065-26 - Medaryville Ordinance No. 2026-03-01 PUBLIC NUISANCE ORDINANCE
MEDARYVILLE, INDIANA
ORDINANCE NO. 2026-03-01
PUBLIC NUISANCE ORDINANCE
WHEREAS, the Town of Medaryville, Indiana (“Town”) is authorized by Indiana law to regulate conduct, use, or possession of property that might endanger the public health, safety, or welfare; and
WHEREAS, the Town reasonably believes that it is in the best interest of the Town and residents herein to adopt an Ordinance depicting conditions constituting a public nuisance in the Town of Medaryville, Indiana.
NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Medaryville, Indiana, as follows:
Sec 1. Conditions constituting public nuisances.
(a) In addition to any prior existing Town Ordinance declaring something to be a public nuisance, those offenses which are known to the common law and the Statutes of Indiana as public nuisances may, when found to exist within the Town limits, be treated as such and be proceeded against as provided in this Ordinance, or in accordance with any other provisions of law. Wherever the word “nuisance” is used in this Ordinance it refers to a public nuisance.
(b) No owner, occupant, tenant, or any other person having a substantial interest in any real or personal property within the Town, or any agent thereof, shall permit or allow to remain on or within such property or upon public ways abutting such real property any materials, trash, garbage, debris or any other matter which is detrimental to public health, comfort, safety or to the aesthetic well-being of the community.
(c) The following conditions shall also be considered to constitute public nuisances for the purpose of this Ordinance:
(1) Litter.
(2) Fallen trees stumps, dead trees, cut brush, fallen or cut limbs.
(3) Boxes, appliances, household items and tires.
(4) Demolition remains.
(5) Open excavations, uncovered or improperly covered holes, whether lined or unlined, and dirt piles on any open or unfenced real property within the Town.
(6) Accumulated garbage and trash.
(7) Automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated, or nonoperable jet skis, snowmobile, motorcycles, bicycles, trailers or mopeds.
(8) Structures defaced with paint or wording.
(9) Any portion of real property or any personal property which emits an unwholesome odor.
(10) Any waste water, filth, offal, garbage, rubbish, animal waste, human excrement, which is deposited, allowed or caused to be upon any public or private property.
(11) Any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way, except natural surface water drainage.
(12) Any dead animal or animal parts.
(13) The erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pool upon any public property.
(14) Any real or personal property which is infected with contagious disease or is likely to cause an immediate health hazard.
(15) The placing or accumulating on or within any real or personal property or the permitting of same, of any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or dangerous condition.
(16) Any real or personal property, used as a place of residence or habitation or for sleeping, that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation or garbage and trash removal.
(17) The storage of any explosive, combustible or other material which creates a safety or health hazard.
(18) Trees, shrubbery, weeds, snow or other matter obstructing public ways, or causing visual barriers which create vehicular traffic or pedestrian safety hazards.
(19) Trash or garbage containers left upon the sidewalk, the area between a street and sidewalk or the front or side yard, except as permitted by this Town Ordinance for trash and garbage collection purposes.
(20) Building materials stored on any lot in violation of this Ordinance as further defined below in Section 8.
(21) Any furniture, not originally designed or manufactured solely for outdoor use; or any furniture which was originally designed or manufactured for outdoor use, which is now dilapidated or deteriorated.
Sec. 2 Citations.
When a public nuisance is found to exist and after all persons known to have a substantial interest in the property have been given reasonable opportunity to bring property into compliance and have not done so, a citation to the record owner of the property or to the person shown to have right of exclusive possession of the property may issue a citation. Such citation shall impose a fine in conformance with Section 9 below. Each subsequent day of violation shall be considered a separate violation for which a citation may be issued.
Sec. 3 Notice prior to abatement by Town.
The Town or its designee shall give forty-eight (48) hours’ notice, in writing, to remove from any real or personal property within the Town any object or condition which is deemed to be a public nuisance under this Ordinance. Such notice shall be given to the owner of record or their agent, and to any tenant or occupant of the property upon which nuisance exists. Notice to the record owner may be mailed to their last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located.
Sec. 5 Failure to comply with notice to abate.
Failure, neglect, or refusal by the record owner or their agent, or the tenant or occupant, to comply with the terms of the notice shall constitute a violation of this Ordinance. Each day’s failure, neglect or refusal to abate the nuisance following notice shall constitute a separate offense under this Ordinance.
Sec. 6 Abatement by Town.
Upon the failure, neglect or refusal of any party to whom notice to abate a nuisance has been given or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety, the Town may abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty-five (45) days after the billing date. Unpaid costs may be made a lien against the real property.
Sec. 7 Duties of owners or persons in control of vacant lots.
(a) Any person owning or controlling any vacant lot within the Town must keep same free of trash, litter, debris, garbage and similar material.
(b) If the person owning or controlling a vacant lot fails to maintain it in accord with this Ordinance, the Town shall proceed with notice and abatement procedures as set forth above in this Ordinance.
Sec. 8 Storage of building materials.
Building materials and equipment may be placed or stored on lots zoned as residential or commercial only during the process of building on said lot or for a period of no longer than one (1) month prior to a commencement of building and no longer than ten (10) days after the completion of building on said lot.
Sec. 9 Penalties and administrative fees.
(a) Except as otherwise provided, any person violating a provision of this Ordinance shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed two thousand five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Town for abating a nuisance condition under this Ordinance shall constitute a distinct and separate offense.
(b) This Ordinance supplements and does not limit any other remedy or action available in law or in equity being pursued by the Town.
Passed and Adopted by the Town Council of the Town of Medaryville, Indiana this 18th day of March 2026.
Ashlee Salyer, President; Nick Gillock, Vice President; Steven Foust, Council Member
ATTEST: Stacy Conley, Clerk-Treasurer, Medaryville, Indiana
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