Chapter 8.05 HEALTH AND SANITATION

(B) It is the purpose of this article to effect the orderly and gradual implementation of a public safety plan for the provision of ambulance service to the citizens of the City of Evansville, Indiana (the “City”) and for the delegation of specific oversight to the Emergency Medical Services Oversight Committee (the “EMS Committee”). [Ord. G-2009-13 § 2, passed 8-24-09. 1983 Code § 9.93.01.]

8.05.002 Definitions.

For the purpose of this Uniform Ambulance Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Ambulance” means any conveyance on land or water that is used or is intended to be used for the purpose of providing patients with either emergency or nonemergency medical transportation. This definition does not include wheelchair vans or paratransit vehicles.

“Ambulance patient” means any ill, infirm or injured person transported in an ambulance to or from a hospital, physician’s office, nursing home or other health care facility.

“Ambulance service system” means an organized, fully coordinated and legally established network of individuals and organizations capable of effecting a fully coordinated response to every emergency medical incident, modified appropriately by the context of the competing demands upon the system at any point in time. Essential components include, but are not limited to, single point termination telephone access to the system; fully centralized professional dispatching and system status management by medically trained dispatchers in direct radio contact with every ambulance operating in the system and who have the full authority and responsibility to manage system response under all circumstances; compatible equipment inventories of first responders, basic life support units, and paramedic units; rapid first responder and paramedic unit response times to life-threatening emergencies; and continuous, orderly and routine physician supervision, evaluation and authoritative corrective action to ensure persistent upgrading of overall system performance.

“Common Medical Director” means a physician mutually agreed upon by the Evansville City Fire Department and provider who is contracted to provide medical oversight, approve medical protocols and assure medical quality standards and review processes are in place.

“Emergency Medical Services Oversight Committee (EMS Committee)” means an appropriately organized and authorized committee of the City whose members are selected and approved in accordance with the applicable City ordinance or regulation.

“Emergency Medical Services Provider” means the individual or company with which the City has contracted to provide ambulance services pursuant to this chapter.

“Emergency medical technician (EMT)” means an individual certified by the Indiana Emergency Medical Services Commission in accordance with Indiana Code 16-31 to provide emergency medical care at the scene of an accident, illness, or during transport, and certified by the medical director.

“EMS control center” means a single facility operated by the provider as the central communications center from which all ambulances subject to regulations pursuant to this chapter shall be dispatched and controlled at all times.

“Life-threatening emergency” means a situation posing immediate threat to human life or of long-term disability, including but not limited to acute respiratory distress, shock, airway blockage, bleeding beyond control, acute poisoning, acute cardiovascular distress, or central nervous system injury.

“Medical audit” means an official inquiry into the circumstances involving an ambulance run or request for service. No physician performing a medical audit shall have been directly involved in the care of the patient who is the subject of the audit. The medical audit procedure is intended to be educational and positive and not vindictive or punitive. Any individual whose actions are under review may not be excluded from the audit process and shall have the right to appear and be heard.

“Medical control” means direction given ambulance personnel by the Common Medical Director through direct voice contact, with or without vital sign telemetry, as required by applicable medical protocols.

“Medical first responder” means an individual who is trained in providing emergency medical care and is the first individual to respond to an incident requiring emergency medical services.

“Medical protocol” means any diagnosis-specific or problem-oriented written statement of standard procedure, or algorithm, approved by the EMS Committee and the Common Medical Director as the normal standard of pre-hospital care for a given clinical condition.

“Mutual aid call” means a request for emergency ambulance service issued by an ambulance dispatcher or crew in one political jurisdiction to an ambulance dispatcher or ambulance crew normally operating in a neighboring political jurisdiction.

“Paramedic” means an individual who is affiliated with a certified paramedic organization, has completed a prescribed course in advanced life support, and has been certified by the Indiana Emergency Medical Services Commission and approved by the Common Medical Director as knowledgeable of and competent to perform advanced life support procedures and the medical protocols established by the Common Medical Director.

“Response time” means the actual elapsed time between receipt of notification at the EMS control center that an EMS response is needed at a location and the arrival of that unit at the location.

“Senior paramedic in charge” means that individual among the certified personnel assigned to an ambulance, not the driver, who is a certified paramedic designated as the individual in command of the ambulance, its operation and any other persons assigned to the ambulance on a given shift. The employer of personnel in an ambulance shall designate the senior paramedic in charge of that ambulance. [Ord. G-2009-13 § 3, passed 8-24-09. 1983 Code § 9.93.02.]

8.05.003 Certain acts prohibited.

It shall be unlawful to:

(A) Perform duties as an ambulance driver, EMT, paramedic, or dispatcher without approval of the Common Medical Director;

(B) Permit a person to work as an ambulance driver, EMT, paramedic, or dispatcher without approval of the Common Medical Director;

(C) Use or cause to be used any ambulance service other than that established by this chapter unless exempted by the provisions of EMC 8.05.005;

(D) Provide ambulance services, emergency or nonemergency, within the area served by the City unless authorized by this chapter or exempted by the provisions of EMC 8.05.005;

(E) Knowingly give false information to induce the dispatch of an ambulance, medical first response unit, or rescue unit.

(F) City agrees to pursue legal action against any other ambulance service operator or person who violates the acts prohibited as above within this chapter or to protect the exclusive nature of the agreement between the City and the EMS Provider. The legal action contemplated under this chapter or exclusive agreement would include all reasonable action necessary to enforce this article and to protect the exclusive nature of the agreement between the City and the EMS Provider. The ability to stipulate as to the exclusive nature of the agreement is to Home Rule, as that the viability of a quality EMS service is imperative that the agreement be exclusive. [Ord. G-2009-13 § 4, passed 8-24-09. 1983 Code § 9.93.03.]

8.05.004 System status management plan.

The EMS Provider shall adopt a system status management plan which shall have as its goal the placement of EMS ambulances so as to meet the response time criteria agreed to by the EMS Committee and the EMS Provider. The plan shall state the minimum safe level of emergency response capacity which shall be maintained in the system at all times. This minimum level may differ by hours of day or day of week depending on the anticipated demand for EMS, but the plan shall ensure minimum safe response levels at all times. All providers shall be required to record all telephone and radio transmissions and maintain for 90 days the recordings of said transmissions. The providers must make said recordings available for medical audits or for the Common Medical Director at his discretion. [Ord. G-2009-13 § 5, passed 8-24-09. 1983 Code § 9.93.03/A.]

8.05.005 Exceptions.

The provisions of this chapter shall not apply to ambulances and their personnel which are:

(A) Owned and operated by an agency of the United States government.

(B) Rendering assistance at the request of the EMS control center in cases of disaster or major emergency too great for ambulance authority resources, or in response to the provisions of a written mutual aid agreement signed by the ambulance authority.

(D) Privately owned and designed for the transportation of the chronically infirm or physically handicapped, and used solely for the benefit of its owner and family, and is not for hire.

(E) An owner or operator of an ambulance not exempted by the provisions of subsections (A) through (D) of this section may request exemption from the Common Medical Director. The Common Medical Director shall determine whether or not the ambulance is to be used for the sole benefit of the owner or his family in permitting use of the privately owned vehicle. Appeals of this decision may be taken as provided for. [Ord. G-2009-13 § 6, passed 8-24-09. 1983 Code § 9.93.03/B.]

8.05.006 Formal approvals.

(A) Application of Provisions. This chapter applies only to participants in the ambulance service system and those bound by the provisions of this chapter.

(B) Who Must Be Approved. No person, whether employed by or operating as an ambulance or EMS operator, shall be employed as an ambulance driver, EMT, paramedic, or dispatcher of ambulances regulated by this subchapter unless he is approved by the Common Medical Director.

(1) The Common Medical Director, subject to approval of the EMS Committee, shall promulgate regulations setting forth the requirements to obtain approval as an ambulance driver, EMT, paramedic, or dispatcher. The requirements shall include State certification and may include an examination testing the applicant’s knowledge of local medical protocol, special disaster procedures, City’s ambulance service system in general and other matters appropriate to determining the applicant’s fitness.

(2) All ambulance drivers must maintain certification under the State of Indiana as an EMT or paramedic, depending on the level of certification held. [Ord. G-2009-13 § 7, passed 8-24-09. 1983 Code § 9.93.03/C.]

8.05.007 Liability insurance – Standards.

(A) At all times during this agreement, the provider shall procure and maintain, at its own cost and expense, policies of insurance with a solvent and responsible carrier rated AX or better and licensed to do business in the State of Indiana, insuring provider, and naming the City of Evansville as an additional insured, so as to create the same liability on the part of the insurer as though separate policies had been written for the City and provider.

(B) Any insurance policies shall be drafted so as to remain in full force and effect after service is terminated, concerning incidents that happened during the term of this agreement and during any transition period after that term.

(C) The provider shall furnish the City with certificates of insurance indicating the types and amounts of insurance at the beginning of the new policy period and that 60 days’ advance written notice will be provided to the City in case of cancellation, termination, any change, or failure to renew. It is agreed that the words “endeavor to” shall be eliminated from the cancellation clause on the certificate of insurance. Self-insurance for these policies is strictly prohibited, except with the written consent of the City. Failure to maintain insurance in the fashion and amounts as indicated herein shall serve as cause for the immediate termination of this agreement, if provider does not take aggressive steps to remedy within five business days of notification.

(D) The provider shall obtain and pay the premiums and all deductibles regarding all of the below-mentioned insurance coverage:

(1) Comprehensive general public, operations, contractual and independent contractor’s liability insurance, with limits of not less than $5,000,000 per occurrence combined single limit blanket coverage for bodily injury and property damage.

(2) Comprehensive automobile liability insurance with limits of not less than $5,000,000 per occurrence combined single limit blanket coverage for bodily injury and property damage.

(3) Comprehensive automobile insurance covering collision and other loss in an amount of not less than $5,000,000.

(4) Auto insurance shall cover all of the provider’s owned, hired, or leased vehicles.

(5) A policy covering all portable equipment not covered on the automobile policies with all risk coverage.

(6) Professional liability/malpractice insurance with limits of not less than $5,000,000 per occurrence combined single limit blanket coverage.

(7) There shall be umbrella coverage in the amount of $5,000,000, in addition to the coverage provided in subsections (D)(1) through (6).

(8) Worker’s Compensation Insurance as required by Indiana law, as well as all other applicable Federal and State employment taxes, contributions, or regulations relating to provider’s employees.

(E) Each insurance policy described and required herein shall name as additional insureds the City, in addition to the operator of the vehicle. [Ord. G-2009-13 § 8, passed 8-24-09. 1983 Code § 9.93.03/D.]

8.05.008 Revocation of approval.

(A) The Common Medical Director, subject to approval by the EMS Committee, is authorized to revoke or suspend any approval to provide services granted pursuant to the provisions of this chapter if the driver, EMT, paramedic, or dispatcher fails to maintain the basic qualifications for issuance or otherwise constitutes a danger to the safety and health of patients.

(B) Prior to revocation or suspension of any approval to provide services, a medical audit shall be conducted by the Common Medical Director or his designee. If the audit results in a recommendation that the approval to provide services should be revoked or suspended, the report shall be forwarded to the EMS Committee. The EMS Committee shall notify the affected person of audit results and invite him to provide any information, in writing or personally, for the foundation’s consideration. If the EMS Committee recommends revocation or suspension, the report shall be forwarded to the Common Medical Director.

(C) The Common Medical Director shall provide a hearing to any person approved pursuant to this division or ambulance unit owner or operator at which time reasons for revocation or suspension shall be explained. The affected party may present information relevant to the issue of permit revocation.

(D) If the Common Medical Director determines that the risk of harm to the public is substantial, the approval may be suspended without first providing a hearing. However, a hearing shall be scheduled to convene within seven days of the suspension to consider revocation of the approval. The Common Medical Director may require a physical and mental examination be conducted prior to the hearing.

(E) In lieu of suspension or revocation, the Common Medical Director may restrict the participation of the individual as necessary to protect the public health and safety.

(F) Adverse decisions of a medical audit may be appealed to the Common Medical Director. If a resolution of the appeal is unsatisfactory the person adversely affected by the decision of the Common Medical Director may appeal to the Committee whose determination shall be final. [Ord. G-2009-13 § 9, passed 8-24-09. 1983 Code § 9.93.03/E.]

8.05.009 Patient and scene management.

(A) The senior paramedic in charge shall have the authority for patient management at the scene of an emergency.

(B) Authority for management of the emergency scene, exclusive of medical control over patients, shall rest with public safety officials.

(C) In the event a licensed physician appears on the scene and desires to assume direction and control of patient care, he shall execute a form which declares he has assumed responsibility for patient care. [Ord. G-2009-13 § 10, passed 8-24-09. 1983 Code § 9.93.03/F.]

8.05.010 Destination determination.

(A) In the absence of clear patient preference, for all life-threatening emergency calls the patient shall be taken to the nearest appropriate facility for that clinical condition in accordance with approved medical protocols, unless otherwise directed by a Common Medical Director.

(B) For all non-life-threatening emergency calls, the patient shall be taken to the destination of the patient’s choice, or in cases where the patient is incompetent or unable to make such a judgment, the patient shall be delivered to the destination requested by the appropriate party acting on behalf of the patient. If no person is available to act for the patient, he shall be delivered to the nearest available emergency receiving facility. [Ord. G-2009-13 § 11, passed 8-24-09. 1983 Code § 9.93.03/G.]

8.05.011 Obedience to traffic laws.

The operation of all ambulances within this chapter shall be in accordance to the laws and statutes of the State of Indiana. By way of example and not limitation see the Indiana Department of Homeland Security – EMS Section – Emergency Vehicle Driving Laws as to Indiana Administrative Codes (http://www.in.gov/dhs/2341.htm). [Ord. G-2009-13 § 12, passed 8-24-09. 1983 Code § 9.93.03/H.]

8.05.012 Emergency Medical Services Oversight Committee.

(A) Purpose. The Emergency Medical Services Oversight Committee (“EMS Committee”) is an appropriately organized and authorized committee of the City whose members are selected and approved in accordance with the applicable City ordinance or regulation. The purpose of the EMS Committee is to assure the EMS Provider’s performance meets contract requirements and reviewing opportunities for improvement in care or reduction in cost and making recommendations regarding the same to the Mayor. The City shall be charged with more specifically defining the role of the Committee in accordance with the City’s rules, regulations, and ordinances, as applicable.

(B) Membership. The membership of the Committee shall be composed of the following:

(1) City of Evansville Fire Chief;

(2) One member of the City of Evansville City Council;

(3) One representative from each acute care hospital within the service area;

(4) One attorney as appointed by the Mayor;

(5) One certified public accountant as appointed by the Mayor;

(6) Common Medical Director, ex officio; and

(7) One representative from provider, ex officio.

(1) The EMS Committee shall have the authority to promulgate regulations, standards and rules necessary to implement the policy and intent of this chapter. They shall constitute one volume to be filed in the office of the City Clerk.

(2) The EMS Committee shall consider, but not be limited to, the following factors when promulgating regulations, standards and rules:

(a) The protection of the safety and health of the inhabitants of the City, adopting townships and neighboring participating political subdivisions;

(b) Accepted standards of practice for emergency medical care;

(d) Federal and State requirements;

(e) Standards and recommendations of Federal, State and local professional organizations interested in the provision of quality emergency medical care; and

(f) Recommendations of the Common Medical Director.

(3) The EMS Committee shall promulgate standards controlling the following segments of the ambulance service system:

(a) Production standards related directly or indirectly to clinical performance and patient care; including response times;

(b) Diagnosis-specific and problem-oriented medical protocols to serve as the required standard of pre-hospital emergency care;

(d) Procedures and protocols for the operation of the EMS control center, which may include but not be limited to radio protocols, telephone protocols and other operating standards;

(e) Procedures for the provisions of medical control over the delivery of advanced life support procedures by ambulance personnel, which may include but not be limited to medical control communications standards, radio equipment standards, radio protocol, medical protocol, qualifications of base station physicians or emergency department nurses from whom ambulance personnel may take direction;

(f) In-service training for ambulance personnel, EMTs, and first responders;

(g) Standards, rules and regulations governing volunteer providers.

(D) Communication Systems. The EMS Committee shall approve the EMS Provider’s dispatch communications system and the medical control communications system. Nothing herein shall prevent the Common Medical Director from promulgating regulations or medical standards controlling the EMS Provider’s communications systems. [Ord. G-2009-13 § 13, passed 8-24-09. 1983 Code § 9.93.03/I.]

8.05.013 Duties of the Common Medical Director.

(A) The Common Medical Director shall provide to the EMS Committee recommendations concerning the following elements of the ambulance service system:

(1) Criteria for the issuance, renewal, suspension and revocation of approval to provide services in the City.

(2) Production standards related directly or indirectly to clinical performance and patient care.

(3) Diagnosis-specific and problem-oriented medical protocols to serve as the required standard of pre-hospital emergency care.

(4) Procedures governing the relative provision of 24-hour medical control.

(5) Procedures and protocols for the operation of the EMS control center.

(6) Procedures for the provision of medical control over the delivery of advanced life support procedures by ambulance personnel.

(7) Standards for the medical control communications system.

(8) Elements of a disaster plan designed to provide prompt quality care and rescue of persons in disaster situations.

(9) Standards, rules and regulations governing volunteer providers.

(B) Audits.

(1) The Common Medical Director shall perform medical audits when requested by the EMS Committee, any physician on his own patient, by any doctor involved in the case, a certified paramedic, or when in the EMS Committee’s discretion it is determined that a specific incident merits investigation or an element of the ambulance service system may be improved and study is warranted.

(2) Audits shall be performed on a diagnosis-specific basis to determine if there exist areas for improvement of treatment.

(3) An audit shall be primarily problem-solving and educational in nature although from time to time punitive action as a result of audit findings may be necessary and appropriate.

(1) The Common Medical Director shall be hired by the EMS Provider with the approval of the EMS Committee and shall serve at the pleasure of the EMS Provider.

(2) The Common Medical Director shall be compensated by the EMS Provider.

(3) The Common Medical Director may appoint an assistant to the Common Medical Director who shall be at least a certified paramedic, or have equivalent training and experience.

(D) Additional Duties.

(1) The Common Medical Director shall be responsible for compliance with the regulations, standards and rules promulgated under this section.

(2) The Common Medical Director shall have the duty to prescribe and procure narcotics and controlled drugs used within the system.

(3) The Common Medical Director shall also serve as the medical advisor for the EMS Committee as regulated by State law.

(E) The Common Medical Director, subject to approval of the EMS Committee, shall develop a plan for the rescue and medical care of persons in disaster situations. [Ord. G-2009-13 § 14, passed 8-24-09. 1983 Code § 9.93.03/J.]

Article II. Food Handling

8.05.020 Definitions.

“Board of Public Health” means the board membership of the Vanderburgh County Health Department of Evansville, Indiana.

“Department of Public Health” means the Vanderburgh County Health Department of Evansville, Indiana.

“Food” shall include, but not necessarily be limited to, all raw, cooked, or processed edible substances which may be used in whole or in part for human consumption, whether solid or liquid, packaged or unpackaged, confectionery or condiment, whether simple, mixed, or compound, and all substances or ingredients used in the preparation thereof, or which become components thereof.

“Food handler” shall include, but not necessarily be limited to, any person who may come into contact with food during exposure by sale, processing, preparation, packaging, serving, or who comes in contact with any utensil or equipment of any kind during any said exposure, or who is employed in a room or rooms in which food is being processed, prepared, served, or sold.

“Food market” shall include, but not necessarily be limited to, grocery, meat market, poultry market, fish market, fresh fruit and vegetable market, delicatessen, confectionery, candy kitchen, nut store, retail bakery store, or any other establishment, whether fixed or movable, where food, intended for human consumption off the premises, is manufactured, produced, stored, prepared, handled, sold, or offered for sale at retail or wholesale; provided, however, that the provisions of this chapter shall not include meat or poultry slaughterhouses.

“Food or beverage vending machine” means any self-service device offered for public use which, upon insertion of paper money, coins, or tokens, or by any other similar means, dispenses unit servings of food or beverage, either in bulk or in package.

“Food service establishment” shall include, but not necessarily be limited to, a restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, commissary, caterer, drive-in restaurant, or drinking establishment, feeding establishment, private, public, or nonprofit organization or institution, routinely serving food and any other eating or drinking establishment where food or drink is prepared, served, or provided for human consumption with or without charge, whether fixed or movable.

“Health Officer” means the Health Officer of the Department of Public Health of Vanderburgh County in Evansville, Indiana, or his authorized representative.

“Mobile food service establishment” means any food-serving facility capable of being readily moved to a location; one without a fixed location.

“Readily perishable food” means any food, as defined in this section, which consists in whole or part of milk, milk products, eggs, meat, fish, poultry, or any other food capable of supporting rapid and progressive growth of microorganisms which can cause infection or intoxication; provided, however, products in hermetically sealed containers processed by heat or other methods approved by the Health Officer to prevent spoilage and dehydrated, dry, or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.

“Temporary food service establishment and/or food market” means any food service facility operating for a period of time not in excess of two consecutive calendar weeks in connection with a fair, carnival, circus, public exhibition, and/or any other gathering at any impermanent location, whether or not the facility is fixed or movable.

“Vending operator” shall include, but not necessarily be limited to, any person who, by contract, agreement, or ownership, takes responsibility for furnishing, installing, servicing, operating, or maintaining one or more vending machines. [Ord. F-87-21, passed 12-21-87. 1982 Code § 93.04; 1983 Code § 9.93.04.]

8.05.030 Food permits.

(A) Permit Requirements. It shall be unlawful for any person to operate food service establishments, a temporary food service establishment, a mobile food service establishment, a food market, a temporary food market, or to act, whether actually or ostensibly, as a vending operator, in the City of Evansville, who does not possess a valid permit for each such operation from the Health Officer; provided, however, the provisions of this chapter shall not apply to fruit and vegetable stands maintained and operated by a person who sells direct to consumers fresh fruits or vegetables obtained therefrom, grown and sold on land owned or controlled by him. Such permit shall be posted in a conspicuous place in each such food service establishment, temporary food service establishment, food market or temporary food market, or mobile food service establishment. Each vending operator’s permit number, of a size and style approved by the Health Officer, shall be conspicuously displayed on each vending machine operated, maintained, or supplied by such operator.

(1) Only persons who comply with the applicable provisions of the State Board of Health regulations shall be entitled to receive and retain such a permit.

(2) The permit for a food service establishment, food market, and vending operator shall be due and payable between January 1st and March 1st of each year. Failure to pay the same will be assessed a delinquent fee of $20.00, excluding new food service establishments and temporary food service establishments.

(3) Any permit issued by the Health Officer shall contain the name and address of the person to whom the permit is granted, the address of the premises for which the same is issued and such other pertinent data as may be required by the Health Officer.

(4) A separate permit shall be required for each food service establishment, temporary food service establishment, mobile food service establishment, food market, temporary food market, and vending operation.

(5) A permit shall be issued subsequent to inspection and upon determination by the Health Officer that the applicant food service establishment, temporary food service establishment, food market, temporary food market, or vending operator has complied with all applicable provisions of State Board of Health regulations, and has tendered the appropriate permit fee hereinafter specified.

(6) No permit or renewal thereof shall be denied or revoked on capricious or arbitrary grounds.

(7) Permit Not Transferable. No permit issued to any person under this chapter shall be transferable.

(8) Date of permit will be from January 1st of current year to December 31st of current year.

(B) Permit Fees. Every applicant for a permit to operate a food service establishment, temporary food service establishment, food market, temporary food market, mobile food service establishment, or as a vending operator shall tender to the City Controller’s office a fee or fees and said fee or fees shall be deposited into the General Fund for each such operation in accordance with the schedule of fees in subsection (C) of this section.

(C) Schedule of Fees. Inspection and processing fees shall be paid annually, or for such lesser period as hereafter specified, in accordance with the following classifications:

(1) Food Service Establishments, Temporary Food Service Establishments, Temporary Food Markets.

1 – 3 employees	$20.00
4 – 10 employees	$40.00
11 – 25 employees	$60.00
26 – 50 employees	$80.00
50 or more employees	$100.00
Temporary food service establishment and/or temporary food market	$5.00 per day up to $25.00 maximum

(2) Food Market – Square Footage of Floor Area.

Under 2,000 square feet	$20.00
2,000 – 7,999 square feet	$40.00
8,000 – 9,999 square feet	$60.00
10,000 – 14,999 square feet	$80.00
15,000 square feet and over	$100.00

(3) Mobile Food Service Establishments – Gross Weight of Mobile Food Establishments.

Annual permit	$50.00
After June 30th	$30.00

(4) Vending Operators.

Food and beverage vending machines, per machine

$2.00

(5) Delinquent Fee

Delinquent fee

$20.00

(D) Permit Fee Exemptions.

(1) The permit fee provisions of this chapter shall not apply to food service establishments, temporary food service establishments, mobile food service establishments, food markets, or temporary food markets operated by or vending operators which are religious, educational, and charitable organizations, unless they provide food services to persons other than members, guests, or students on a regular basis. The above establishments are, however, still subject to periodic inspections.

(2) Establishments which shall sell or offer for sale only prepackaged confections such as candy, chewing gum, nut meats, potato chips, pretzels, popcorn, and soft drink beverages, or food dispensed from coin-operated vending machines, shall be exempt from the provisions of this section regarding the necessity for obtaining a permit from the Health Officer. Vending machines which dispense only prepackaged, prebottled, nonreadily perishable food and beverages shall be exempt from the provisions of this chapter. [Ord. F-87-21, passed 12-21-87. 1982 Code § 93.05; 1983 Code § 9.93.05.]

Cross-reference: Water, air pollution standards, Chapter 16.05 EMC.

Article III. Refuse Collection

8.05.040 Authority of Water and Sewer Utility Board.

(A) The Water and Sewer Utility Board is authorized and empowered to provide for collection and disposal of all household refuse which accumulates from time to time on or about the premises of all residences in the City, and to provide for the collection of refuse of the various units of government operating in the City. The Water and Sewer Utility Board is also authorized and empowered to provide for street sweeping in the City of Evansville. The Water and Sewer Utility Board may acquire equipment, vehicles, and containers, and employ the personnel necessary and required to accomplish street sweeping and the collection and disposal of refuse. The Water and Sewer Utility Board may also, pursuant to the powers vested in it by the laws of the State, contract for street sweeping and the collection and disposal of household refuse.

(B) The Water and Sewer Utility Board is authorized to fix the hours or days of the week for the collections and street sweeping, and from time to time adopt any regulations, not inconsistent with this article, required for the collection and disposal of household refuse and street sweeping.

(C) The Water and Sewer Utility Board is authorized and empowered to lease and rent, and renew and re-lease, from time to time, real estate within or without the corporate limits, suitable and conveniently located for the establishment of public dumps. The Water and Sewer Utility Board may make from time to time any regulations for the control and use of the public dumps as may be necessary and proper with due regard for the health, sightliness, and cleanliness of the City, and for the regulation and control of the public dumps not inconsistent, however, with the provisions of this article. [Ord. G-2018-26 § 1, passed 11-15-18; Ord. G-89-30, passed 11-28-89; Ord. G-73-28, passed 10-22-73; Ord. G-69-9, passed 2-17-69. 1962 Code §§ 933.01, 933.02, 933.05; 1982 Code § 93.10; 1983 Code § 9.93.10.]

8.05.050 Container regulations.

(A) The occupying owner or occupying tenant of any dwelling unit, apartment house, building, or structure, for which provisions are made for the collection of household refuse at public expense, shall provide the dwelling unit, apartment house, or building with (1) a standard 96-gallon or 48-gallon cart for trash and yard waste to be supplied by the City; and (2) a standard 96-gallon or 48-gallon recycling cart (collectively, the “carts”).

(B) Carts shall not be placed on the curb or street earlier than 5:00 a.m. on the day before the scheduled date of collection. All carts shall be removed from the curb or street no later than 5:00 p.m. on the day after the regular collection date; provided, however, that such time shall be extended by 24 hours in weeks featuring a Federal holiday or significant weather event. All carts shall be situated so as to be readily accessible to collection on the date of collection.

(C) For special solid waste trash pick-up events provided by the City, including, but not limited to, special spring pick up, heavy waste (bulky waste) and fall leaf service, bags, bundles or items of heavy trash (bulky waste) shall not be placed at the curb or alley before the weekend preceding the scheduled collection date.

(D) Between days of regular collection for solid waste, yard waste and recyclable materials (“refuse”), the owner, occupant or agent for any commercial or residential property shall cause all refuse to be bundled, bagged or contained and stored on such property at a location which is not visible from the street. Compost piles, if any, on such properties shall be sheltered from street view. No refuse shall be stored at any location which impedes pedestrian or vehicular traffic on, over, through or along sidewalks, alleys, streets or other public rights-of-way. Carts which are located in alleys to facilitate alley collection may be stored in the alley provided such storage does not impede pedestrian or vehicular traffic in or along such alley and/or public right-of-way.

(E) The owner, tenant, lessee occupant, or agent of any property shall promptly clean up and remove any scattered refuse from the property before 5:00 p.m. on the day after the scheduled date of regular collection. Missed collections that are a result of the contractor’s negligence will be an exception to having refuse removed from the refuse collection site no later than 5:00 p.m. the day after the regular collection day.

(F) Any person who violates the provisions of subsection (A), (B), (C) or (D) of this section shall be subject to a fine of $25.00 for the first occurrence within a calendar year, $50.00 for the second occurrence within a calendar year and $100.00 for all subsequent occurrences within a calendar year in addition to any and all other remedies provided by EMC 1.05.180 and State law. This section shall be enforced pursuant to the provisions of EMC 1.05.170. [Ord. G-2016-25 § 1, passed 9-15-16; Ord. G-2012-19 § 1, passed 10-9-12; Ord. G-69-9, passed 2-17-69. 1962 Code § 933.04; 1982 Code § 93.11; 1983 Code § 9.93.11.]

8.05.060 Exceptions.

Nothing contained in this article shall be construed or interpreted as authorizing or requiring, at public expense, the collection and disposal of waste material that shall result from the operation of any manufacturing, processing, or commercial concern or business. [1962 Code § 933.10; 1982 Code § 93.15; 1983 Code § 9.93.15.]

Article IV. Residential Refuse Collection Service Fee

8.05.070 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Refuse” means, by way of example but not limitation, such items as discarded containers, organic matter, paper, and small solid objects, capable of being placed in a standard container as also defined herein, and any other items that might be defined as “refuse” under the terms and conditions of a contract for refuse collection services, which may be entered into by the Water and Sewer Utility Board as authorized herein, which contract shall be on file in the office of the Water and Sewer Utility.

“Residential unit” means an occupied or unoccupied single-family residential dwelling unit specifically including but not limited to a mobile home, and each individual housekeeping, living, or dwelling unit of a multifamily building.

“Standard container” shall mean a leak-proof container of either 96- or 48-gallon capacity provided by the City. [Ord. G-2012-19 § 2, passed 10-9-12; Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-84; Ord. G-81-37, passed 9-30-81. 1962 Code § 926.01; 1982 Code § 93.25; 1983 Code § 9.93.25.]

8.05.080 Health and safety concerns.

The Common Council now finds as follows:

(A) In the interests of the health, safety, and general welfare of the citizens of the City, it is necessary to make available curbside collection of refuse from structures consisting of residential units of five units or less;

(B) Structures consisting of six or more residential units are of a different character and have different needs than structures consisting of five residential units or less; and

(C) Structures consisting of six residential units or more are better served by methods other than curbside collection. [Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-84. 1982 Code § 93.26; 1983 Code § 9.93.26.]

8.05.090 Scope of services – Fee – Billing.

(A) Scope of Services.

(1) Curbside collection of refuse shall be available to structures consisting of residential units of five units or less under the terms and conditions of this article and under such reasonable rules and regulations as the Water and Sewer Utility Board may adopt.

(2) Any structure eligible for curbside collection may have “backdoor” collection so long as there is no one residing in the dwelling unit capable of transporting a standard container to the appropriate curbside location; all fees hereinafter provided are timely paid; the disabilities of the occupants are permanent in nature; and all rules and regulations of the Utility Board implementing this program are followed, including, but not limited to, completion of an application form for backdoor collection as formulated by the Utility Board, including a doctor’s certificate of need. “Backdoor collection” shall be collection by the City or its designee outside the door of the dwelling unit designated by the City or its designee.

(B) Fees.

(1) Effective Billing Date. January 1, 2020, there is hereby imposed a fee of $12.80 per month upon each residential unit contained in a structure consisting of one to five residential units. (Effective Billing Date: January 1, 2021 – $13.05 per month. Effective Billing Date: January 1, 2022 – $13.30 per month.)

(2) The fees established herein shall be imposed upon and be the obligation of the owner of record of the residential unit or units as shown in the office of the Vanderburgh County Recorder.

(3) The fees imposed herein shall be a per-month charge and shall not be prorated for fractional portions of the month.

(4) The fees imposed in this subsection (B) include street sweeping services and shall be effective on October 15, 1996, and shall be reflected on billings sent out January 15, 1997, and thereafter.

(C) Fee and Service Exemption. Whenever a parcel of property contains a structure consisting of six or more residential units and that parcel contains structures of five or less residential units, all under the same ownership and all constructed under one plan of development and all a part of the same complex, the owner of said property may elect to provide for his own collection of refuse from all such structures upon prior notification to the Water and Sewer Utility. Upon such notification and compliance with this article, said property shall be exempt from the service and fees provided for in this article.

(D) Billing. The fees imposed herein shall be due and payable at the office of the Water and Sewer Utility, as and when charges for water consumption and water service charges are due and payable. [Ord. G-2021-9 § 1, passed 7-14-21; Ord. G-2019-18 § 1, passed 12-18-19; Ord. G-2018-26 § 2, passed 11-15-18; Ord. G-2012-19 §§ 3, 4, passed 10-9-12; Ord. F-2009-13 § 1, passed 10-14-09; Ord. G-96-18, passed 11-11-96; Ord. G-94-6, passed 4-26-94; Ord. F-92-15, passed 11-11-92; Ord. G-91-9, passed 4-1-91; Ord. G-89-30, passed 11-28-89; Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-43, passed 11-12-84; Ord. G-84-11, passed 3-26-84. 1982 Code § 93.27; 1983 Code § 9.93.27.]

8.05.100 Delinquency charge – Lien.

If the net fee imposed pursuant to this article is not paid as of its due date as indicated conspicuously on the billing referred to in EMC 8.05.090, there shall be assessed a delinquency charge in the amount of 10 percent of the net fee, which delinquency charge and net fee shall be immediately due and payable. If the fees and delinquency charge are not paid as required by this article, these amounts, together with a reasonable attorneys’ fee, may be recovered by the City in a civil action in the name of the City. The fee imposed pursuant to this article is hereby made a lien against and upon the corresponding lot, parcel of real estate, building, or premises which is subject to the fee herein established. [Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-81-37, passed 9-30-81. 1962 Code § 926.04; 1982 Code § 93.28; 1983 Code § 9.93.28.]

8.05.110 Collection.

(A) The fees as provided for in this article shall be paid as they become due at the office of the Water and Sewer Utility. All such collections shall be and constitute a separate and distinct fund from other funds of the Water and Sewer Utility and shall not be merged or commingled therewith, but such collections and receipts shall be applied in a manner required by ordinances authorizing outstanding bonds payable from revenues of sanitary service.

(B) The Water and Sewer Utility shall be reimbursed for its reasonable charges and expenses incurred in collection of the fees imposed by this article. [Ord. G-2012-19 § 5, passed 10-9-12; Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-81-37, passed 9-30-81. 1962 Code § 926.05; 1982 Code § 93.29; 1983 Code § 9.93.29.]

8.05.120 Water and Sewer Utility Board.

(A) The Water and Sewer Utility Board is hereby authorized to enter into agreements and shall have such other authority as is necessary to effectuate the purposes of this article.

(B) The Water and Sewer Utility Board is hereby authorized to make such reasonable rules and regulations and to revise and amend them from time to time as the board may deem advisable to effectuate the purposes of this article.

(C) To facilitate the collection of the fee imposed by this article, the Water and Sewer Utility, in its discretion, may show the amount of the residential refuse collection fee upon statements rendered by the Water and Sewer Utility. The failure or omission to render any statement or bill shall not in any manner relieve the owner of the residential unit, building, or premises of the obligation to pay any fee under this article or in any manner affect the lien therefor. [Ord. G-2012-19 § 6, passed 10-9-12; Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-84; Ord. G-81-37, passed 9-30-81. 1962 Code § 926.06; 1982 Code § 93.29; 1983 Code § 9.93.30.]

8.05.130 Annual report.

Before any rate adjustment may be made, the Water and Sewer Utility Board shall file with the Clerk, the Common Council, and the office of the Mayor a report examining the rates and charges as required by applicable State and Federal statutes and containing recommendations for adjustments and modifications. A copy of the schedule of rates and charges shall, at all times, be kept on file in the office of the City Clerk, and shall be open for public inspection. The fees shall be extended to cover any additional residential units thereafter subject to the fee as established herein, without the necessity of any hearing or notice. [Ord. G-2018-26 § 3, passed 11-15-18; Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-843; Ord. G-81-37, passed 9-30-81. 1982 Code § 93.31; 1983 Code § 9.93.31.]

8.05.140 Increase in units.

(A) Owners of property subject to the fees provided for herein shall report any increase in the number of residential units on the property to the Department of Waterworks prior to the completion of construction or occupancy, whichever first shall occur.

(B) No person shall utilize the services provided for herein except in the manner prescribed by this article and the rules and regulations of the Water and Sewer Utility Board. [Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-84. 1982 Code § 93.32; 1983 Code § 9.93.32.]

8.05.150 Violation and penalty.

(A) A violation of this article may be enforced pursuant to any action authorized by law, including, but not limited to, the procedures stated in EMC 1.05.170.

(B) A person who violates the provisions of this article shall be subject to the civil penalties as set forth in EMC 1.05.180. [Ord. G-89-14, passed 4-3-89; Ord. G-87-9, passed 3-9-87; Ord. G-84-11, passed 3-26-84. 1982 Code § 93.33; 1983 Code § 9.93.33.]

Article V. Yard Waste and Recycling

8.05.160 Recycling carts and recyclable materials – Definitions.

(A) For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Custodian” shall mean an owner of record of real estate, or his agent or assignee, to whom a recycling cart has been assigned.

“Recycling cart” shall mean an apparatus or device designated by the Water and Sewer Utility Board for the collection of recyclable refuse.

“Refuse” shall have the same meaning as provided in EMC 8.05.070.

(B) No person shall exert unauthorized use or control over a recycling cart without the consent of the custodian or the Water and Sewer Utility Board. The recycling cart shall not be removed from the premises of the custodian without the consent of the Water and Sewer Utility Board.

(C) No person shall move or remove the contents of a recycling cart without the consent of the custodian or the Water and Sewer Utility Board.

(D) Civil Penalty.

(1) Any person who violates the provisions of subsection (B) of this section shall be subject to a fine of $100.00 in addition to any and all other remedies provided by EMC 1.05.180 and State law.

(2) Any person who violates the provisions of subsection (C) of this section shall be subject to a fine of $25.00 in addition to any and all other remedies provided by EMC 1.05.180 and State law.

(E) The Water and Sewer Utility Board is hereby authorized to establish reasonable rules and regulations regarding the use of recycling carts. [Ord. G-2012-19 § 8, passed 10-9-12; 1983 Code § 9.93.34. Formerly 8.05.170]

Article VI. Weeds and Rank Vegetation

8.05.180 Definitions.

For the purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Department” refers to the Evansville-Vanderburgh County Building Commission, 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.

“Excluded property” shall refer to the following: (1) cultivated land in commercial, domestic, agricultural or horticultural use; (2) an existing natural or developed forest that does not create a health or safety hazard so long as it is cleared 15 feet from roadways and five feet from adjacent occupied properties; (3) a wetland area designated by the United States Department of Interior Fish and Wildlife Division on a National Wetlands Inventory Map and/or determined to be a wetland area by the Department of Public Works; and (4) any property covered by an approved “Storm Water Pollution Prevention Plan” on file in the City Engineer’s office. Excluded property shall be exempt from the requirements of this article.

“Hearing authority” shall mean the person designated as such by the Mayor under authority of IC 36-7-2 et seq.

“Owner” refers to the owner of record, as found in the records of the Vanderburgh County Treasurer’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 the owner.

“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. Notwithstanding the foregoing, trees, bushes, shrubs or agricultural plants, which have sprouted as volunteers and are growing along fence lines or which block sidewalks, alleys, or otherwise obstruct public rights-of-way and easements, shall be considered to be weeds.

Pursuant to IC 36-7-10.1-3, “weeds” and “rank vegetation” do not include agricultural crops, such as hay and pasture. [Ord. G-2014-3 § 1, passed 4-3-14; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03; Ord. G-92-3, passed 3-23-92; Ord. F-82-22, passed 6-14-82. 1962 Code, Art. 2, Ch. 23, § 1; 1982 Code § 93.40; 1983 Code § 9.93.40.]

8.05.190 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 municipal code 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, unless the owner or another person holding a substantial property interest of public record requests a hearing, in writing, before the hearing authority and the written request is either delivered to the department before the end of the 10-day period or is mailed via certified mail postmarked before the end of the 10-day period. If a hearing is held, the owner or other interested party may appeal the decision of the hearing authority as outlined in IC 36-7-9-8, and as amended from time to time, to the Circuit or Superior Court of Vanderburgh County within the time limits provided in said statute. If this matter is taken to a court, the City may recover its costs and expenses, a fine, as well as all amounts allowed by law and this municipal code. [Ord. G-2014-3 § 2, passed 4-3-14; Ord. G-2008-28 § 1, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03; Ord. G-87-8, passed 3-9-87; Ord. F-82-22, passed 6-14-82. 1962 Code, Art. 2, Ch. 23, § 2; 1982 Code § 93.41; 1983 Code § 9.93.41.]

8.05.200 Notice of violation.

(A) Notice to Owner – Content. For any property found to be in violation of EMC 8.05.190, the department shall 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. If the owner has a designated property manager pursuant to the mandatory rental registry, then the department shall notify the property manager by email or fax if the contact information is available. Said notice shall also state the amount of initial penalty included if the violation is not abated within the 10 days. Notice of subsequent penalties will not be provided as set forth in subsection (D) of this section. 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. The owner or other responsible party shall correct the violation or request a hearing before the hearing authority within 10 days of the date of notice. The request for a hearing must be in writing, addressed to the department and delivered in person or by certified mail postmarked before the end of the 10-day period. If the owner has a designated property manager pursuant to the mandatory rental registry, the property manager may submit an appeal. The notice must also state that if the violation is abated by the department or its agent, the owner will be liable for the cost incurred by the department in abating the violation, the average processing cost incurred by the department in processing the matter, and any monetary penalty as outlined under EMC 8.05.250 for property owners who violate EMC 8.05.190.

(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 EMC 8.05.180 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.

(D) Continued Violation. Any department of the City that receives a complaint regarding any property within the City shall forward the complaint to the Building Commission, which shall record the complaint and assign a case number to the complaint. An inspector shall inspect the property in the manner provided for in EMC 8.05.190(C). A notice of violation issued for vegetation of a height of nine inches or more shall remain in effect for the calendar year in which it is issued if the City abates the violation as provided for in this chapter. Following the City’s abatement and without issuance of any other notice of violation, the City may continue to reinspect the subject property and may abate subsequent violations of vegetation exceeding a height of nine inches. The City may recover costs of the abatement of subsequent violations as provided for in this chapter. [Ord. G-2014-3 § 3, passed 4-3-14; Ord. G-2008-28 §§ 2 – 4, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03; Ord. G-92-3, passed 3-23-92; Ord. G-90-10, passed 4-25-90; Ord. F-82-22, passed 6-14-82. 1962 Code, Art. 2, Ch. 23, § 3; 1982 Code § 93.42; 1983 Code § 9.93.42.]

8.05.210 Removal of weeds and/or rank vegetation by the department.

If the violation has not been abated by the owner as noticed, the department shall enter the property and abate the violation utilizing its own employees and equipment or a contractor engaged by the department. [Ord. G-2014-3 § 4, passed 4-3-14; Ord. G-2008-28 § 5, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03; Ord. G-92-3, passed 3-23-92; Ord. F-82-22, passed 6-14-82. 1962 Code, Art. 2, Ch. 23, § 4; 1982 Code § 93.43; 1983 Code § 9.93.43.]

8.05.220 Liability for costs incurred in abating the violation.

(A) When a violation of EMC 8.05.190 is abated by action of the department or its contractor under EMC 8.05.210, the owner(s) of record at the time the notice to remove weeds and/or rank vegetation was served is jointly and severally liable for the following costs in abating the violation:

(1) The actual cost of the work performed by the department or the bid price of work accomplished by a contractor under EMC 8.05.210.

(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the department in taking the technical, administrative and legal actions concerning typical weed and/or rank vegetation violations that are necessary for work to be performed by the department or by a contractor under EMC 8.05.210. In calculating the amount of the average processing expense, the following costs may be considered:

(a) The cost of obtaining reliable information about identity and location of the owner of the property.

(b) The cost of preparing and mailing notices.

(d) The prorated cost of motor vehicle operating costs for department-owned vehicles or the cost of the mileage for the use of employees’ private vehicles.

(e) The cost of supplies, equipment and office space.

(B) The Board of Public Safety shall determine the amount of the average processing expense at a public hearing, after notice has been given in the same manner as is required for other official actions of the board. In determining the average processing expense, the board may fix the amount at a full dollar amount that is an even multiple of five. The Board of Public Safety shall determine the price that contractors are paid for the removal of weeds and/or rank vegetation. Prices paid to contractors shall be re-evaluated by the Board of Public Safety upon recommendation of the department. The City’s Purchasing Department and the department shall establish criteria and procedures for eligibility to serve as a contractor. [Ord. G-2014-3 § 5, passed 4-3-14; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03; Ord. G-92-3, passed 3-23-92; Ord. G-90-10, passed 4-25-90. 1982 Code § 93.44; 1983 Code § 9.93.44.]

8.05.230 Bill for costs incurred in abating the violation.

(A) The department shall issue a bill to the owner of the real property for the costs incurred by the department in bringing the property into compliance with this chapter, including administrative costs, monetary penalty, and abatement costs. The person to whom the bill is issued may appeal that determination to the hearing authority within 10 days of receipt of said bill. The only bases for appeal which the hearing authority may consider are:

(1) The work was not performed on the noticed property or was performed before the 10 days’ notice required by EMC 8.05.200;

(2) The amount of charges is incorrect based on the size of the property; or

(3) The owner was not served notice of the violation as provided in EMC 8.05.200.

The hearing authority shall consider such appeals and may adjust or waive said costs as individual circumstances may warrant. The decision of the hearing authority may be appealed to the Circuit or Superior Court of Vanderburgh County according to law.

(B) If the owner of the real property fails to pay such bill as issued or appeal it as provided herein, the department shall, after 30 days, certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the municipal fund from which such costs were made. [Ord. G-2014-3 §§ 6, 7, passed 4-3-14; Ord. G-2008-28 § 6, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03; Ord. G-92-3, passed 3-23-92; Ord. F-82-22, passed 6-14-82. 1962 Code, Art. 2, Ch. 23, § 6; 1982 Code § 93.45; 1983 Code § 9.93.45.]

8.05.240 Statutory reference.

(A) Authority of City to adopt procedures for the removal of weeds and/or rank vegetation, see IC 36-7-9-1 et seq. and 36-7-10.1.

(B) For purposes of this chapter and IC 36-7-9-4 and 36-7-10.1-1 et seq., the City now finds that a violation of EMC 8.05.190 constitutes an unsafe premises by being a fire hazard, and/or a hazard to the public health, and/or a public nuisance, and/or a danger to a person or property. [Ord. G-2008-28 § 7, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-2005-9, passed 4-23-05; Ord. G-2003-12, passed 4-14-03. 1983 Code § 9.93.46.]

8.05.250 Violations and penalty.

(A) Violations. It shall be a violation of this article for any person to allow his property to be in a condition which is prohibited by EMC 8.05.190. Such person shall be subject to the procedures and penalties provided in EMC 1.05.170 and 1.05.180.

(B) Penalty.

(1) Any person who violates any provision of this chapter shall be subject to a civil penalty of $200.00 for any violation in any calendar year.

(2) The hearing authority or a court of law may assess additional civil penalties of up to $5,000 against the owner for noncompliance.

(C) If a judgment is entered against a defendant in an action to enforce this chapter, the defendant may perform community restitution or service (as defined in IC 35-41-1-4.6) instead of paying the monetary judgment for the ordinance violation if:

(1) The defendant and the attorney for the City agree to the defendant’s performance of community restitution or service instead of payment of a monetary judgment;

(2) The terms of the agreement described in subsection (C)(1) of this section:

(a) Include the amount of the judgment the City requests that the defendant pay under IC 34-28-5-4(e) for the ordinance violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the court; and

(b) Are recorded in a written instrument signed by the defendant and the attorney for the City;

(3) The agreement is filed in the court where the judgment was entered; and

(4) The court approves the agreement.

If a defendant fails to comply with an agreement approved by a court hereunder, the court shall require the defendant to pay up to the amount of the judgment requested in the action under IC 34-28-5-4(e) as if the defendant had not entered into an agreement hereunder. This provision is adopted under and shall be construed consistent with IC 34-28-5-1(g). [Ord. G-2014-3 § 8, passed 4-3-14; Ord. G-2008-28 § 8, passed 12-10-08; Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.93.47.]

Article VII. Lead Poisoning

8.05.260 Lead poisoning standards.

(A) Reporting, Monitoring, and Preventing Lead Poisoning. The City hereby adopts, in all respects, the powers and procedures for reporting, monitoring, and preventing lead poisoning as set forth in 410 IAC 29 and as those provisions may from time to time be amended by the State of Indiana.

(B) Lead-Based Paint Activities. The City hereby adopts, in all respects, the regulations regarding lead-based paint activities as set forth in 410 IAC 32 and as those provisions may from time to time be amended by the State of Indiana.

(C) The City hereby adopts, in all respects, the regulations regarding lead-based paint poisoning as set forth in 40 CFR 745 and as those provisions may from time to time be amended by the U.S. government. [Ord. G-2017-23 § 1, passed 9-15-17.]

8.05.270 Lead poisoning enforcement and violations.¹

(A) The Evansville-Vanderburgh County Department of Health shall, to the extent permitted by State and Federal law, be charged with enforcing and carrying out the provisions of this section.

(B) It shall be a violation of this article to fail to comply with (1) an order issued by the Health Officer; or (2) any provisions of this chapter. Each day of noncompliance shall be considered a separate violation.

(C) The Health Officer may issue a citation using a standard form, approved by the department, in response to a violation of this chapter. The first citation shall carry a civil penalty of $250.00. The second violation, in any 12-month period, shall carry a civil penalty of $500.00. The third, and all subsequent violations, in any 12-month period shall carry a civil penalty of $1,000. [Ord. G-2017-23 § 1, passed 9-15-17.]

8.05.280 Reporting requirements.

Repealed by Ord. G-2017-23. [1982 Code § 93.52; 1983 Code § 9.93.52.]

8.05.290 Violations and penalty.

Repealed by Ord. G-2017-23. [Ord. G-88-28, passed 10-31-88. 1982 Code § 93.53; 1983 Code § 9.93.53.]

Code reviser’s note: Ord. G-2017-23 adds this section as 8.05.250. It has been editorially renumbered to avoid duplication of numbering.