It is hereby declared to be the purpose of this chapter to protect public safety, health and welfare and enhance the environment for the people of the city by making it unlawful for property owners and occupants to allow an environmental public nuisance to exist.

(G.O. 30, 1995, § 1)

As used in this chapter, the following terms shall have the meanings ascribed to them in this section. The word "shall" is always mandatory and not merely directory.

Authorized individual means a designee of the director of the department of business and neighborhood services.

Environmental public nuisance means:

(1)

Vegetation on private or governmental property that is abandoned, neglected, disregarded or not cut, mown, or otherwise removed and that has attained a height of twelve (12) inches or more;

(2)

Vegetation, trees or woody growth on private property that, due to its proximity to any governmental property, right-of-way or easement, interferes with the public safety or lawful use of the governmental property, right-of-way or easement or that has been allowed to become a health or safety hazard;

(3)

A drainage facility as defined in Chapter 561 of this Code on private or governmental property, which facility has not been maintained as required by that chapter;

(4)

Property that has accumulated litter or waste products, unless specifically authorized under existing laws and regulations, or that has otherwise been allowed to become a health or safety hazard; or

(5)

Any non-stormwater discharge to a municipal separate storm sewer, combined sewer or surface water body, except for the following allowable discharges:

a.

Snowmelt;

b.

Compliant discharges regulated by a National Pollution Discharge Elimination System (NPDES) permit;

c.

Water line and hydrant flushing for maintenance;

d.

Landscape and lawn irrigation and watering;

e.

Diverted stream flows;

f.

Uncontaminated footing, foundation, and crawl space drains;

g.

Uncontaminated ground water;

h.

Fire suppression activities;

i.

Springs;

j.

Dechlorinated/debrominated swimming pool discharges;

k.

Non-commercial car washing by non-profit organizations;

l.

Residential car washing;

m.

Uncontaminated condensate from air conditioning units, coolers and other compressors and from outside storage of refrigerated gases or liquids;

n.

Vehicle and external building wash down, without detergents;

o.

Detergent-free pavement wash water without spill or leaks of toxic or hazardous materials, unless the materials have been removed; and

p.

Uncontaminated excess storm sewer cleaning water not collected by a vacuum.

Equipment means such equipment as trucks, tractors, bulldozers and similar motor vehicles and hand-operated equipment such as weed trimmers and similar equipment.

Excluded property means:

(1)

Cultivated land in commercial, domestic, agricultural or horticultural use;

(2)

An existing natural or developed forest that does not create a health or safety hazard;

(3)

Vacant, open lands, fields or wooded areas more than one hundred fifty (150) feet from occupied property;

(4)

A nature habitat area more than one hundred fifty (150) feet from an occupied structure on adjacent property and determined by state and/or local governmental health authorities not to be a health or safety hazard;

(5)

A wetland area designated by the United States Department of 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;

(6)

The portion of real property designated as a rain garden area and registered with the city's rain garden registry and agreement program; or

(7)

The portion of real property designated as a native wildlife planting area and registered with the city's native wildlife planting registry and agreement program.

Governmental property means real estate that is owned, leased, controlled or occupied by the United States, the State of Indiana, or any political subdivision thereof.

Occupant means the person, firm, partnership, association, corporation, business trust, joint stock company, unincorporated organization, religious or charitable organization, or entity who is from time to time in possession or exercising dominion and control over the real estate or any house or other structure located thereon. Occupant shall include any lessee of the property.

Owner means the record owner or owners as reflected by the most current records in the county assessor's office.

Private property means all real estate within the city except governmental property.

Recipient means the owner or occupant to whom notice of violation has been directed.

Repeat violation occurs when a property owner or occupant who has previously been issued notice of a similar environmental public nuisance for the same property or who has been found by a hearing or judicial officer to have allowed a similar environmental public nuisance to exist at the same property allows a subsequent similar environmental public nuisance to exist at that property within eighteen (18) months of the date of the previous notice or finding of violation, whichever is later. A repeat violation does not occur when multiple violations of subsection (4) of the definition of environmental public nuisance are alleged and:

(1)

The owner or occupant can demonstrate that illegal dumping was the cause of the underlying violations; and

(2)

The owner or occupant has made a reasonable effort to prevent illegal dumping from recurring.

(G.O. 30, 1995, § 1; G.O. 35, 2003, § 1; G.O. 38, 2007, § 1; G.O. 85, 2008, § 3; G.O. 44, 2009, § 10; G.O. 63, 2009, § 50; G.O. 43, 2010, § 1; G.O. 41, 2016, § 2; G.O. 16, 2022, § 44; G.O. 25, 2025, § 9)

Cross reference— Definitions generally, ch. 102.

(a)

Each department or agency of the United States, the State of Indiana, or political subdivision thereof shall be required to keep governmental property within the city free from environmental public nuisances.

(b)

All owners, occupants, or other persons in control of any private property within the city shall be required to keep the private property free from environmental nuisances.

(G.O. 30, 1995, § 1)

It shall be unlawful for any property owner or occupant to allow an environmental public nuisance to exist. This provision shall not apply to excluded property.

(G.O. 30, 1995, § 1)

(a)

Any department of the city that receives a complaint regarding an environmental public nuisance on any property within the city shall forward that complaint to the department of business and neighborhood services, which shall make a record of, and assign a case number to, such complaint. An authorized individual shall visually inspect the property in question. If the authorized individual determines that a violation exists, the department shall issue a notice of violation to the owner if the city intends to proceed under the provisions of section 575-7 of this chapter and, in the department's sole discretion, to the occupant. A notice of violation issued for an environmental public nuisance remains in effect for the calendar year in which it is issued if the city abates the environmental public nuisance under the provisions of section 575-7 of this chapter. After such abatement by the city, without issuance of further notice, the city may continue to reinspect the subject property and may abate subsequent violations of the environmental public nuisance and may recover its abatement costs under this chapter.

(b)

Notice of violation described in subsection (a) shall be issued either by personal service or by first class United States mail, postage prepaid. Such notice shall state the nature of the alleged environmental public nuisance and the action deemed necessary to correct the condition, and shall fix a date not sooner than five (5) days from the date of the notice for vegetation of a height of twelve (12) inches or more and ten (10) days from the date of the notice for all other violations under this chapter, when the property will be re-inspected, unless the nuisance poses an imminent threat to public safety, health and welfare, in which case the above timeframes may be lessened. The notice shall inform the recipient that, if the condition is not corrected upon reinspection, the city has the right to enter on the property to abate or correct the condition and bill the recipient for costs incurred in so doing, which costs shall be due thirty (30) days after the date of the bill. Delinquent inspection costs shall constitute a lien against the real property and shall be certified to the auditor and collected as provided in IC 36-7-5. A notice to the occupant at the real estate or to the owner at the address to which property tax statements are sent as these addresses are shown by the most current records in the county assessor's office shall be sufficient notice under this subsection.

(G.O. 30, 1995, § 1; G.O. 35, 2003, § 2; G.O. 38, 2007, § 1; G.O. 39, 2009, § 1; G.O. 63, 2009, § 51; G.O. 41, 2016, § 2; G.O. 16, 2022, § 45)

If, upon reinspection, it is determined that the environmental public nuisance has been corrected, the recipient shall not be liable for any charges under section 575-7(b)(1) of this chapter.

(G.O. 30, 1995, § 1)

(a)

Abatement by city. If, upon reinspection, it is determined by the authorized individual that abatement has not occurred, or if vegetation of a height of twelve (12) inches or more is present on a property in the same calendar year in which the city previously abated a violation of a similar nature on that property, then the director of the department of business and neighborhood services, or his or her designee, may enter upon the premises and abate the environmental public nuisance. The recipient shall be liable for the costs of abatement. After abatement is completed, the department shall, either by personal service or first class United States mail, postage prepaid, send the recipient a bill for the costs of abatement.

(b)

Responsibility of occupant or owner for costs of abatement.

(1)

Abatement costs. As reimbursement to the department of business and neighborhood services for its costs, the recipient shall, within ten (10) days of the date of the bill, pay to the department the following fees and charges:

a.

An administrative fee, provided in section 131-501 of the Code, for such administrative tasks as inspecting the property to determine compliance, determining ownership and preparing and mailing notices;

b.

Any disposal fees actually incurred to dispose of litter and waste products removed;

c.

Any other reasonable fees actually incurred in abating an environmental nuisance; and

d.

Administrative, labor and equipment fees may be changed or established by regulation of the board of business and neighborhood services as necessary to assure that such fees are adequate to reimburse the department.

(2)

Hearing. A recipient may request in writing an informal hearing before the director of the department of business and neighborhood services, or his or her designee, to dispute the existence of a violation and/or the accuracy of all or part of the costs of abatement billed. Upon receipt of a hearing request, the department shall not take abatement action until after the director or his or her designee notifies the recipient of his or her decision. After such hearing, the director of the department of business and neighborhood services, or his or her designee, shall determine the existence of a violation and/or the accuracy of all or part of the abatement costs billed and shall notify the recipient of any amounts due to the department. The decision of the director, or his or her designee, shall be final.

(3)

Unpaid costs become lien upon affected property; perfecting of lien. Upon the failure of the owner who was sent a bill to pay the appropriate fees and charges within the ten-day time period, the department of business and neighborhood services shall have a lien upon the property on which the environmental public nuisance was abated for the amount billed in accordance with the fee schedule listed above. In addition, there will be a ten-dollar ($10.00) charge for services necessary in order to perfect such lien. Such liens may be perfected in the following manner:

a.

By the adoption by the board of business and neighborhood services at any regular or special meeting thereof of an assessment resolution, which shall give the name of the owner or owners, a description of the property on which the environmental public nuisance was abated, and the amount of the charges being assessed;

b.

The certification of such assessment resolution to the county auditor, who by special assessment shall cause the amount thereof to be placed on a tax duplicate for the property on which the environmental public nuisance was abated for collection as in the nature of a real property tax; and

c.

Upon receipt of a written verified request from the purchaser, the department shall release liens perfected after the recorded date of conveyance of the property. The request must state that the purchaser was not an owner or occupant of the property at the time of the notice of violation or at the time of the city's abatement without notice of a subsequent violation of a similar nature in a calendar year as provided in this chapter, had no knowledge of the notice of violation and has not been paid by the seller for the costs of abatement billed.

(4)

Civil action to recover costs of abatement. Upon the failure of the recipient who was sent the notice of violation and bill to pay the appropriate fees and charges within the ten-day period, the department of business and neighborhood services may bring a civil action in court against such recipient to recover the amount billed, plus reasonable attorney's fees.

(G.O. 30, 1995, § 1; G.O. 35, 2003, § 3; G.O. 38, 2007, § 1; G.O. 39, 2009, § 2; G.O. 63, 2009, § 52; G.O. 43, 2010, § 2; G.O. 41, 2016, § 2)

(a)

In addition to or in lieu of the foregoing, if, upon inspection, it is determined by the authorized individual that an environmental public nuisance exists, the department of business and neighborhood services may initiate a civil court action or administrative adjudication for ordinance violation against the owner or occupant of the property. A court action shall be initiated by submitting a written request to the corporation counsel to file a complaint of ordinance violation and/or to enjoin any environmental public nuisance. Administrative proceedings may be initiated by an authorized individual or by corporation counsel by following the procedures set forth in Chapter 103, Article V.

(b)

Regardless of whether later abatement by the recipient has occurred, the department may initiate an administrative adjudication or a civil court action for any violation of this chapter.

(G.O. 30, 1995, § 1; G.O. 181, 1997, § 4; G.O. 35, 2003, § 4; G.O. 38, 2007, § 1; G.O. 63, 2009, § 52; G.O. 41, 2016, § 2)

(a)

Any owner or occupant found in violation of this chapter may be fined not more than two thousand five hundred dollars ($2,500.00) for each violation. Each day such violation is permitted to continue shall constitute a separate violation. A previous violation of this chapter may be considered in determining the penalty assessed. Notwithstanding section 103-3 of this Code, a finding that a violation occurred or an admission that a violation occurred is not required to assess and recover a penalty if the recipient subject to the penalty agrees to pay the penalty pursuant to either an agreed judgment or consent decree in a court action for ordinance violation or a compliance agreement in an administrative adjudication.

(b)

Notwithstanding paragraph (a) above, a recipient shall be fined two thousand five hundred dollars ($2,500.00) for each repeat violation.

(c)

The department of business and neighborhood services may publish a list of the names of owners and occupants who have been cited for a repeat violation under this chapter and the addresses of the affected properties. The director shall determine the frequency of publication.

(G.O. 30, 1995, § 1; G.O. 181, 1997, § 4; G.O. 38, 2007, § 1; G.O. 39, 2009, § 3; G.O. 63, 2009, § 52; G.O. 41, 2016, § 2)

An owner or occupant may submit a written request for a variance to the board of business and neighborhood services if compliance with this chapter will cause undue hardship to such owner or occupant without a sufficient corresponding benefit to the health or safety of the public. To receive consideration, such request must be received prior to the time the city abates the environmental nuisance on the property. Upon receipt of a request, the board of business and neighborhood services shall schedule a hearing and notify the owner or occupant of the time and place. At least ten (10) days prior to the hearing, the owner or occupant shall notify in writing the owners and occupants of all property within one hundred fifty (150) feet of the property for which the variance is requested. The notice shall state the location of the property for which the variance is requested, the nature of the variance requested, and the time and place of the hearing. At the hearing, the owner or occupant requesting the variance, representatives of the city, representatives of state or local governmental health authorities and any person affected by the proposed variance may present evidence. After the hearing, the board of business and neighborhood services may grant or deny the request. The decision of the board shall be final. Within ten (10) days of the decision, written notice of the board of business and neighborhood services' decision shall be given to the owner or occupant who requested the variance.

(G.O. 30, 1995, § 1; G.O. 38, 2007, § 1; G.O. 39, 2009, § 3; G.O. 63, 2009, § 52; G.O. 41, 2016, § 2)

The board of business and neighborhood services may, by resolution, promulgate rules and regulations necessary to implement and carry out the provisions of this chapter.

(G.O. 30, 1995, § 1; G.O. 63, 2009, § 52; G.O. 41, 2016, § 2)

The board of business and neighborhood services may release any liens for abatement costs or judgment liens for any other amount due pursuant to this chapter if it finds that the benefit to the city outweighs the detriment caused by such a release. The board may require parties affected by the release to agree to whatever conditions the board deems appropriate; provided, however, all conditions shall be set forth in a conditional release of the lien and shall be recorded in the office of the county recorder. If the board finds that an affected party has failed to comply substantially with the conditions imposed by the board, the release shall be void and the lien affecting the property may be reinstated by the board.

(G.O. 30, 1995, § 1; G.O. 63, 2009, § 52; G.O. 41, 2016, § 2)

In the event any section, subsection, clause, phrase, or portion of this chapter is for any reason held illegal, invalid, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remainder of this chapter. It is the legislative intent of the council that this chapter would have been adopted if such illegal provision had not been included or any illegal application had not been made.

(G.O. 38, 2007, §§ 2, 3)