Ordinance No. 80-1
AN ORDINANCE PROHIBITING PUBLIC NUISANCES
Be it ordained by the Board of Trustees of the Town of Hillsboro, as follows:
Section 1. In addition to what is declared in the Ordinance to be a public nuisance, those offences which are known to the common law and the Statutes of Indiana as public nuisance, may in case any thereof exist within the Town limits, be treated a such and be against as is provided in this Ordinance, or in accordance with any other provision of the law wherever the word “nuisance” is used in this ordinance it refers to a public nuisance.
Section 2. Whenever the singular of the word person, owner, occupant, tenant, agent representative, company, corporation, or any other word referring to a person or entity subject to this Ordinance is used, the use thereof shall likewise include the plural of such word and likewise when the plural of such word is used, it shall include the singular. Whenever the word person or persons is used to denote someone subject to the terms of this Ordinance, such word or words shall include companies, corporations, partnerships, and other legal entities, as the case may be.
Section 3. DEFINITIONS.
For the purpose of this Ordinance the definitions contained in this section shall be applied except when the context clearly indicated otherwise.
3a. Automobile - A vehicle , used to transport persons or property that is moved by an engine or motor that is a part of said vehicle, over streets, highways, tracks, or roads.
3b. Automobile Parts - Any portion or parts of any motor driven vehicle, whether used in the transportation of persons, animals, personal property or merchandise of any nature, that is detached from the automobile as a whole.
3c. Debris - Broken scattered remains of anything, such as tree limbs, bottles, appliances, building material, and paper, that would create an unkempt condition.
3d. Junk - Scraps, parts or obsolete pieces of anything including but not limited to metal, glass, paper, rags, tires, or other rubber products, wood, masonry, and plastics.
3e. Junk Vehicles - Any style or type of conveyance, whether for the transportation of persons or property that is unfit for further use as a vehicle that will conform to all the specifications required to pass a legal inspection; a conveyance not bearing a current license plate; or a conveyance that appears to be obsolete and derelict and that has been placed on blocks or jacks for a period exceeding 30 days.
3f. Noxious Weeds - Any weed, over 12” height, defined by the U.S.D.A. as of a prohibited or restricted nature and includes but is not limited to: Canadian and bull thistles, bind weed, wild garlic, wild grasses, such as crab, johnson, pepper, and quack giant fox tail, winter crest, buckhorn, corn cockle, curled dock, dodder, horse nettle, oxeye daisy, penny crest, wild mustard, and horse weeds.
3g. Rags - Cloth products of any such nature whether wearing apparel, bed clothing, towels or other, usually in a dilapidated state or otherwise discontinued from use.
3h. Scrap Lumber - Anything of a wood nature that could not be construed as suitable for building in the commonly accepted manner.
3i. Scrap Metal - Pieces or parts of steel, iron, tin, zinc, copper, aluminum, or any alloy. Any pieces or parts of metal covered with porcelain, paint, or other material shall be considered scrap.
3j. Scrap Paper - Paper of any kind whether loose, baled, or bundled. and includes but is not limited to: boxes, whether assembled or knocked down; newspapers, in whole or in part; wrapping paper, loose or in a roll whether it be brown, waxed, white, or any color; plastics such as visqueen, saran wrap and such.
Section 4. For the purpose of this Ordinance, it shall not be essential that the Nuisance be created or contributed to by the owner, or tenants, or their agents or representatives, but it shall suffice if the nuisance be contributed to by licensees, invitees, and guests, habitual trespassers, or other persons whose presence on the premises is subject to the control of the conduct they have been made aware or ought to become aware by the exercise of reasonable care.
Section 5. It shall be unlawful, inside the corporation boundaries of the Town of Hillsboro, IN, for any person, firm, partnership or corporation:
5a. To store or keep junk vehicles or automobile parts on a public right-of -way or on a public right of way or on a private or public lot exposed to the view of the general public.
5b. To put, throw , dump, leave or deposit or to cause or allow the putting, throwing, dumping, leaving, or depositing of junk, scrap of any kind, rags, debris, or junk vehicles in or upon or within the limits of any street, alley, sidewalk, thoroughfare or public way.
5c. To allow any premises owned, occupied or controlled by him to become or remain in a filthy condition or the permission of the use or occupation of same in such a manner as to create noxious or offensive smells or odors in connection therewith, or the allowance of the accumulation or creation of scrap, junk, rags, or other unwholesome and offensive matter or the allowance of the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing in the vicinity.
5d. To permit any building, house, or structure owned by same to become so out of repair and dilapidated that it constitutes a fire hazard liable to catch on fire or communicate fire because of its condition and lack of repair or that due lack of adequate maintenance or neglect it endangers the public health, welfare or safety, or materially devalues and interferes with the peaceful enjoyment by owners or occupants of adjacent property.
5e. To erect, use or maintain a dwelling which is unfit for human habitation. a “dwelling” shall include any part of any building or its premises used as a place of residence or habitation or for sleeping by any person. A dwelling is “unfit for human habitation” when it is dangerous or detrimental to life or health because of want of repair , defects in the drainage , plumbing . lighting, ventilation or construction, infection with contagious disease, or the existence on the premises of an unsanitary condition likely to cause sickness among occupants of the dwelling.
5f. To cause or allow any tree, stack or other object to remain standing upon such premises in such circumstance that it shall , if the condition is suffered to continue, endanger the life, limb or property or cause hurt, damage or injury to persons or property upon the public streets or public ways adjacent thereto, by the falling thereof or parts thereof.
5g. To permit to emit from premises into the surrounding atmosphere such odors, dusts, smoke or other debris as to render ordinary use or physical occupation of other property in the vicinity uncomfortable or impossible.
5h. To allow any pool of stagnant water to accumulate and stand on any property.
5i. To make or cause to be made any noise noxious enough to destroy the enjoyment of dwelling houses or other uses of property in the vicinity by interfering with the ordinary comforts of human existence, including but not limited to continual pounding, continual barking by one or more dogs, unnecessary sounding of horns , racing the motor or causing the screeching or squalling of tires on any vehicles, radios or phonographs or televisions, and sound tracks or public address systems.
5j. To cause or allow debris, junk, noxious weeds, such an accumulation on any premises of filth, trash, garbage or other waste materials that it endangers the public health, welfare or safety or materially interferes with the peaceful enjoyment by owners or occupants of adjacent property because of the danger of its catching or communicating fire, its attracting and propagating vermin, rodents or insects or its blowing into any street, sidewalk or property of another. It shall be the duty of the persons owning or being in charge of those business establishments whose patrons purchase goods or services from their automobiles, commonly known as “drive-ins”, to furnish sufficient covered receptacles for the deposit of wastes created in the operation of such business, and to clean up such wastes as are not deposited in receptacles at the close of business each day (if such business operates continuously, at least one each day) and at such other times when weather conditions are such that waste from the operation of such business is being blown to adjoining premises.
5k. It shall be the duty of every owner, occupant or persons in charge of any lot of land within the Town to cause noxious weeds to be destroyed by spraying with a chemical approved by the Board of Trustees or by cutting them or digging them under.
Section 6. ADMINISTRATION AND ENFORCEMENT
6a. In any case where any nuisance may exist, it shall be he duty of the Town Marshal at the direction of the Board of Trustees to serve notice upon the owner of the premises where such nuisance exists and upon any other person so causing such nuisance to abate such nuisance within thirty (30) days of said notice.
6b. If the owner , occupant and any other person or entity served with a notice to abate the nuisance shall refuse or neglect to abate such nuisance within the designated time:
6b -1 Such person , persons, or entity shall be subject to the penalties provided in Section 9 of this Ordinance; and
6b-2 In addition thereto, the Board of Trustees may remove or cause to be removed or do or cause to be done such other acts as are necessary and reasonable to abate said nuisance, and the Town Clerk 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 Town Marshal, or by certified mail, or where appropriate, by publication, provided such owner shall have been served with notice as provided in Sub-section (6a) and such owner shall have not more than ten (10) days within which to pay said amount to the Treasurer of the Town of Hillsboro. If such owner failed to pay sum within the prescribed time, a certified copy of the statement of such costs shall be filed in the Auditor’s office of Fountain County wherein said real estate is located, and the said Auditor shall place the amount so claimed on the tax duplicate against the real estate of the owner affected by said work, and the same shall be collected as taxes are collected or said costs may be collected by suit; or
6b- 3 The Board of Trustees may cause such nuisance to be abated in any manner authorized by law including the institution in the name of the Town of Hillsboro against the owner , occupant or other person, of any action therefore and for the recovery of the amount of expense of such abatement.
6c. The requirement for service of notice under the provisions of this section of this Ordinance may be complied with by the certified mailing of such notice to the person or persons sought to be notified, provided, however, that names the real estate taxes on said real estate are shown on record in the office of the Auditor of Fountain County, wherein said real estate is located, by registered or certified mail to the last known address of the person or persons sought to be notified. or when the address of such persons or persons is unknown, by publication of said notice once each week for three consecutive weeks in a newspaper of Countywide circulation, published in Fountain County.
Section 7. For the purpose of carrying the provisions of this Ordinance into effect, it is hereby made the duty of all officers and employees of the Town to report the existence of nuisances to the Board of Trustees or the Town Marshal and for this purpose the Town Marshal or other employees designated by the Board of Trustees, after reasonable notice to the occupant and at reasonable times, shall be permitted to visit, enter into or upon any building, lot, grounds, or premises, within the limits of the Town to investigate complaints of any such nuisance and to make examination thereof.
Section 8. If any clause, sentence, section, paragraph or part of this Ordinance shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance, but shall be confined in its operation the clause, sentence, section, paragraph , or part thereof, which is directly involved in the controversy in which such judgement shall have been rendered.
Section 9. Any person, firm or corporation who violate any of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not less than Ten Dollars ($10.00) and not more than Three Hundred Dollars ($300.00). Each day the violation continues shall constitute separate offenses.
Section 10. All ordinances, or parts thereof , in conflict with the provisions of this Ordinance are hereby repealed.
Section 11. This Ordinance shall be in full force and effect from the date of its passage by the Board of Trustees of the Town of Hillsboro and its publication, all in accordance with the law.