Ordinance 1995-16

AN ORDINANCE PROHIBITING THE MAINTENANCE OF A NUISANCE, DEFINING A NUISANCE, AND PROVIDING A PENALTY FOR VIOLATION

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF MILLERSBURG:

Section 1. Except for premises permitted for such use under the zoning ordinance, it shall be unlawful to accumulate or to allow the accumulation upon any premises within the corporate limits of the Town of Millersburg, of garbage, ashes, refuse, rubbish, manure, offal, carcasses, junk, automobile parts and bodies, tires, junk appliances, bedding, junk furniture, clippings from growth, old newspapers and all other kinds of organic or inorganic materials generally classified as junk or refuse, provided, however, that nothing herein contained shall prevent the accumulation and storage of items of value which are stored in a secured building out of the sight of the public and occupiers of adjoining property when such storage does not constitute a health or fire hazard and provided further that this section shall not prevent the accumulation and storage in the proper manner of items to be picked up by the sanitation service.

Section 2. The Marshal shall notify the owners and occupying tenants in writing of any property found to have accumulations in violation of this ordinance, which notice shall be delivered to a person of suitable age residing on the premises or, in case of vacant land or unoccupied buildings, mailed to the owner of record as disclosed by the records in the Office of the Auditor of Elkhart County, notifying such owner or occupant to remove such unlawful accumulations within a reasonable time, not to exceed thirty (30) days.

Section 3. In the event such accumulation has not been removed within the period designated by the Marshal, the Street Department is hereby authorized to enter upon said premises and remove such unlawful accumulations. The cost of such removal shall be a lien upon the real estate from which said accumulations are removed and the Street Superintendent shall certify the costs of such removal to the Clerk-Treasurer who shall in turn certify such costs to the Auditor of Elkhart County and added to the tax statements and collected in the same manner as real estate taxes are collected upon such premises.

Section 4. It shall be unlawful for any person to fail to obey the directions of a notice served personally upon him pursuant to this ordinance.

Section 5. This ordinance shall be effective upon adoption and publication as provided by law.

Adopted this 4^th day of December, 1995