Chapter 8.30
JUNK AND UNWHOLESOME SUBSTANCES
Sections:
Article I. Operation of Junkyards and Storage of Junk
Article II. Unwholesome Substance
8.30.050 Removal of unwholesome matter and razing of unsafe buildings or structures – Enforcement.
Article I. Operation of Junkyards and Storage of Junk
8.30.010 Prohibiting.
It shall be unlawful for any person, firm or corporation to maintain or operate any junkyard or place where junk is stored, within the corporate limits of the town of Whitestown. [Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 2, § 1]
8.30.020 Penalty.
Each day’s violation of WMC 8.30.010 shall constitute a separate offense punishable by fine as provided for by the general penalty section of this code being WMC 1.05.100. [Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 2, § 2]
Article II. Unwholesome Substance
8.30.030 Adopting.
The town of Whitestown, by incorporation herein, does hereby adopt the terms and provisions of the unwholesome substance ordinance of Boone County, Indiana. [Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 3, § 1]
8.30.040 Definitions.
“Building or structure which is a menace to public health or safety” means any building or structure located in Boone County, Indiana, including any incorporated or unincorporated city or town therein, which, by virtue of its physical defects or general lack of care and maintenance has become a menace to public health or to the safety of persons who may live nearby or be attracted thereto and injured by virtue of such conditions and which building or structure because of such conditions is no longer reasonably or feasibly economical for repair and renovation to eliminate the menace to public health or safety.
“Health officer” shall mean the health officer of Boone County or his authorized representative.
“Person” shall mean and include any individual[,] firm, corporation, association or partnership.
“Unwholesome substance” shall mean any material or matter of any kind or nature, except that which is used, or to be used, for the purpose of enrichment of soil, which is permitted to become available as food for insects, vermin, or rodents, or to provide harborages or breeding places therefor, except those insects, vermin or rodents kept for lawful purposes. [Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 3, § 2]
8.30.050 Removal of unwholesome matter and razing of unsafe buildings or structures – Enforcement.
When the health officer shall determine that any person is accumulating, or permitting the accumulation of, any unwholesome matter or substance upon or in the premises owned or occupied by such person, in other than a lawful or sanitary manner, or owns a building or structure which has become a menace to public health or safety, the health officer shall order the removal of such unwholesome matter or substance from the premises within the period of time as deemed reasonable by the health officer under the circumstances, or order the razing of such building or structure which has become a menace to public health or safety within the period of time as deemed by the health officer under the circumstances. Such order shall be in writing and shall be delivered to such person, in person, or by mail to the last known address of such person. If such person fails or refuses to remove such unwholesome substances from the premises as ordered by the health officer, or his designee, said health officer, or his designee, shall seek a mandatory injunction from the Boone circuit court, or a court of competent jurisdiction, authorizing and ordering the removal and destruction of such unwholesome matter, or authorizing and ordering the razing and destruction of such building or structure, by the health officer of Boone County, Indiana. The expense of the removal and destruction of such unwholesome matter or substance, or the razing and destruction of such building or structure, shall be charged to the owner or occupant of the premises and immediately become a lien upon the premises. If such person fails to pay the charge for such expense by six months from the date of billing by the health officer of Boone County, Indiana, such amount and charge shall be certified by the health officer of Boone County, Indiana, to the auditor of Boone County, Indiana, who shall place the amount of such charge upon the tax duplicate and shall collect such amount as taxes are collected. Upon collection, such sum shall be paid into the general fund of Boone County, Indiana. [Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 3, § 3]
8.30.060 Complaints.
Complaints for violation of the terms of this chapter may be made by any person in writing, to the [chief of police], or board of town trustees who shall investigate and if probable cause exists, shall refer the same to the Boone County health officer or his designee for proper enforcement action. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 3, § 4]
8.30.070 Penalty.
In addition to the enforcement action brought by the Boone County health officer or his designee, violation of the terms of this chapter may be punished under WMC 1.05.100. [Ord. 1984-05 § 10. Prior code Title 3, Art. 3, Ch. 3, § 5]