HomeMy WebLinkAbout2004-OR-20
Ordinance No. 2004-OR-20
BEFORE THE COMMON COUNCIL
FOR THE CITY OF JEFFERSONVILLE
STATE OF INDIANA
AN ORDINANCE AUTHORIZING CITY TO REMOVE DEBRIS~ TRASH,
GARBAGE~ RUBBISH~ LITTER~ REFUSE~ JUNK AND TIRES
WHEREAS, the Common Council for the City of Jeffersonville ("the
Council") is the legislative body having the statutory authority to adopt ordinances
to ensure the public health, safety, and welfare; and
WHEREAS, the Council acknowledges that it is important to the public
health, safety, and welfare that the City of Jeffersonville ("the City") have an
effective ordinance to ensure that the exterior of all premises and the condition of
all buildings and structures thereon shall be maintained so that the appearance
thereof shall reflect a level of maintenance in keeping with the standards of the
community and so as to avoid blighting effect and hazards to general public;
NOW THEREFORE, BE IT ORDAINED by the Council it hereby adopts
the following procedures to ensure that all premises are free of all debris, trash,
rubbish, litter, garbage, refuse, junk and tires;
I. MUNICIPAL DEPARTMENT RESPONSIBLE FOR ADMINISTRATION.
Unless specifically stated elsewhere in this chapter, the Building
Commissioner shall be responsible for the administration of actions taken
under this chapter including, but not limited to, the issuance of notices to
landowners and other persons, the issuance of certification of cost to the
County Auditor, and the administration of the appeals procedure.
I1.
MAINTAINING PREMISES FREE OF DEBRIS, TRASH, LITTER,
GARBAGE, REFUSE, AND JUNK.
The owner of any lot or parcel of real estate within the city shall
maintain the premises, including the real estate, or any alley or
sidewalk abutting the real estate, free of all debris, trash, rubbish,
litter, garbage, refuse and junk when such material is within view of
any public premises or public alley, street or highway, to such an
extent that the premises, in the Building Commissioner's opinion, is
a hazard to health, safety and welfare.
b. The presence of debris, trash, rubbish, litter, garbage, refuse, tires,
and junk is injurious to the public welfare and is a nuisance.
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III.
INSPECTION AND NOTICE OF VIOLATION.
The Building Commissioner is entitled to enter upon the premises of
any real property within the city to determine compliance with this chapter.
If the Building Commissioner determines there is a violation of this
ordinance, he shall send, by certified mail, a written notice to the owner(s)
of the real estate and all other persons holding a substantial interest in the
real estate (hereinafter collectively "the landowner"), requiring removal of
the material within ten (10) days. The notice must also inform the
landowner that failure to comply will result in the City removing and
disposing of the material at the landowner's expense. The notice must
also inform the landowner of his/her right to appeal the Building
Commissioner's determination according to the procedure set forth herein.
The Building Commissioner will determine the identity of the landowner
and the landowner's address from the tax duplicate records of the Clark
County Auditor.
IV. FAILURE TO REMOVE AND NOTICE OF ABATEMENT.
If the I'andowner fails to remove the material within the time prescribed,
the Building Commissioner may cause the City or its agent to remove and
dispose of the material as allowed under I.C. 36-1-6-2 (as amended). The
Building Commissioner must then prepare a certified statement of the
actual costs of the City incurred in removing and disposing of the material
plus any additional administration costs incurred in the City's effort to
enforce this ordinance. The certified statement of costs must be delivered
to the landowner of the property by certified mail at his/her last known
address as determined by the tax duplicate records of the Clark County
Auditor. The landowner must pay the amount specified in the certified
statement to the Building Commissioner or Clerk-Treasurer within ten (10)
days after receiving the statement. If the landowner fails to pay the
amount within the required time, a certified statement of the landowner's
failure to pay the cost will be filed with the office of the Clark County
Auditor. Pursuant to I.C. 36-7-10.0-4 (as amended), the Auditor will then
place the amount claimed on the tax duplicate against the property
affected by the work. The amount will thereafter be collected and
disbursed to the general fund of the City, as are other property taxes.
LIEN UPON PROPERTY.
In addition to the above procedure, if the landowner fails to remove the
material within the time specified in the notice provided for herein, and the
City, or its agent, must remove the material, the Building Commissioner may
file with the County Recorder a lien against the property, which lien may be
foreclosed as are other similar liens. Any additional cost created by the
necessity of the City having to remove and dispose of such material, and
foreclose such lien, may be added to the cost of enforcing compliance with
this ordinance.
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VI. NOTICE OF APPEAL.
Any landowner may appeal to the Board of Public Works and Safety with
regard to any action under this chapter. An appeal of the removal and
disposal of material, or the costs associated with the removal, must be
submitted in writing and be received within ten (10) days of the initial notice of
violation or within ten (10) days of receipt of the certified statement of costs.
The Board of Public Works and Safety will review an appeal of any notice of
violation or statement of costs under this chapter at its next regularly
scheduled meeting.
IT IS HEREBY FURTHER ORDAINED that the Clerk and Treasurer of the
City of Jeffersonville must cause notice of the passage of this Ordinance to be
published in the Jeffersonville Evening News within thirty (30) days of its
adoption.
This Ordinance shall be in full force and effect from and after its passage
and approval.
Passed this ~ day of ~,kO~ (~
Robe rt~'L~. 'Wai/, Jr.
Presiding Offi'cer
ATTEST:
Clerk and Treasurer
Presented by me as Clerk and Treasurer to the Mayor of said City of
Jeffersonville this ~ day of ~ ,2004 at t'.OO ~-~ m.
Peggy V~TIU'e r
Clerk and Treasurer
This Ordinance approved and signed by~
~,~ , 2004.
Robert !.~ai.
his day of
¢
Jr., Mayor
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