Chapter 8.16
NUISANCES
Sections:
8.16.010 Abandoned refrigerators.
8.16.020 Weeds and rank vegetation.
8.16.025 Removal of weeds and/or rank vegetation by the Department.
8.16.040 Abandoned Watercraft.
8.16.010 Abandoned refrigerators.
A. No person shall leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of the icebox, refrigerator or container.
B. No person shall leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded icebox, refrigerator, or any other container of any kind which has an airtight snap lock or other device thereon without first removing the snap lock or doors from the icebox, refrigerator or container. Any icebox, refrigerator or other container, with or without these doors, so found, may be impounded by any police officer.
(Prior code § 91.01)
8.16.020 Weeds and rank vegetation.
(8.16.020: Ord. 10-11-005, amended, 4/3/2012, replaced section in its entirety with 8.16.021 through 8.16.025. Amended 8/08/2006, Replaced subsection in its entirety. Amended, 06/14/2005, Subsection 1 of Subsection B & Subsection D were amended. Subsection E was added.)
8.16.021 Definitions.
For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Department” refers to the County Highway Department, which shall have the responsibility of administering this article.
“Enforcement authority” refers to the chief administrative officer of the Department authorized to enforce the removal of weeds and rank vegetation, or his or her designee.
“Owner” refers to the owner of record, as found in the records of the Vanderburgh County Recorder’s office.
“Owner’s address” refers to the most recent mailing address of the owner and being that address to which the County Treasurer sends tax duplicates.
“Person responsible” shall mean tenant or occupant of the premises who has in writing agreed to be responsible for cutting the weeds or removal of the rank vegetation.
“Rank vegetation” refers to any plant growth, which is or may be harmful to the senses, health or well-being of citizens of the jurisdiction.
“Weeds” refers to 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 or other agricultural products. Pursuant to IC 36-7-10.1-3, “weeds” and “rank vegetation” do not include agricultural crops, such as hay and pasture. In addition “weeds” and “rank vegetation” shall not include agricultural products and practices so long as the established plantings are comprised of native background vegetation or other recommended species perpetually and appropriately maintained in a structured program to establish, enhance and preserve natural habitat and soil and water resources in accordance with recommendations and guidelines provided by pertinent federal, state, or local regulatory agencies. Further, “weeds” and “rank vegetation” shall not include certified rain gardens, wildflower plantings, green roofs, backyard habitats, and shade gardens.
(Ord. 10-11-005 § 1, added, 4/3/2012)
8.16.022 Prohibitions.
(A) No owner of real property shall allow any growth of grass or weeds in excess of nine inches in height upon his property.
(B) No owner of real property shall allow the growth of rank vegetation upon his property.
(C) When a complaint alleging a violation of this chapter is received by the Department from any person, or through its own employees, if it is determined that an inspector needs to enter the property to complete an inspection, the Department shall seek approval, through an administrative search warrant (see IC 36-7-9-16) or other court order, from a court of law to enter onto any occupied property and make an inspection if the owner or other person in control of the property does not voluntarily give permission to enter the property to make the inspection. The search shall be limited to the places pertinent to the complaint or as outlined in the inspection warrant. No such administrative search warrant or other court approval shall be necessary if the inspection can be made from a public sidewalk, street, alley or other public place or from adjoining property with that owner’s permission, or if the premises is abandoned. The Department shall document any violation of this ordinance and issue a notice to the owner to cut the weeds or cut or remove the rank vegetation within 10 calendar days. The notice becomes final 10 days after notice is given.
(Ord. 10-11-005 § 1, added, 4/3/2012)
8.16.023 Notice of violation.
(A) Notice to Owner – Content. For any property found to be in violation of subsection 8.16.022, the Department may issue a notice to remove weeds and/or rank vegetation to the owner notifying the owner of the violation and giving the owner 10 calendar days to abate the violation. Said notice shall also state the amount of penalty included if the violation is not abated within the 10 days. If the violation is corrected by the owner or other responsible party within 10 days, no further action will be taken and no penalty imposed.
(B) Manner of Service. The notice to remove weeds and/or rank vegetation shall be in writing and shall be served on the owner of the property in at least two of the following manners: delivery in person, by first class mail, and/or by placement of the notice to remove weeds and/or rank vegetation in a conspicuous place on the property where a violation occurs. As outlined in IC 36-7-10.1-3, the notice shall also state:
(1) The location of the violation;
(2) The nature of the violation;
(3) The time period for correcting the violation;
(4) The remedy that the Department may seek for the violation.
Any notices to be given hereunder by first class mail shall be deemed sufficiently given when placed in an envelope directed to the owner at the owner’s address as defined in subsection 8.16.021 and deposited in a United States Post Office mailbox postage prepaid.
(C) Emergency Action. No section of this Code shall prevent the Department from executing emergency action as set forth in IC 36-7-9-9.
(Ord. 10-11-005 § 1, added, 4/3/2012)
8.16.024 Penalties.
Any owner or occupant of any lot or ground within Vanderburgh County, after notice has been served upon him as provided in Section 8.16.023, who shall fail to comply with the order of the Department within ten (10) days thereafter shall be fined not more than one hundred dollars ($100.00) and costs for the first violation; two hundred and fifty dollars ($250.00) and costs for the second violation; and five hundred dollars ($500.00) and costs for all subsequent violations.
(Ord. 10-11-005 § 1, added, 4/3/2012)
8.16.025 Removal of weeds and/or rank vegetation by the Department.
A) If the violation has not been abated by the owner as noticed, the Department may enter the property and abate the violation utilizing its own employees and equipment or a contractor engaged by the Department pursuant to a public bidding process. The Department or its contractor shall not be responsible for the removal of any trees, bushes, shrubs, ornamental plants, or agricultural plants cultivated in an orderly manner for the purpose of producing food.
B) The Department may issue an invoice to the owner or occupant of the real estate for the costs incurred in removing the weeds or rank vegetation, including administrative costs and penalties pursuant to subsection 8.16.024. If the owner or occupant of the real estate fails to pay an invoice issued under this section, the Department may, after thirty (30) days, certify to the county auditor the amount of the actual cost of removal. The county auditor shall thereupon place the amount of the cost of removal of the weeds or rank vegetation plus administrative costs on the tax duplicate as a charge against the owner or occupant of the real estate. The cost shall be a lien thereon and shall be collected by the county treasurer at the same time and in the same manner as taxes due the county and state are collected.
(C) Pursuant to I.C. 36-7-10.1-5, all funds collected by the County Treasurer or the Department as a result of the weed and rank vegetation removal enforcement efforts by the Department shall be disbursed into the Department Weed and Rank Vegetation Removal Fund established hereunder and such funds shall be used by the Department for weed and rank vegetation removal related purposes, including the purchase and upkeep of maintenance required equipment for the Department.
(Ord. 08-17-017, Amended, 8/1/2017; Ord. 10-11-005 § 1, added, 4/3/2012)
8.16.030 Violation--Penalty.
A. Whoever violates any provision of Section 8.16.010 shall be fined not more than two thousand five hundred dollars ($2,500.00) and costs. Every day the violation shall occur shall constitute a separate offense.
(Ord. 10-11-005 § 1, amended, 4/3/2012; Amended 8/8/2006, Replace “Building Commissioner” in subsection B with “County Highway Department”) (Prior code § 91.99)
8.16.040 Abandoned Watercraft.
A. “Abandoned watercraft” means the following:
1. A watercraft located on public property illegally.
2. A watercraft left on public property without being moved for three (3) days.
3. A watercraft located on public property in such a manner as to constitute a hazard.
4. A watercraft that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight (48) hours.
5. A watercraft that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this Chapter if the impounded watercraft is not claimed or redeemed by the owner or the owner’s agent within twenty (20) days after the watercraft’s removal.
6. A watercraft that is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than sixty (60) days.
B. Any watercraft found abandoned in Vanderburgh County shall be taken up by the county in accordance with the county’s procedures for the removal of abandoned vehicles; as codified in Section 10.50.010, et. seq.
C. Violation of this Chapter - Private Property
1. It shall be unlawful for any person to keep, park, or store any abandoned watercraft, or parts thereof, as defined by this Chapter, outside of a garage or other enclosure so as to be exposed to public view.
a. The storage of any watercraft within public view that does not have attached to it current and valid registration numbers shall be held prima facie to be in violation of the provisions of this Chapter.
b. A person violating any provision of this Chapter shall be fined by the County an amount of up to $1,000 for a first violation, and up to $2,500 for a second or subsequent violation. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be fined as such. Such fine shall be enforceable as a civil action in Vanderburgh County.
D. The Vanderburgh County Board of Commissioners is hereby authorized to enter into towing contracts, employ personnel, and acquire equipment, property, and facilities, subject to appropriation, for the purpose of removal, storage, and disposition of abandoned watercraft and parts.
E. Sale of watercraft and recovery of maintenance costs; procedure
1. To sell a watercraft and recover charges, Vanderburgh County must do the following:
a. Perform a search of watercraft titles for the name and address of the owner of the watercraft and the name and address of any person holding a lien or security interest on the watercraft. The search required by this subdivision must be conducted in the following order:
i. First, in the records of the state of registration as indicated on the exterior of the watercraft.
ii. Second, in the United States Coast Guard registration records maintained by the National Vessel Documentation Center.
iii. Third, in the records of the motor vehicles of the state of registration.
2. After receiving the results of the search required by subdivision (1), give notice by certified mail, return receipt requested, or in person, to the last known address of the owner of the watercraft, to any lien holder with a perfected security interest in the watercraft, and to all other persons known to claim an interest in the watercraft. The notice must include an itemized statement of the charges, a description of the watercraft, a demand for payment within a specified time not less than ten (10) days after receipt of the notice, and a conspicuous statement that unless the charges are paid within that time, the watercraft will be advertised for sale and sold by auction at a specified time and place.
3. Advertise that the watercraft will be sold at public auction. The advertisement of sale must be published once a week for two (2) consecutive weeks in a newspaper of general circulation in Vanderburgh County where the watercraft has been left without permission. The advertisement must include a description of the watercraft, the name of the person on whose account the watercraft is being held, and the time and place of the sale. The sale must take place at least fifteen (15) days after the first publication.
4. Conduct an auction sale, not less than thirty (30) days after the return receipt is received by the county.
F. Fees
1. The following fees and charges are hereby imposed upon the owner of an abandoned watercraft or parts, or upon a lienholder seeking to obtain possession of the watercraft or parts, when any watercraft or parts is towed, removed, stored, or impounded pursuant to this subchapter, and said fee shall be paid before the owner or lienholder is entitled to reclaim the watercraft.
a. A processing charge of $25.00.
b. A towing charge not to exceed $100.00.
c. A storage charge of $10.00 per day or any part thereof.
d. A purchaser at auction shall be furnished a bill of sale for each abandoned watercraft sold by the County. The fee for the bill of sale is:
|
Fee |
Sale Price |
|---|---|
|
$20.00 |
Less than $99.99 |
|
$35.00 |
$100.00 to $499.99 |
|
$50.00 |
$500.00 to $999.99 |
|
$75.00 |
$1,000.00 & Up |
(8.16.040 Added 8/08/2006)