CHAPTER 52

ORDINANCE PROHIBITING HEALTH NUISANCES

3 – 52.1      Purpose

The purpose of this ordinance is to protect the public health and welfare by declaring trash, garbage, rank vegetation and other waste substance a nuisance and abating such nuisances.

3 – 52.2      Garbage, Trash, Etc., Definition And Removal

3 – 52.2-a      As used in this Ordinance:

3 – 52.2-a.1      Lot, Parcel Of Lot or Parcel Of Real Estate shall include, in addition to those grounds within their respective boundaries, all of the grounds lying to the center of any roadway or alley whether that roadway or alley is improved or unimproved.

3 – 52.2-a.2      Garbage shall mean all organic household waste, offal, animal and vegetable matter prepared or intended for use as food, condemned foodstuffs and materials, and substance materials and things ordinarily disposed of in containers and incinerators by hotels, restaurants, stores, hospitals, apartment houses and private dwellings.

3 – 52.2-a.3      Trash shall mean all rubbish and refuse including, but not

limited to paper products, glass bottles and containers, broken glass, rubber products, metals, rags, weeds, tree toppings, grass, leaves, discarded furniture, and appliances.

3 – 52.2-a.4      Rank Vegetation shall mean any and all junk, rubbish or

debris which is harmful to the general public health and welfare or may detract from the appearance of a geographic area or a neighborhood.

3 – 52.2-a.5      Other Waste Substances shall mean any and all junk, rubbish or debris which is harmful to the general public health and welfare or may detract from the appearance of a geographic area or a neighborhood.

3 – 42.2-b      It shall be unlawful for the owner, occupant or lessee of any lot or parcel of lot or parcel of real estate within the boundaries of Vigo County and

outside the corporate limits of any city or town to allow, suffer or permit any garbage, trash, rank vegetation or other waste substances to bed deposited on, grow on, or remain on any said lot, parcel of lot or parcel of real estate.

3 – 42.2-c      Whenever and wherever garbage, trash, rank vegetation or other waste

substances shall exist, covering or partly covering the surface of any lot or parcel of lot or parcel of real estate within the boundaries of Vigo County and outside the corporate limits of any town or city, the same shall be deemed a nuisance and a violation of this Ordinance.

3 – 52.3      Garbage, Trash, Etc., Notice To Be Removed

      Notice to Owners - Ten (10) days to abate nuisance. It shall be the duty of the Vigo County Inspector's Offices, the Vigo County Health Department or the Vigo County Sheriffs Department to inspect from time to time the various lots or parcels of lots or parcels of real estate lying within the boundaries of Vigo County and outside the corporate limits of any city or town, and if it is found that garbage, trash, rank vegetation or other waste substances are permitted to be deposited on, grow on, or remain on such lots or parcel of lots or parcels of real estate, it shall be the duty of the officer to ascertain the names of the owners, occupants or lessees of said property and to notify such owners, occupants or lessees in writing that such garage, trash, rank vegetation or other waste substances shall be removed or otherwise destroyed within ten (10) days from the date of such notice. Notice shall be sent to the owner of record as the name and address appears on the tax statement from the Treasurer's office of Vigo County by certified mail, or such notice may be hand delivered by the Vigo County Inspector, Health Department official or Sheriff's Deputy. If any lot or parcel of lot or parcel of real estate is not occupied or leased, and the owner is a non-resident of the County or his residence is unknown, or if notice is returned by the Postal Department because of its inability to make delivery thereto, the Vigo County Commissioners shall cause a notice to remove the garbage, trash, rank vegetation or other waste substance to be published in some daily newspaper of general circulation at least once each week for two (2) successive weeks.

3 – 52.4      Enforcement – Ordinance Violation Proceeding - Penalties

3 – 52.4-a      If, after the giving of notice as provided herein and the passage of the ten (10) day abatement period, the property remains in a condition which is in violation of this Ordinance, the Vigo County Commissioners may cause to

be brought and prosecuted in the name of the county a proceeding to enforce and ordinance violation as provided in I.C. 34-4-32-1, et. seq.

3 – 52.4-b      Each day of violation of this Ordinance constitutes a separate  violation subject to a separate penalty not to exceed One Hundred Dollars ($100.00). Any person found to have violated this Ordinance shall also be liable for Court costs as provided in I.C. 34-4-32-4.

3 – 52.5      Enforcement – Ordinance Violation Proceeding - Penalties

3 – 52.5-a      If any owner, occupant or lessee of any lot or parcel of lot or parcel of real estate shall fail to remove or abate such garbage, trash, rank vegetation or other waste substance after receiving notice as provided in 3-52-3, the Vigo County Commissioners may cause the same to be removed or otherwise abated. When the Vigo County Commissioners have effected the removal of such nuisance, they shall prepare a sworn statement showing the cost of the work performed and they shall bill the owner of record. Such bill shall be in the minimum amount of Twenty-five Dollars, ($25.00) and shall be due and payable at the time of receiving the statement.

3 – 52.5-b      Failure of Owner to Pay. When the full amount due the County is not paid by the owner within ninety (90) days after receipt of the statement as

provided in 3-52-5(a), then, and in that case, the Vigo County Commissioners shall cause to be recorded in the County Recorder's Office a sworn statement showing the cost and expense incurred for the work, date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in force and effect for the amount due in principal and interest, plus any costs of court and for collection until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further, shall be subject to a delinquent penalty the same as real estate taxes in the evens same is not paid in full on or before the date the tax bill upon which said charges appear to become delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the

work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest,

constitutes a charge against the property designated or described in the

statement and that the same is due and collectible as provided by law.

3 – 52.6      Enforcement - Injunction

If any owner, occupant or lessee of any lot or parcel of lot or parcel of real estate shall fail to remove or abate such garbage, trash, rank vegetation or other waste substance after receiving notice provided in 3-52.3, the Vigo County Commissioners may cause to be brought and prosecuted a civil action to enjoin the person from violating this Ordinance through a continued use or condition of the property as provided in I.C. 36-1-6-4.

3 – 52.7      Cumulative Enforcement

The enforcement provisions provided herein shall be cumulative and may be employed singularly or jointly at the discretion of the County.

3- 52.8      Repealer

All Ordinances or parts of Ordinances in conflict with the provisions of this Ordinance are hereby repealed.

3 – 52.9      Severability Clause

If any section, provision, or part of this Ordinance is adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole, or any section, provision, or part thereof not adjudged invalid or unconstitutional.

3 –52.10      Effective Date

This Ordinance has been passed and adopted this 3rd day of March, 1997, by the Vigo County Board of County Commissioners and shall become effective upon completion of publication as required in I.C. 36-2-4-8.

Vigo County Board of Commissioners

Signatory, William J. Decker

William J. Decker

Signatory, P. James Diehl

P. James Diehl

Signatory, C. Joseph Anderson, Jr.

C. Joseph Anderson, Jr.

ATTEST:

Signatory, Judith A. Anderson

Judith Anderson, Auditor