ORDINANCE   2003-05   OF THE TOWN COUNCIL OF
LEO-CEDARVILLE, INDIANA

AN ORDINANCE DEFINING PUBLIC NUISANCES AND REGULATING PUBLIC NUISANCES ON PRIVATE PROPERTY

WHEREAS, there are now or may be in the future conditions which are detrimental to the public health, comfort, safety or the aesthetic well-being of the community; and

WHEREAS, adequate protection of the public health, safety, welfare and comfort, requires that such conditions be regulated prohibited or abated;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Leo-Cedarville, Indiana:

A. Public Nuisances are Prohibited.   No owner, occupant, tenant or any other person having a substantial interest in any real or personal property within the Town, or any agent of such person, shall permit or allow to remain on or within the property or within the public ways abutting the real property, any public nuisance.
B. Public Nuisance Defined   The following materials or conditions shall be considered to constitute a public nuisance:
a. Accumulated litter, garbage or trash;
b. Demolition remains;
c. Any dilapidated structure, dwelling house, accessory structures (as defined in the Leo-Cedarville Zoning Code), or other buildings that have been condemned by the Allen County Building Department or any other government building inspection authority or are otherwise unsuitable for human habitation or use or are so out of repair that they constitute a fire hazard or other health and safety hazard to surrounding properties;
d. Structures defaced with graffiti or other unsightly vandalism;
e. Partially dismantled motor vehicles;
f. Any broken concrete, scrap metals, plastic, rubber, brick, pottery, or glass, or other scrap material;
g. Motor vehicle parts, tires, machine parts, construction materials, or broken appliances;
h. Any rusted or broken personal property which creates a risk of fire or injury to children or adults;
i. Any object or condition that restricts a public right of way or which creates an unsafe distraction to operators of motor vehicles traveling on any public right of way;
j. Any dead domestic or wild animal;
k. Any animal or human waste, excrement, bones, or shavings;
l. Oil, gas, grease, paint, or other combustible or inflammable or chemicals or material;
m. Any caustic, poisonous or otherwise hazardous materials;
n. Any noxious odors, smoke, dust, or other particle matter that emits from the property onto any surrounding property or into the atmosphere and creates a hazardous condition to surrounding properties, or interferes with the surrounding property owners quiet use and enjoyment of their land;
o. Any personal property or condition of real property that is infected with any communicable disease;
p. Any personal property or condition of real property that is home to, or tends to attract, rodents, insects, stray or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition.
C. Common Law and Statutory Nuisances   In addition to the conditions set forth in subparagraph (b) of this ordinance, those conditions which are known to common law and/or the statutes of Indiana as nuisances may, when found to exist within the Town limits, be treated as a “public nuisance” under this ordinance.
D. Storage of Public Nuisances For Personal Use or For Sale or Use in Business   Any person who regularly stores material or maintains property in a condition that constitutes a public nuisance herein for personal use or any business which, in the regular course of business, uses or sells in such business any material or condition or property that is defined as a public nuisance herein, shall be permitted to store or maintain such public nuisance under the following conditions:
a. The material that constitutes a public nuisance or the condition of property that constitutes a public nuisance must be stored or maintained in a place or in a manner that it is not visible from any public right of way or any surrounding property;
b. The material or condition must be stored in a manner that is consistent with all applicable Indiana state laws and all Federal laws, fire codes, building codes, health department regulations, and environmental laws.
c. Copies of all inspection reports and permits issued by the Indiana State Fire Marshall, IDEM, The Allen County Board of Health, or the Allen County Building Department, or other regulating administrative agency concerning the material or condition that constitutes the public nuisance, must be filed with the Town Administrator.
d. Any business selling any material that constitutes a public nuisance herein, must keep an up-to-date inventory of such material. All material kept for sale must be stored in an orderly, organized fashion.
e. All material that constitutes a public nuisance as defined herein and which is stored in a manner that exposes such material to the weather or the elements, must be stored in a manner that will prevent the accumulation of water either on or in the item or on the property.
f. All material that constitutes a public nuisance as defined herein must be stored in a manner that will prevent it from falling or breaking or from creating a risk of injury to any person or damage to or trespass on any surrounding property.
g. All material that constitutes a public nuisance as defined herein must be stored in a manner that will prevent it from emitting any noxious odor, smoke, dust or other particle matter into the atmosphere or onto surrounding properties in sufficient quantity so as to substantially interfere with the public’s or the surrounding landowner’s quiet use and enjoyment of the property or to create a health risk or common law nuisance.
h. All material that constitutes a public nuisance as defined herein must be stored in a manner that prevents sludge, bilgewater, sewage, swill, wastewater or other polluted run-off caused by the material from entering onto the right of way or any other property in sufficient quantity so as to interfere with the public’s or the surrounding property owner’s quiet use and enjoyment of the property or to create a health risk or common law nuisance.
i. All material must be kept clean of rodents, insects, vermin or other stray or wild animals.
E. This Ordinance shall be enforced pursuant to the provisions of Ordinance Number 00-0002, codified at sections 92.18 through 92.21 of the Code.
F. Any person found to have violated this ordinance may be fined an amount of not less than $50.00 nor more than $500 for each day that the public nuisance is found to have remained on the property following the expiration of any period contained in the notice of abatement.
G. This ordinance shall repeal and replace Town Ordinance Number 1996 Ord. 4-5-3, codified as §92.01. This Ordinance shall not repeal any other Town Ordinance. If it is determined that this Ordinance conflicts with any other Town Ordinance, the Ordinance that is both the strictest (i.e. most restrictive) pertaining to the subject matter herein and which is legally enforceable shall control.
H. This ordinance shall become effective upon its passage and upon its execution by the Town Executive (i.e. Town Council President) as attested by the Clerk-Treasurer.

Passed and adopted by the Town Council of the Town of Leo-Cedarville, Indiana on this
  19th   day of   August  , 2003.

 

_______________
Thomas Weaver
Council member

_______________
Matthew Akins
Council Member

  Paul Steffens      
Paul Steffens
Council Member

  Jan Linn              
Jan Linn
Council President

  John Clendenen  
John Clendenen
Council Member

 

Attestation of Clerk-Treasurer

I, Pamela Spannuth, the Clerk-Treasurer for the Town of Leo-Cedarville, Indiana, hereby attest that the ordinance set forth above was adopted by the legislative body of the Town of Leo-Cedarville on  August 19, 2003   and signed by the Executive for the Town of Leo-Cedarville, and properly executed in my presence on   Sept. 02, 2003  .

 

Pam Spannuth
Pamela Spannuth
Clerk-Treasurer