HomeMy WebLinkAbout2010-OR-30BEFORE THE
CITY OF JEFFERSONVILLE COMMON COUNCIL
ORDINANCE 2010-OR-
AN ORDINANCE REGULATING THE MAINTENANCE OF EXISTING
BUILDINGS AND PROPERTY WITHIN THE CITY OF JEFFERSONVILLE
WHEREAS, the City of Jeffersonville (the "City"), a City formed and operating under the laws
of the State of Indiana, is permitted to establish ordinances to protect the health, safety and
general welfare of its residents; and
WHEREAS, the City of Jeffersonville Common Council finds that there are a number of
residential and non-residential building within the corporate boundaries of the City that are
poorly maintained and neglected by their owners;
WHEREAS, these buildings adversely affect citizens who own or occupy nearby buildings and
dwellings by lowering property values and rental values;
WHEREAS, these adverse effects also increase the incidence of vandalism and fire;
WHEREAS, the City of Jeffersonville Common Council finds that the elimination and
prevention of these conditions is necessary and is in the best interest of the City of
Jeffersonville and its citizens;
WHEREAS, the Indiana General Assembly has set forth findings as to the effect of vacant and
deteriorated structures, noting the problems associated with vacant and deteriorated
buildings and structures that are not maintained by their owners attract children, harbor
vermin, invite dumping, spread rodents or fires to nearby structures, and are temporary
abodes for criminals and are likely to be damaged by vandalism or arson (See Ind. Code ~ 36-
7-9-5);
WHEREAS, the Indiana General Assembly has also set forth additional findings that in
Indiana, there exist a large number of unoccupied structures that are not maintained and that
constitute a hazard to public health, safety, and welfare (See Ind. Code ~ 36-7-9-4.5(a));
WHEREAS, the City of Jeffersonville Common Council adopts the findings of the Indiana
General Assembly and recognizes that the problems created within in the City of
Jeffersonville by vacant and deteriorated structures warrants vigorous and disciplined action
to ensure the proper maintenance and repair of vacant structures;
WHEREAS, the Indiana General Assembly has encouraged local government bodies to adopt
maintenance and repair standards appropriate for the community in accordance with the
Indiana Code (See Ind. Code §36-7-9-4.5(k));
WHEREAS, the City of Jeffersonville Common Council specifically finds that the elimination
and prevention of unsafe buildings and premises within the City of Jeffersonville is necessary
and is in the best interest of the City of Jeffersonville and its citizens;
WHEREAS, in carrying out this stated purpose, the City of Jeffersonville Common Council
intends to exercise its full powers and authority to protect the public health, safety, and
welfare, whether those powers are derived from the United States Constitution or from the
laws of the State of Indiana;
NOW, THEREFORE, IT IS HEREBY ORDAINED by the City of Jeffersonville Common
Council, that:
Section I: Property Maintenance Code
a. Adoption by reference. The 2006 Edition of the International Property
Maintenance Code, promulgated by the International Code Council (ICC), is
hereby adopted by reference as fully as if set forth herein to govern existing
buildings and structures in the City of Jeffersonville ("City"), except for the
additions or deletions which are specified in this section. At least two (2) copies
of the 2006 Edition of the International Property Maintenance Code shall be
kept in the Department of Code Enforcement, a department within and under
the immediate control of the City of Jeffersonville Department of Planning &
Zoning for public inspection.
b. Additions, modifications, and deletions. The provisions of the 2006 Edition of the
International Property Maintenance Code, adopted by subsection (a) shall be
modified, added to or deleted so that the following articles, sections, or
subsections shall read as follows:
1. Section 102.3 shall be modified to read in its entirety as follows:
Application of other codes. Repairs, additions, or alterations to a
structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the International Building
Code, International Mechanical Code, International Fuel Gas
Code, International Residential Code, and the ICC Electrical Code,
and any other applicable federal, state, or local law.
2. Sections 102.6, 103, 106, 107, 109, 110 and 111 shall be deleted in
their entirety.
3. The definition of "workmanlike" in Chapter 2 shall be modified to
read as follows: Executed in a skilled manner, e.g., generally
plumb, level, square, in line, undamaged, and without marring
adjacent work. To be workmanlike, maintenance or repair work
must be performed in a manner consistent with work done by a
skilled craftsman. In general, floors should be level, walls plumb
and square, and windows installed so that they operate easily and
fit within the rough opening to exclude the elements.
4. Section 301.2 shall be modified to read in its entirety as follows:
Responsibility. The owner of the premises shall maintain the
structures and exterior property in compliance with these
requirements, except as otherwise provided for in this Code. A
person shall not occupy as owner-occupant or permit another
person to occupy premises which are not in a sanitary and safe
condition and which do not comply with the requirements of this
chapter.
5. Sections 302.1, 302.4, 302.8, 304.3, 304.4, and 304.8 shall be deleted
in their entirety.
6. Section 304.14 shall be modified to read in its entirety as follows:
Every door, window, and other outside opening required for
ventilation of habitable rooms, food preparation areas, food
service areas, or any areas where products to be included or
utilized in food for human consumption are processed,
manufactured, packaged or stored, shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch
(16 mesh per 25 mm) and every swinging door shall have aself-
closing device in good working condition.
7. Section 305.1 shall be modified to read in its entirety as follows.
General. The interior of a structure and equipment therein shall
be maintained in good repair, structurally sound and in a sanitary
condition. Every owner of a structure containing a rooming
house, a hotel, dormitory, two or more dwelling units, or two or
more nonresidential occupancies, shall maintain, in clean and
sanitary condition, the shared or public areas of the structures and
exterior property.
8. Section 307, 308.3, 308.4, and 308.5 shall be deleted in their
entirety.
9. Section 404.1 shall be modified to read in its entirety as follows:
Privacy. Dwelling units, hotel units, rooming units, and
dormitory units shall be arranged to provide privacy and be
separate from public areas or commons areas or any other
adjoining spaces.
10. Section 404.4.4 shall be modified to read in its entirety as follows:
Prohibited occupancy. Kitchens and public nonhabitable spaces
shall not be used for sleeping purposes.
11. Section 602.3 shall be modified to read in its entirety as follows:
Heat Supply: Every owner and operator of any building who
rents, leases or lets one or more dwelling unit, rooming unit,
dormitory or guestroom on terms, either expressed or implied, to
furnish heat to the occupants shall supply heat to maintain a
temperature of not less than 68° F (20° C) during the period the
spaces are occupied.
Exceptions:
i. Processing, storage and operation areas that require
cooling or special temperature conditions.
ii. Areas in which persons are primarily engaged in
vigorous physical activities.
c. Adoption of Unsafe Building Law. Pursuant to the authority granted by the
Indiana General Assembly through the Acts of 1981, Public Law 309, § 28 and
all subsequent amendments, the City of Jeffersonville, Indiana, by legislative
action of its Common Council, hereby re-adopts the Unsafe Building Law,
being Ind. Code ~ 36-7-9-1 through Ind. Code ~ 36-7-9-29, as it may be amended
from time to time, and incorporates the definition of "substantial property
interest" contained in Ind. Code ~ 36-7-9-2, as it may be amended from time to
time. (Note: The City of Jeffersonville Common Council previously adopted the
Indiana Unsafe Building Law by and through the adoption of Ordinance 1984-OR-18;
by the adoption of this Ordinance, the Common Council hereby repeals City Ordinance
1984-OR-18).
d. Administration. The City of Jeffersonville Common Council hereby establishes
the Jeffersonville Department of Code Enforcement. Said Department shall be
under the direction and control of the City of Jeffersonville Department of
Planning and Zoning. The Department of Code Enforcement is hereby
designated as the executive department which shall administer the provisions
of the Unsafe Building Law. The Director of the City of Jeffersonville
Department of Planning and Zoning shall be the person responsible for the
administration of the Department of Code Enforcement.
e. The City of Jeffersonville Board of Public Works & Safety shall be the Board
with control over the Department of Code Enforcement for purposes of setting
performance bonds and processing expenses provided under the Unsafe
Building Law, and shall have the responsibility for fixing the average
"processing and administration expense' and a schedule of performance bonds
as provided in the Unsafe Building Law.
f. Unsafe Building Fund:
1. As provided in Section 14 of the Unsafe Building Law, a fund
designated as the "Unsafe Building Fund" shall be established
in the operating budget of the Department of Code
Enforcement. Any balance remaining at the end of the fiscal
year shall be carried over in the fund for the following year
and shall not revert to the general fund. Monies for such fund
may be received from any source including appropriations by
local, state, or federal governments, and donations. Any fund
still existing by and through the adoption of Ordinance 1984-
OR-18 shall be transferred to the fund created by this Section.
2. As further provided by Section 15 of the Unsafe Building Law,
the Department of Code Enforcement may take action to
transfer all or any part of any money which may exist in the
"building, demolition, repair and contingent fund" created by
Ind. Code § 18-5-5-7 before its repeal on September 1, 1981, to
the unsafe building fund.
g. Penalties. An ordinance citation may be issued with respect to any existing
building or structure which is in violation of the provisions of the 2006 Edition
of the International Property Maintenance Code, as adopted by reference in
Subsection (a) and modified by Subsection (b), or which is in violation of the
Unsafe Building Law, Ind. Code ~ 36-7-9-1 through Ind. Code § 36-7-9-29, as it
may be amended from time to time, adopted by reference in Subsection (c).
Such a citation shall be issued to any person with a substantial interest in the
property affected. A citation issued pursuant to this section shall impose a fine
not less than fifty dollars ($50.00) for the first day of violation, a fine not less
than one hundred dollars ($100.00) for the second day of violation and a fine of
not less than two hundred dollars ($200.00) for every day of violation thereafter
with each day of violation constituting a separate violation for which a citation
may be issued. No fine, however, shall exceed seven thousand five hundred
dollars ($7,500.00).
h. Public Nuisance. A building or property existing in violation of the standards
required by this section constitutes a public nuisance.
Section II: Vacant Building Maintenance and Registration
a. The City of Jeffersonville Common Council makes the following legislative
findings:
1. In the City of Jeffersonville, Indiana, a significant number of
unoccupied buildings are not maintained and constitute a
hazard to public health, safety and welfare.
2. Vacant buildings often become dilapidated because they are
not maintained and repaired by their owners.
3. Vacant buildings attract children, harbor vermin, shelter
vagrants and criminals, and are likely to be damaged by
vandals or arsonists.
4. Unkempt grounds surrounding vacant and abandoned
buildings invite dumping of garbage, trash and other debris.
5. Many vacant and abandoned buildings are on narrow lots and
close to neighboring buildings, increasing the risk of fire and
spread of insect and rodent infestation.
6. Vacant and abandoned buildings contribute to blight, cause a
decrease in property values, and discourage neighbors from
making improvements to buildings.
7. Buildings that remain boarded up for an extended period of
time also exert a blighting influence and contribute to the
decline of the neighborhood by decreasing property values,
discouraging persons from moving into the neighborhood,
and encouraging persons to move out of the neighborhood.
8. Vacant and abandoned buildings often continue to deteriorate
to the point that demolition of the structure is required,
decreasing available housing in the community and
contributing to the neighborhood decline.
9. The blighting influence of vacant and abandoned buildings
adversely affects the tax revenues of local government.
10. Vacant and abandoned buildings create a serious and
substantial problem and are public nuisances.
11. The City of Jeffersonville spends extraordinary resources and
staff time to secure, demolish or otherwise respond to
problems associated with vacant and abandoned buildings.
12. Owners of vacant and abandoned buildings should be held
accountable for the physical condition of their buildings. At a
minimum they should prevent such buildings from exerting
negative influence on the well-being of the neighborhoods
where they are located.
Accordingly, in addition to the property maintenance requirements set forth
and adopted in Section I of this Code, the Common Council establishes the
following standards for maintenance of any real property within the City of
Jeffersonville which is vacant and abandoned as defined by this section.
b. This section:
1. Establishes a program for ongoing identification and registration
of buildings which have been vacant for a certain length of time.
2. Establishes responsibilities of owners of these vacant buildings;
and
3. Provides for administration and enforcement of standards related
to vacant buildings.
This section should be construed liberally to effect its purpose and intent.
c. Definitions. For purposes of this Section, unless the context otherwise
requires, the following words and phrases have the meanings set forth
below:
1. For purposes of this section, vacant building means a structure or
parcel of real property which lacks the habitual presence of
human beings who have a legal right to be on the premises, or at
which substantially all lawful business operations or residential
occupancy has ceased.
2. For purposes of this section, abandoned building means a structure
on a parcel of real property which is: vacant for more than ninety
(90) days; the subject of an order issued pursuant to the Unsafe
Building Law; and at which the condition which generated the
order has existed for at least thirty (30) days and has not been
remedied.
3. For purposes of this section an owner is a person or entity with a
fee interest in a parcel of real property on which a vacant and
abandoned building is located, and whose identity and address
may be determined from an instrument recorded in the Clark
County Recorder's Office.
d. Continuing maintenance; mandatory and voluntary registration.
1. Upon finding a building vacant and abandoned, the Department
of Code Enforcement may issue to the building owner an order
for continuing maintenance pursuant to the Unsafe Building Act,
Ind. Code ~ 36-7-9, as it may be amended from time to time, or
pursuant to similar authority granted by State statute, this Code
or other statutes, ordinances and regulations.
2. The owner of a building that is abandoned as defined by this
section shall register with the Department of Code Enforcement
pursuant to Subsection (f) of this section.
3. The owner of a building that is vacant but not abandoned, within
the meaning of this section may opt to register the building with
the Department of Code Enforcement, so as to notify City officials
of the Property Manager and exchange other information
pertinent to the condition of the building.
e. Property Manager
1. The owner of a building required to be registered pursuant to this
section must appoint a Property Manager residing within fifty
(50) miles of the property. The failure to appoint a Property
Manager is a separate violation of this section. The Property
Manager may be the owner or an agent of the owner.
2. An agent acting as the Property Manager must be at least eighteen
(18) years of age.
3. The Property Manager must be available to government officials
by telephone twenty-four (24) hours a day. The owner's failure to
make certain that such a Property Manager is available and
maintains the property is a separate violation of this section.
f. Information required with registration. The owner of a building that is
vacant and abandoned shall register the property with the Department
of Code Enforcement upon receipt of an order for registration.
Registration shall be on a form provided by the Department of Code
Enforcement, shall be verified under the penalties of perjury, and shall
include the following information:
1. The street address of the property;
2. The names, addresses, and telephone numbers of all persons or
entities which hold an ownership, land contract, mortgage, or
other lien interesting the property, and all beneficiaries of any
land trust which owns the property;
3. A copy of the most recently executed deed used to transfer title to
the property and the most recently prepared sales disclosure
form, if said disclosure form is reasonably available from the
owner;
4. The names and residential and business addresses and telephone
numbers of the Property Manager;
5. The names and addresses of all persons or entities which hold a
lien interest or a substantial property interest in the property;
6. The names, addresses, and telephone numbers of the insurance
agent and the carrier providing insurance coverage for the
property as required by this section; and
7. The owner's plan for maintenance and repair of the property,
including the time within which the owner anticipates completion
of all repairs necessary to bring the property into compliance with
all Property Maintenance Codes. However, the owner's statement
of plan does not relieve the owner of any orders issued pursuant
to the Unsafe Building Law or of any obligations imposed by
statute, ordinance or regulation governing the maintenance of
property. The Department's receipt of a plan does not constitute
approval of the owner's plan or of any violation of property
maintenance standards.
8. The owner is responsible for providing an updated registration
form to the Department of Code Enforcement within five (5)
business days of any change of ownership or any information
provided by the registration. The failure of the owner to provide
such updated information within five (5) business days of any
change is a violation of this section.
g. Standards for maintenance.
1. At least once each week, the owner of a property required to be
registered under this section must ensure that the property is
inspected and secured against unlawful entry, and that it is
cleaned, vegetation is mowed, and cleared of snow and ice in the
walkways. Records of such inspections shall be provided to the
Department of Code Enforcement upon request.
2. The window and door opening of all buildings on the property
shall be secured against unlawful entry by the use of locks
designed for such use.
3. In order to protect a building against unlawful entry or vandalism
while it is vacant, an owner may secure the windows and doors of
the building by the use of boarding. If boarding is used to secure
the building, the following standards must be met: Windows
shall be framed by two-inch by four-inch (2"x4") boards secured
with plywood to the fame by using six (6) seven-inch lag bolts
into King studs in all corners and in the center of the vertical
boards. The plywood must be 4-ply CDX sheeting or approved
equivalent material, no less than one-half (1/2) inch in thickness
and attached by tamper proof screws no less than three (3) inches
in length. The screws must be type W for wood and type S for
steel, and must be applied to a maximum of eight (8) inches on
center.
4. Boarding of a vacant structure is to be considered a temporary
and not along-term method of securing the building. Any boards
applied to secure doors and windows for more than thirty (30)
days must be surface coated with exterior grade paint so as to
reduce the blighting effect on the immediate neighborhood.
h. Registration Fee.
1. The owner of any building required to be registered under this
section shall pay an annual registration fee to the Department of
Code Enforcement upon registration. However, the owner of a
building that is vacant but not abandoned within the meaning of
this section, who voluntarily registers the building pursuant to
Subsection (d)(3), is not required to pay a registration fee.
2. If the building is used for or zoned for residential purposes and
contains not more than three (3) residential units, the registration
fee shall be fifty dollars ($50.00) per year.
3. If the building is used or zoned for residential purposes and
contains more than three (3) residential units, or if it is used or
zoned for any non-residential purposes, the fee shall be two
hundred and fifty dollars ($250.00) for the first year or any part
thereof, three hundred and seventy-five dollars ($375.00) for the
second year or any part thereof, and five hundred dollars
($500.00) for the third and each subsequent year or any part
thereof that the property is required to be registered pursuant to
this section.
4. The purpose of the registration fee is to reimburse the Department
of Code Enforcement for the costs of monitoring the property and
the additional costs of responding to emergencies and property
maintenance requirements for a vacant and abandoned building.
All fees collected shall be deposited into the Unsafe Building Fund
as outlined in Section I(f).
i. Liability Insurance.
1. The owner of any property required to be registered by this
section must maintain a policy of liability insurance for the
building, and must provide to the Department of Code
Enforcement the name, address, and telephone number of the
insurance agent and carrier, along with a copy of the certificate of
or other proof of insurance coverage. The coverage required shall
be not less than one hundred thousand dollars ($100,000.00) per
occurrence and one hundred thousand dollars ($100,000.00) in the
aggregate.
2. The policy of insurance must require the agent or carrier to
provide fifteen (15) days' advance notice of cancellation to the
Department of Code Enforcement.
Exemptions. The Jeffersonville Planning & Zoning Director may exempt a
property from the registration requirements of this section if the
property is subject of an open probate estate or has suffered extensive
fire or catastrophic damage within the past ninety (90) days. Any
exemption granted shall be for a specific period of time, not to exceed
ninety (90) days. However, exemption from the registration
requirements shall not constitute approval of any violation of property
maintenance standards established by statute or this Code.
k. Penalties. An ordinance violation citation shall be issued for violating
any provision of the requirements of this section, or for knowingly
providing false information or withholding information required to be
provided by the registration requirements of this section. Such a citation
shall be issued to the owner and shall impose a fine of two hundred and
fifty dollars ($250.00) for the first day of violation, and not less than six
hundred dollars ($600.00) for all subsequent violations. No fine,
however, shall exceed two thousand five hundred dollars ($2500.00).
The citations and fines imposed by this section are in addition to other
legal and equitable remedies and enforcement action available to the
City of Jeffersonville.
Quarterly administrative reports to the Jeffersonville Board of Public Works and
filed with the Office of the City Clerk addressing implementation and
enforcement. All City offices charged with implementing and enforcing
the regulations set forth in this section shall report on a quarterly basis a
written summary of their actions to the Jeffersonville Board of Public
Works and filed with the office of the City Clerk.
Section III: Nuisances; Penalty
a. Conditions constituting public nuisances
1. In addition to what is declared in this Code to be a public nuisance,
those offenses which are known to the common law and the Statutes
of Indiana as public nuisances may, when found to exist within the
City limits, be treated as such and be proceeded against as provided
in this Section and Code, or in accordance with any other provision of
law. Wherever the word "nuisance" is used in this article it refers to
a public nuisance.
2. No owner, occupant, tenant, or any other person having a substantial
interest in any real or personal property within the City, or any agent
thereof, shall permit or allow to remain on or within such property or
upon public ways abutting such real property any materials, trash,
garbage, debris or any other matter which is detrimental to public
health, comfort, safety, or to the aesthetic well-being of the
community.
3. The following conditions shall be considered to constitute public
nuisances for the purpose of this section:
a. Litter
b. Fallen tree stumps, dead trees, cut brush, fallen or cut limbs
c. Boxes, appliances, household items and tires
d. Demolition remains
e. Open excavations, uncovered or improperly covered holes,
whether lined or unlined, and dirt piles on any open or
unfenced real property within the City
f. Accumulated garbage and trash
g. Automobile parts, disassembled automobiles, automobiles
without engines, plumbing and piping materials and parts,
scrap metal, unseaworthy or dilapidated boats, dilapidated,
deteriorated, or nonoperable jet skis, snowmobile,
motorcycles, bicycles, trailers, golf carts, or mopeds
h. Structures defaced with paint or wording
i. Any portion of real property or any personal property which
emits an unwholesome odor
j. Any waste water, filth, offal, garbage, rubbish, animal waster,
human excrement, which is deposited, allowed or caused to be
upon any public or private property
k. Any water or any other substance which is caused or
permitted to flow onto or be deposited upon any public
property or public way, except natural surface water drainage
1. Any dead animal or animal parts
m. The erection of a dam or any other obstruction by a private
property which prevents the natural flow of water and causes
it to collect or pool upon any public property
n. Any real or personal property which is infected with
contagious disease or is likely to cause an immediate health
hazard
o. The placing or accumulating on or within any real or personal
property or the permitting of the same, of any matter which
attracts or may attract rodents, insects, domestic or wild
animals in such a manner as to create a health hazard or
unsanitary or dangerous condition
p. Any real or personal property, used as a place of residence or
habitation or for sleeping, that is maintained in such a way as
to be dangerous or detrimental to life or health due to lack of
or defects in water, drainage, heat, electricity, plumbing,
ventilation or garbage and trash removal
q. The storage of any explosive, combustible or other material
which creates a safety or health hazard
r. Trees, shrubbery, weeds, snow or other matter obstructing
public ways, or causing visual barriers which create vehicular
traffic or pedestrian safety hazards
s. Trash or garbage containers left upon the sidewalk, the area
between a street and sidewalk or the front or side yard, except
as permitted by Code or Ordinance for trash and garbage
collection purposes
t. Building materials stored on any lot in violation of Section
IV(h), below
u. Any furniture, not originally designated or manufactured
solely for outdoor use; or any furniture which was originally
designed or manufactured for outdoor use, which is now
dilapidated or deteriorated
b. Citations
When a public nuisance is found to exist and after all persons known to
have substantial interest in the property have been given reasonable
opportunity to bring property into compliance and have not done so, the
Department of Code Enforcement may issue a city ordinance violation
citation to the record owner of the property or to the person shown to
have right of exclusive possession of the property. Such citation shall
impose a fine in conformance with Section III(i), below. Each subsequent
day of violation shall be considered a separate violation for which a
citation may be issued.
c. Notice Prior to Abatement by City
The Department of Code Enforcement shall give forty-eight (48) hours'
notice, in writing, to remove any real or personal property within the
City or any object or condition which is deemed a public nuisance under
Section IV(a)(3) of this Section. Such notice shall be given to the owner
of record or his agent, and to any tenant or occupant of the property
upon which nuisance exists. Notice to the record owner may be mailed
to his last known address. Notice to any tenant or occupant may be
given by posting same in a prominent place upon the premises where
the nuisance is located.
d. Failure to Comply with Notice to Abate
Failure, neglect, or refusal by the record owner or his agent, or the tenant
or occupant, to comply with the terms of the notice given pursuant to
Section IV(c) shall constitute a violation of this section. Each day's
failure, neglect or refusal to abate the nuisance following notice pursuant
to IV(c) shall constitute a separate offense under this Section.
e. Abatement by City
Upon the failure, neglect or refusal of any party to whom notice to abate
a nuisance has been given under Section IV(c) or whenever a nuisance
exists which creates a health or safety hazard requiring immediate
abatement in order to protect public health or safety, the Department of
Code Enforcement, or its designee, may abate the nuisance, keeping
accurate account of all costs, and shall bill them to the record owner or to
the person shown to have the right of exclusive possession of the
property. Appropriate legal action may be taken to collect such costs if
they remain unpaid forty-five (45) days after the billing date. Unpaid
costs may be made a lien against the property.
f. Duties of Owner or Persons in Control of Vacant Lots
1. Any person owning or controlling any vacant lot within
the City must keep same free of trash, litter, debris,
garbage and similar material.
2. All persons owning or controlling vacant lots shall mow
the lot or cause it to be mowed before the weeds or grass
thereon reach a height of more than nine (9) inches.
3. If a person owning or controlling a vacant lot fails to
maintain it in accord with the conditions set forth in this
article, the Department of Code Enforcement or its
designee shall proceed with notice and abatement
procedures as set forth in this Section.
g. Weeds and Rank Vegetation; Removal of Vegetation
1. Definitions. As used in this section, "weeds and rank
vegetation" means grass and weeds which is or may be
harmful to the senses, health or well being of citizens of
the City. Pursuant to Ind. Code ~ 36-7-10.1-3, weeds and
rank vegetation does not include agricultural crops, such
as hay and pasture.
2. Prohibitions. No owner of real property or other person
with a substantial property interest shall allow any
growth of grass or weeds in excess of nine (9) inches in
height upon his property. No owner of real property
shall allow the growth of rank vegetation upon his
property. A property existing in violation of this
standard constitutes a public nuisance.
3. Notice. The Department of Code Enforcement shall give
forty-eight (48) hours notice, in writing, to remove from
any real or personal property within the City, weeds and
rank vegetation. Such notice shall be given to the owner
of record or his agent and to any tenant or occupant of
the property upon which the weeds and rank vegetation
exists. Notice to the record owner shall be mailed to the
last known address of the record owner by certified mail,
return receipt requested, or an equivalent service under
Ind. Code § 1-1-7-1. Notice to any tenant or occupant
may be given by posting the same in a prominent place
upon the premises where the weeds and rank vegetation
exists.
4. Failure to comply. Upon a failure to comply with a notice
issued pursuant to Section IV(g)(3) of this Ordinance, the
Department of Code Enforcement or an entity acting on
behalf of the Department of Code Enforcement may enter
upon the property to abate the violation of this Section by
cutting the weeds and rank vegetation.
5. Bill issued to record owner. In the event the Department of
Code Enforcement or an entity acting on its behalf is
forced to remove the weeds and rank vegetation, the
Department of Code Enforcement shall issue a bill to the
record owner of the property or to the person shown to
have the right of exclusive possession of the property.
The bill shall include removal costs as well as any
administrative costs incurred in the process.
6. Appeals. Any appeal of either the abatement notice or the
bill must be made in writing within ten (10) days of the
date of the document being appealed. The appeal must
be in writing and must be filed with the Department of
Code Enforcement. If a written appeal is filed with the
Department of Code Enforcement, the matter shall be
scheduled for a hearing before the hearing authority and
a hearing shall be held pursuant to Ind. Code § 36-7-9.
The hearing authority's order regarding this appeal is
considered final from the date of its issuance and is
subject to judicial review pursuant to the provisions of
Ind. Code ~ 36-7-9-8.
7. Failure to pay bill. If the owner fails to pay a bill issued
pursuant to this section within the time specified in the
bill, or within the time specified in the order if an appeal
of the bill was made, the Department of Code
Enforcement shall certify to the Auditor of Clark County
the amount of the bill, plus any additional administrative
costs incurred in the certification. The Auditor of Clark
County shall then place the entire amount certified on the
tax duplicate for the property affected, and the total
amount, including any accrued interest, shall, upon
collection, be disbursed to the general fund of the City of
Jeffersonville.
h. Storage of Building Materials
Building materials and equipment may be placed or stored on lots zoned
as residential or commercial only during the process of building on said
lot or for a period of no longer than one (1) month prior to a
commencement of building and no longer than ten (10) days after the
completion of building on said lot.
i. Penalties
Except as otherwise provided, any person violating a provision of this
Section shall be deemed guilty of an offense and fined not less than one
hundred dollars ($100.00) for a s for a first offense in any calendar year,
with the second offense carrying a civil penalty of two hundred fifty
dollars ($250.00), and the third and subsequent offenses during any
calendar year carrying a penalty of five hundred dollars ($500.00). No
fine for any individual offense shall exceed seven thousand five hundred
dollars ($7,500.00). Each day after the expiration date of the time limit
ordered by the Department of Code Enforcement for abating a nuisance
condition under this Section shall constitute a distinct and separate
offense.
ORDINANCE ADOPTION
If any section, subsection, sentence, clause or phrase of .this ordinance is, for any
reason, held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City of Jeffersonville Common Council hereby declares that
it would have passed this Ordinance, and each section, clause or phrase thereof, irrespective
of the fact that any one or more sections, subsections, sentences, clauses, or phrases be
declared unconstitutional.
It is hereby ordered that this Ordinance be published in a newspaper of general
circulation in Jeffersonville, Clark County, Indiana, one (1) time within thirty (30) days after
its passage.
NOW THEREFORE, BE IT HEREBY FURTHER ORDAINED that this Ordinance
governing the maintenance of existing buildings and property within the City of
Jeffersonville as herein set forth shall become effective upon the date of its final passage by
the Common Council of the City of Jeffersonville, approval of the Mayor, and when properly
published in accordance with the Indiana Code.
Voted for:
Voted Against:
PASSED AND ADOPTED by the Common Council of the City of Jeffersonville, Clark
County, Indiana, upon this day of ~#, 2010.
~ poem ~,r
ATTEST:
~.,~1 eax-c~.¢,u
PEG ILDER, Clerk-Treasurer
City of Jeffersonville
PRESENTED by me to the Mayor of the City of Jeffersonville, Clark County, Indiana,
upon this ~ ~' day of ~p~,e.m ~ ~ r 2010.
PEG ILDER, Clerk-Treasurer
City of Jeffersonville
SIGNED AND APPROVED by me upon this ~~ day of ~ OQ~Y 2010.
THOMAS GALLIG Mayor
City of Jeffersonville
TTEST:
ail/
PEG ILDER, Clerk-Treasurer
City of Jeffersonville