Chapter 8.16
NUISANCES
Sections:
8.16.010 Abandoned refrigerators.
8.16.020 Weeds or noxious plants.
8.16.030 Violation--Penalty.
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 or noxious plants.
A. The growth of weeds or noxious plants within the county, being deemed injurious to public health, is declared to be a nuisance.
B. No owner or occupant of any lot or parcel of real estate located within the county shall permit said real estate to become overgrown with weeds or noxious plants. The following standards shall be the criteria used by the County Highway Department or the Board of Health in determining that weed growth is detrimental to or threatens public health or safety:
1. Where the real estate is located in a platted subdivision, grass or other vegetation in excess nine (9) inches in height shall be considered weeds.
2. In all other areas within Vanderburgh County, grass or other vegetation, excepting actively cultivated agricultural crop land, in excess of twelve 12 inches in height shall be considered weeds where:
a. The real estate is located within one hundred (100) feet of a county intersection;
b. The real estate is located within twenty-five (25) feet of a county right-of-way;
c. The real estate is located within three hundred (300) feet of any residential dwelling located in Vanderburgh County; or
d. The real estate is in such a condition that it creates a threat to public safety as a result of rodent, insect, reptile or mosquito harborage.
C. It is the duty of the County Highway Department to make reasonable inspections of vacant land within the county to determine whether or not any weeds or noxious plants have been permitted to grow thereon. Whenever weeds or noxious plants have been permitted to grow in a manner as to become injurious to public health, safety, or welfare, the County Highway Department shall cause notice to be sent to the owner or occupant of the land by registered mail ordering abatement or destruction of the weeds or noxious plants. In case the owner or occupant is unknown, the County Highway Department may cause the notice to be published by one insertion in each of two daily newspapers of general circulation in the county.
D. If the owner or occupant upon whom the notice required in subsection C of this section has been served fails to remove the weeds or noxious plants within ten (10) days from the date of mailing or the date of publication, as the case may be, the County Highway Department shall cause the weeds or noxious plants to be removed. The County Highway Department may issue a bill to the owner or occupant of the real estate for the costs incurred in removing the weeds or noxious plants, including administrative costs. (Ord. dated 8/24/92; prior code § 91.02)
E. If the owner or occupant of the real estate fails to pay a bill issued under subsection D of this section, the County Highway 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 noxious plants 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.
(8.16.020, 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.)
8.16.030 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.
B. Any owner or occupant of any lot or ground within the county, after notice has been served upon him as provided in Section 8.16.020, who shall fail to comply with the order of the County Highway Department within ten (10) days thereafter shall be fined not more than two thousand five hundred dollars ($2,500.00) and costs for each offense.
(8.16.030 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)