Town of Dupont

AN ORDINANCE OF THE TOWN OF DUPONT COUNCIL ESTABLISHING A PROCEDURE FOR ABATEMENT OF TRASH/JUNK AND/OR DEBRIS ON PERSONAL PROPERTY WITHIN THE TOWN OF DUPONT

WHEREAS, the Town of Dupont Council chooses to establish an ORDINANCE for the procedure for abatement of trash, junk and/or debris on personal property.

NOW, THEREFORE BE IT ORDAINED BY THE TOWN OF DUPONT COUNCIL OF THE TOWN OF DUPONT, IN THE COUNTY OF JEFFERSON, STATE OF INDIANA, as follows:

Section I: Definitions.

The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Trash, Junk and Debris means anything worthless, useless, or discarded; rubbish. Something worth no value, or in a crumbled or broken state, or abandoned.

Section II: Administration.

The office of the Clerk-Treasurer of the town shall be responsible for the administration of this article.

Section III: Owner’s responsibility.

It shall be unlawful for the owner or any occupant of real property within the corporate limits of the town to permit trash, junk and/or debris to accumulate upon such property. All owners of real property within the corporate limits of the town shall remove all trash, junk and/or debris that has accumulated upon the property.

Section IV: Notice by clerk-treasurer.

Upon determination by the Nuisance Enforcement Officer or a Member of the Town Council that excessive trash, junk and/or debris exists, the clerk-treasurer shall issue a written notice to the landowner that the trash, junk and/or debri must be removed within thirty (30) days of the mailing of the notice, which notice shall be sent to the landowner’s last known address by United States first class mail, or, in the alternative, the clerk-treasurer may have the office of the sheriff’s department deliver the notice to the landowner personally, and such notice shall be deemed given on the date of mailing if mailed, or on the date of personal delivery if served by the office of the sheriff’s department. Certified mailing of the notice is not required, but may be done in addition to the first-class mailing, at the option of the clerk-treasurer. The landowner may appeal the order to remove the trash/junk by delivering to the office of the Clerk-Treasurer written notice of contest within ten (10) days of the mailing of the notice if mailed, or within ten (10) days of the delivery of the notice in person by a member of the Town Council member.

Section V: Removal by town.

(A) If the landowner fails to remove the trash, junk and/or debris within the time prescribed in the notice as set forth in section IV, the town may remove the trash, junk and/or debris, as permitted by IC 36-7-10.1-3 and 36-1-6-2, by having employees of the town enter upon the property and remove, or by contracting with others to remove the trash, junk and/or debris.

(B) After removal of the trash, junk and/or debris by the town as provided in subsection (a) of this section, the clerk-treasurer shall then issue a bill to the landowner for the costs incurred by the town in such removal. Such costs shall include an administrative charge of $50.00 to compensate the town for the administrative costs incurred in issuing the bill, plus the fees of the contractor if the contractor is used. If town employees and equipment are used, the clerk-treasurer shall also include the billing charges, the time of the town employees and the use of the equipment of the town, in such amounts as the town council establishes from time to time by town council action as the current rate for the use of such equipment and the use of all town employees for such services. The billing shall be sent to the landowner in the same manner as provided in section IV for the issuing of the initial notice, and the landowner shall be given a period of 15 days from the date of the mailing of the notice if the notice is mailed, or from the date of personal delivery if the notice is personally delivered, to make payment for the charges; provided, however, that if the landowner contests the propriety of the charges or the removal of such trash, junk and/or debris, the landowner may, within such 15 day period of time, deliver a written notice to the office of the clerk-treasurer of the town of the landowner’s contest the removal of the trash, junk, debris and/or the charges. The appeal of the landowner shall be heard and determined by the town council at its next regularly scheduled town council meeting, at which time the landowner may appear and be heard.

(C) If the owner of the real property fails to pay a bill issued under this section within the time specified, the clerk-treasurer of the town shall certify the amount of the bill, plus any additional administrative costs incurred in the certification, as provided by IC 36-7-10.1-4 to the County Auditor for collection as delinquent taxes as collected. The minimum charge for certification, including administrative costs and removal of trash, junk and/or debris is $300.00/

(D) Amounts collected for removal of trash, junk and/or debris as provided by this ordinance shall be disbursed to the general fund of the town.

Section VI: REPEAL:

This ordinance only repeals that portion of any ordinance in direct conflict herewith.

SECTION VII:

This ordinance shall be effective from and after its stated passage.