HomeMy Public PortalAbout016-1978 - Nuidasnces and to Facilitate the RemovalGENERAL ORDINANCE. NO. 16-1978
AN ORDINANCE CONCERNING NUISANCES AND TO FACILITATE TIIE: RII`•10VAL THEREOF.
WHEREAS, it is the responsibility of the Common Council, of the City of Richmond,
Indiana, to preserve the health and welfare of the citizens of said City of
Richmond, Indiana; and,
WHEREAS, certain persons store inoperable machinery and parts of said machinery
in places which are in view from the public streets, public premises and public
highways; and,
I%HEREAS, such storage of inoperable machinery is and has a deteriorating effect
on the property value of adjoining property and is offensive to citizens of the
City of Richmond, Indiana.
NOW THEREFORE, BE IT ORDAINED BY THE CMICIN COUNCIL OF THE CITY OF RICHMOND,
WAYNE COUNTY, INDI.ANA, THAT:
SECTION 1. The storage of inoperable machinery, motor vehicles, junk vehicles
and parts of machinery on any premises within view of any public premises or
public street or highway, and not a licensed business to store junk vehicles, with-
in the corporate limits of the City of Richmond, Wayne County, Indiana, shall be
and hereby is declared to be a nuisance.
SECTION 2. That any person or officer of the City of Richmond, including but
not limited to zoning inspectors and police officers, shall upon finding a
nuisance, as defined in Section 1. above, file a complaint of the maintaining
of a nuisance against the person or persons upon whose property the nuisance
exists with the Board of Public Works and Safety of the City of Richmond,
Indiana.
SECTION 3. That the Board of Public Works and Safety, upon receiving such
complaint, shall cause the owner of the premises upon which the nuisance is
maintained, to be given notice to appear before such Board and to there show
cause at a hearing, why said nuisance should not be removed from the premises.
Such hearing is to be held not less than seven (7) nor more than twenty-one
(21) days after receipt of a complaint.
SECTION 4. Provided that at such hearing, the owner of the premises shall not
show sufficient reason why said nuisance should not be removed or should the
owner of the premises, upon which the nuisance is maintained, fail to appear at
such hearing, the Board of Public Works and Safety may order the nuisance removed.
SECTION 5. Provided the owner of the premises, upon which the nuisance is main-
tained, shall fail to remove such nuisance within a reasonable time, then in such
event, the Board of Public Works and Safety may cause the nuisance to be removed
and charge the cost thereof against the owner and that cost shall constitute a
lien upon the real estate from which the nuisance is removed.
SECTION 6. A list of persons who fail to comply with the foregoing requirements
together with the description of their property, upon which a lien is created,
and such cost and charges shall be furnished to the City Controller and it shall
be his duty to collect the same as assessments for street and sewer improvements
are collected.
SECTION 7. Any person who fails to remove such nuisance, within thirty (30)
days after being ordered to remove such nuisance by the Board of Public Works and
Safety, shall be deemed guilty of an infraction of the Municipal Code of the City
of Richmond, Wayne County, Indiana, and upon conviction, shall be fined not less
than twenty-five dollars ($25.00) nor more than three hundred dollars ($300.00).
SECTION 8. If any action, subsection, sentence, clause, phrase or portion of
this Ordinance is for any reason held 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
remaining portions thereof.
SECTION 9. That this ordinance shall be and hereby is made a part of the
Municipal Code of the City of Richmond, Indiana and shall be designated as
Section 11.70 of such Code.
SECTION 10. This ordinance shall be in full force and effect from and after its
passage, adoption and publication as provided by law.
PASSED AND ADOPTED BY THE COM,COUNCIL OF THE CITY OF RICHMOND, Wayne County,
Indiana., this 0 � day of d��8.
\/ ___7-esyideht o the Common Council
ATTEST: Q U.Pl-
1ty Clerk
PRESENTED by me, the City Clery to the Honorable Mayor of the City of Richmond,
Indiana this _:T4 day of (( !f �.,_C. lq8.
CityiClerk
APPROVED by me, this J day of CE?,� , 1978..;
A.
1 Mayor.
ATTEST: '�L
City'Cler
-2-