-2; Code 2000 § 94.02].
9.55.030 Maintenance of nuisances prohibited.
Any person who causes, permits, maintains or allows the creation or maintenance of a nuisance shall be punished as provided in this code. [Code 1983 § 12-3; Code 2000 § 94.03].
Penalty, see HMC 1.05.170.
9.55.040 Notice to abate.
Whenever a nuisance is found to exist within the town or within the town’s extraterritorial jurisdiction, a duly designated officer of the town may give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance. [Code 1983 § 12-4; Code 2000 § 94.04].
Statutory reference: Extraterritorial jurisdiction, see IC 36-8-2-4 and 36-8-2-13.
9.55.050 Contents of notice.
The notice to abate a nuisance issued under the provisions of this chapter contain:
(A) An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.
(B) The location of the nuisance, if the same is stationary.
(C) A description of what constitutes the nuisance.
(D) A statement of acts necessary to abate the nuisance.
(E) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the town may abate such nuisance and assess the cost thereof against such person. [Code 1983 § 12-5; Code 2000 § 94.05].
9.55.060 Service of notice.
The notice to abate a nuisance shall be served as authorized by law. [Code 1983 § 12-6; Code 2000 § 94.06].
9.55.070 Abatement by town.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, a duly designated officer or employee of the town may proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof. [Code 1983 § 12-7; Code 2000 § 94.07].
Statutory reference: Power of town to correct conditions which are in violation of ordinance, see IC 36-1-6-2.
9.55.080 Recovery of city’s costs.
(A) Any and all costs incurred by the town in the abatement of a nuisance under the provisions of this chapter shall constitute a lien against the property upon which such nuisance existed and shall be certified by the clerk-treasurer to the county auditor who shall cause such costs to be placed upon the tax duplicate of the owner of such property and such costs shall then be collected from the owner as other taxes are collected.
(B) In addition, such costs shall be a debt which may be collected by the town in an appropriate civil action. [Code 2000 § 94.08].
Statutory reference: Power of town to obtain lien for costs incurred in correcting ordinance violations, see IC 36-1-6-2.
9.55.090 Provisions supplemental.
The provisions of this chapter are hereby declared to be supplemental to all other ordinances of the town. [Code 1983 § 12-9; Code 2000 § 94.09].
Article II. Weeds and Other Rank Vegetation
9.55.100 Nuisance declared.
It shall be considered a public nuisance to allow any noxious, toxic, unhealthful, and thistle-type weeds and other rank vegetation to grow on any property within the town. [Ord. 858, 1981. Code 1983 § 12-21; Code 2000 § 94.20].
Statutory reference: Weed abatement, see IC 36-7-10.1-1 through 36-7-10.1-5.
9.55.110 Authority to require removal.
The town council shall have the power and authority to require the owners of real estate within the geographical limits of the town to cut and remove weeds and other rank vegetation growing thereon. [Ord. 858, 1981. Code 1983 § 12-22; Code 2000 § 94.21].
9.55.120 Notice to remove.
A five-day written notice to remove weeds or other rank vegetation pursuant to HMC 9.55.110 shall be issued by the director of public works and shall be served by the chief of police or his designee upon such land owner, or by registered or certified mail addressed to his last known residence address. [Ord. 858, 1981. Code 1983 § 12-23; Code 2000 § 94.22].
9.55.130 Removal by town or its contractual agent or designee – Billing of costs.
If the land owner fails to remove weeds or rank vegetation within the time prescribed in the notice issued pursuant to HMC 9.55.120, the town council, with its own employees, or by its contractual agent or designee, may enter upon such property and remove the weeds and rank vegetation, and the town clerk-treasurer shall make a certified statement of the actual costs incurred by the town in such removal, which statement shall be delivered to the owner of such real estate by the chief of police or his designee, or by registered mail, and such owner shall have not more than 10 days within which to pay such amount to the clerk-treasurer. [Ord. 858, 1981. Code 1983 § 12-24; Code 2000 § 94.23].
9.55.140 Collection of costs upon removal by town.
If the owner fails to pay the sum levied pursuant to this section for removal of weeds and vegetation by the town or its contractual agent or designee within the time prescribed in HMC 9.55.130, a certified copy of the statement of costs shall be filed in the auditor’s office of the county, and the auditor shall place the amounts so claimed on the tax duplicate against the land of the land owner affected by such work, and the same shall be collected as taxes are collected, and when so collected, shall be disbursed to the general fund of the town. [Ord. 858, 1981. Code 1983 § 12-25; Code 2000 § 94.24].