Chapter 8.16
NUISANCES
Sections:
8.16.040 Investigation of Violation and Order.
8.16.070 Liability for costs incurred in abating the violation.
8.16.080 Bill for costs incurred in abating the violation.
8.16.090 Violations and penalty.
8.16.010 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Abandoned premises” means a chronically vacant parcel of land, as indicated by, but not limited to, the lack of utilities or delinquent taxes, with or without a structure, whose owner has neglected the responsibility of physical upkeep.
“Abandoned vehicles.” See Vanderburgh County Code 10.50.
“Abandoned watercraft.” See Vanderburgh County Code 10.50.
Debris. See “Trash.”
“Department” refers to the City of Evansville-Vanderburgh County Building Commission, which shall have the responsibility of administering this article.
Garbage. See “Trash.”
“Harmful chemicals” refers to a substance, which if spilled, released, or allowed to escape into the air, water, or soil might damage the environment or endanger the health of the public. Harmful chemicals shall include but not be limited to petroleum products, chlorine, acids, bases, and other chemicals whose release or improper storage may cause or increase the likelihood of damage or harm to the environment or the public or personal health.
“Hearing authority” shall mean the person designated as such by the Board of Commissioners of Vanderburgh County under authority of IC 36-7-9-2.
Junk. See “Trash.”
“Managed natural landscape” refers to intentional and maintained area of Indiana native plants, including those that have gone to seed. Managed natural landscapes improve environmental quality, habitat for wildlife, and watershed health.
“Nuisance” means a condition or activity which endangers the health, safety, or welfare of the public or of any individual; causes injury to property; or interferes with an individual’s possession or ordinary use or enjoyment of his property.
“Owner” refers to the owner of record, as found in the records of the Recorder of Vanderburgh County.
“Owner’s address” refers to the most recent mailing address of the owner and being that address to which the Vanderburgh County Treasurer sends tax duplicates.
“Person responsible for a nuisance” means a person whose activity is a nuisance, or on whose property a condition which is a nuisance exists.
“Rank vegetation” refers to plant growth, which is or may be harmful to the senses, health, or well-being of citizens of the County. It also includes invasive vegetation listed by the Indiana Department of Natural Resources and noxious vegetation listed by the United States Department of Agriculture. Pursuant to IC 36-7-10.1-3, “weeds” and “rank vegetation” do not include agricultural crops, such as hay and pasture.
“Removal” refers to activities required for the concentrating, collecting, loading, hauling, and disposal of trash, debris, garbage, junk, and/or rubbish in a licensed sanitary landfill.
Rubbish. See “Trash.”
“Solid waste” means all putrescible and nonputrescible solid and semisolid waste. It includes trash and debris, junk, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.
“Substantial property interest” refers to any right in real property that may be affected in a substantial way by actions authorized by this section. Due to the nature of actions which are authorized by this section, the rights that may be affected in a substantial way shall include a fee interest, a present possessory interest, or an equitable interest of contract purchaser. The interest reflected by a deed, lease, or land sale contract is not a substantial property interest unless evidence of it is:
(1) Recorded in the office of the Recorder of Vanderburgh County; or
(2) The subject of written information that is received by the department and includes the name and address of the holder of the interest described.
“Trash,” “debris,” “garbage,” “junk,” and/or “rubbish” means any combustible and noncombustible waste materials, discarded items, and salvaged or inoperable materials that are stored, left, or abandoned in a manner that creates a public nuisance, including, but not limited to, the following:
(1) Organic waste, including, but not limited to, animal and vegetable matter resulting from the handling, preparation, cooking, or consumption of food;
(2) Residue from burning any combustible materials, including, but not limited to, wood, coal, coke, paper, rags, cartons, boxes, used furniture, used automobile parts, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, mineral matter, glass, crockery and dust, and other similar materials;
(3) Rubber, including but not limited to tires;
(4) Building materials and firewood, including lumber, siding, and shingles, which is not stacked, elevated at least eight (8) inches off the ground, protected from rain, and free of insects or rodents;
(5) Scrap wood and yard waste, including tree debris, leaves, and weed and grass clippings, unless incorporated into a properly managed and ongoing composting operation, as required by permit (if applicable);
(6) Metals, such as tin, aluminum, iron, steel, or other nonferrous material, wires, and similar items;
(7) Household goods, including but not limited to: mattresses, indoor furniture, rags, paper products including cardboard, rope, glass, plastics, containers, crockery, batteries, and other household items not designed or intended for outdoor storage or exposure to rain or other inclement weather;
(8) Machinery, electronics, and appliances and parts thereof, including but not limited to: refrigerators, freezers, washing machines, dryers, stoves, dishwashers, televisions, computer monitors and parts, furnaces, and central air units;
(9) Harmful substances or chemicals that pose a threat to health, safety, or the environment;
(10) Dismantled or inoperable vehicles or vehicle parts, including hoods, fenders, doors, windows, and other automotive components;
(11) Other salvageable materials stored in a manner inconsistent with their original intended use or without a clear and lawful purpose; and
(12) Items that may create a fire hazard, including but not limited to flammable materials or improperly stored combustible materials.
“Unsafe buildings” means a building or structure, or any part of a building or structure, that is:
(1) in an impaired structural condition that makes it unsafe to a person or property;
(2) a fire hazard;
(3) a hazard to the public health;
(4) a public nuisance;
(5) dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
(6) vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;
“Unsafe premises” refers to the following, which are considered unsafe premises:
(1) An unsafe building and the tract of real property on which the unsafe building is located.
(2) A tract of real property, not including land used for production agriculture, that does not contain a building or structure or contains a building or structure that is not considered an unsafe building, if the tract of real property is:
(A) a fire hazard;
(B) a hazard to public health;
(C) a public nuisance; or
(D) dangerous to a person or property because of a violation of a statute or an ordinance.
“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 and public rights-of-way, 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. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.020 Prohibitions.
A) Weeds and rank vegetation.
(1) It shall be a violation of this code for the owner, or anyone having a substantial property interest in real property, including open or vacant property within the unincorporated County, to allow any growth of weeds, as defined in Vanderburgh County Code 8.16.010, in excess of nine inches in height upon on that real property; and
(2) It shall be a violation of this code for the owner, or anyone having a substantial property interest in real property, including open or vacant property within the unincorporated County, to allow any growth of rank vegetation, as defined in Vanderburgh County Code 8.16.010, which items might provide food or harborage for insects, rodents, or pests; pose a fire safety hazard; or pose a nuisance.
B) Trash, debris, garbage, junk, and/or rubbish.
(1) It shall be a violation of this code for the owner, or anyone having a substantial property interest in real property, including open or vacant property within the County limits, to deposit or allow to remain on that real property any trash, debris, garbage, junk, and/or rubbish, as defined in Vanderburgh County Code 8.16.010, which items might provide food or harborage for insects, rodents, or pests; pose a fire safety hazard; or pose a nuisance.
C) Abandoned Refrigerators.
(1) It shall be a violation for any person, firm, or corporation to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended, or discarded ice box, refrigerator, or any other container of any kind which has an air-tight door, or lock which may not be released for opening from the inside of the ice box, refrigerator, or container without first removing the snap-lock or doors.
D) For purposes of this section and IC 36-7-9-4, the County now finds that a violation of this section 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. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.030 Commercial Property.
(A) Every person, owner, operator, or proprietor of a commercial restaurant, bar, night club, convenience store, beverage and snack stand/kiosk, coffee shop, or fuel station in the County shall:
(1) Keep the property, including any area adjacent to and surrounding the main building, clear and free of litter and trash; and
(2) Provide, or cause to be provided, suitable receptacles for garbage and trash placed at a location most convenient for patrons and customers of such establishments.
(Ord. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.040 Investigation of Violation and Order.
(A) 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.
(Ord. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.050 Notice of violation.
(A) Notice to Owner – Content. For any property found to be in violation of Vanderburgh County Code 8.16 et seq., the department shall issue a notice to the owner ordering the removal of the violation within 10 calendar days. Said notice shall also state the amount of penalty included if the violation is not removed from the premises within the 10 days. If the violation is corrected by the owner or other responsible party within 10 days, no further action will be taken and no penalty imposed. The owner or other responsible party shall correct the violation or request a hearing within 10 days of the date of service. The request for a hearing must be in writing, addressed to the department, and delivered in person or by certified mail to the department. The person notified shall also be informed that if the violation is not corrected within 10 days and a hearing is not requested, the department shall have the violation removed, either by its own workers and equipment or by a contractor hired by the department for this purpose. The monetary penalty, as well as the administrative cost incurred by the department in processing the matter, shall be added to the cost of removal. The owner shall also be notified that if the costs outlined above and authorized by law are not paid when due, they may be added to the property taxes and/or be a lien against the property. 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 the department may seek to abate the violation; and
(5) The name, address, and telephone number of the person in the department to contact regarding the violation.
(B) Manner of Legal Service. Notice of orders, hearings, and continuation of hearings shall be given in accordance with IC 36-7-9-25.
(C) Emergency Action. No section of this code shall prevent the department from executing emergency action as set forth in IC 36-7-9-9.
(Ord. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025. Formerly 8.16.040)
8.16.060 Hearings.
(A) The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that are the subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.
(B) At the conclusion of any hearing at which a continuance is not granted, the hearing authority may make findings and take action to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the hearing authority may modify the order in only a manner that makes its terms less stringent.
(Ord. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.070 Liability for costs incurred in abating the violation.
(A) When a violation of Vanderburgh County Code 8.16 et seq. is abated by action of the department or its contractor, the owner(s) of record at the time the notice of violation was sent is/are jointly and severally liable for the following costs:
(1) The actual cost of the work performed by the department or the bid price of work accomplished by a contractor.
(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 violations that are necessary to remove violations and that may be performed by the department or by a contractor. In calculating the amount of the average processing expense, the following costs may be considered:
(a) The cost of obtaining reliable information about the identity and location of the owner.
(b) The cost of preparing and mailing notices.
(c) The salaries and fringe benefits of employees.
(d) The prorated cost of motor vehicle operating costs for department-owned vehicles or the cost of mileage for the use of employees’ private vehicles.
(e) The cost of supplies, equipment, and office space.
(B) The Board of Commissioners of Vanderburgh County 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 action 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.
(Ord. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.080 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, abatement costs, and the costs of any penalty.
(B) If the owner of the real property fails to pay such bill issued, the department shall, after 30 days, certify to the Vanderburgh County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The Vanderburgh County 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.
(C) A property owner desiring to appeal the cost of removal of a violation shall petition the department in writing within 10 days of the date of the notice of cost of removal of a violation. The only bases for appeal which the department may consider include:
(1) The violation was not removed from the property for which the notice was issued or was removed by the department or its agent before the 10 days’ notice;
(2) The owner was not served legal notice of the violation; or
(3) The notification process was not completed properly.
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 within 10 days as provided in IC 36-7-9-8.
(Ord. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.090 Violations and penalty.
(A) Violations. It shall be a violation for any person to allow his property to be in a condition which is prohibited by this chapter. Such person shall be subject to the procedures and penalties provided herein. If appropriate, the County may obtain an injunction or other appropriate order to correct or prevent another violation.
(B) Penalty.
(1) Any person who violates any provision of this chapter shall be subject to a civil penalty of $100.00 for the first violation in any calendar year, with the second violation during any calendar year carrying a civil penalty of $250.00, and the third and subsequent violations during any calendar year carrying a civil penalty of $500.00.
(2) 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 35-31.5-2-50) instead of paying the monetary judgment for the ordinance violation if:
(1) The defendant and the attorney for the County agree to the defendant’s performance of the community restitution or service instead of the 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 County requests that 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 County;
(3) The agreement is filed in the court where the judgment was entered; and
(4) The court approves the agreement.
If the 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. 04-26-009 § 1, amended, 4/14/2026; Ord. 08-25-017 § 1, added, 9/9/2025)
8.16.100 Excluded Property.
(A) Excluded property shall be exempt from the requirements of this 8.16.020(A)(1).
(1) Managed natural landscape if it complies with each of the following:
(a) Managed natural landscapes shall not include turf-grass lawns left unattended.
(b) The managed natural landscape must be maintained to prevent the growth of weeds and rank vegetation.
(c) The area must be clearly defined.
(d) The area of plant growth must not extend into the public right-of-way.
(e) A sign is posted on the property in a location likely to be seen by the public, advising that native plants are being established. Such signage shall comply with all applicable requirements of Vanderburgh County Code 17.26.
(2) Cultivated land in commercial, domestic, agricultural, or horticultural use;
(3) 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; and
(4) A wetland area designated by the United States Department of the 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.
(B) Excluded property shall be exempt from the requirements of Vanderburgh County Code 8.16.020(A)(1) and (B)(1).
(1) Any property associated with an active construction or development project for which all the following conditions have been met:
(a) The property has an approved “Storm Water Pollution Prevention Plan” on file in the County Engineer’s office during the development and/or construction phase of the project; and
(b) The property does not pose a health or safety hazard.
(2) This exemption shall expire upon the earliest of the following:
(a) Project completion;
(b) Issuance of a Certificate of Occupancy; or
(c) Submittal of a Notice of Termination for a “Storm Water Pollution Prevention Plan.”
(Ord. 04-26-009 § 1, added, 4/14/2026)