179-23 - MEDARYVILLE TOWN COUNCIL ORDINANCE NO. 2023-10-02

MEDARYVILLE TOWN COUNCIL

ORDINANCE NO. 2023-10-02

AMENDING PAGRAPH 8 ENTITLED “VIOLATION” OF ORDINANCE NO. 2016-10-01 TO INCREASE THE FINE AMOUNT FOR A VIOLATION

WHEREAS, on October 28, 2016, the Medaryville Town Council enacted Ordinance No. 2016-10-01 entitled an Ordinance Establishing the Service Charge for the Collection & Removal of Garbage & Declaring Unlawful Deposits of Garbage on Real Estate a Public Nuisance; and 

WHEREAS, on September 20, 2017, the Medaryville Town Council amended Ordinance No. 2016-10-01 by virtue of Ordinance No. 2017-09-02 entitled Amending Ordinance No. 2016-10-01 to Establish the Service Charge for the Collection and Removal of Garbage

WHEREAS, Paragraph 8 of Ordinance No. 2016-10-01 currently states as follows: 

“Violation: If any person shall violate the provisions of this Ordinance, the Town may do the following: 

a. Initiate an action for injunctive relief in any court of competent jurisdiction; 

b. After written notice to the owner of the property to remove any existing refuse, and if such owner shall have failed to completely comply with such notice within ten (10) days thereafter, enter upon the property to remove all the garbage thereon situation, and to do such other things as may be necessary to protect the public health, safety, and welfare in connection with the removal; 

c. Seek a monetary fine as follows: 

• First (1st) Violation:  $200.00

• Second (2nd) & Subsequent Violations: $250.00

d. Undertake any other action deemed necessary and appropriate to protect and preserve the public health, safety, and welfare.” 

NOW, THEREFORE, BE IT ORDAINED by the Medaryville Town Council for Medaryville, Indiana as follows: 

1. Paragraph 3 in Ordinance No. 2016-10-01 is hereby replaced with the following language: 

Violation:  If any person shall violate the provisions of this Ordinance, the Town may do the following: 

a. Initiate an action for injunctive relief in any court of competent jurisdiction; 

b. After written notice to the owner of the property to remove any existing refuse, and if such owner shall have failed to completely comply with such notice within ten (10) days thereafter, enter upon the property to remove all the garbage thereon situation, and to do such other things as may be necessary to protect the public health, safety, and welfare in connection with the removal; 

c. Seek a monetary fine as follows:  $2,000.00 for each violation.  Each day a violation shall exist shall be deemed to be a separate and individual offense. 

d. Undertake any other action deemed necessary and appropriate to protect and preserve the public health, safety, and welfare

2. All other provisions of Ordinance No. 2016-10-01 and Ordinance No. 2017-09-02 not in conflict herewith shall remain in full force and effect. 

Passed by the Town Council of Medaryville, Indiana, this 18th day of October, 2023 by a vote of 3 yes to 0 no. .

Steven Foust, President, Town of Medaryville, Indiana

Suzanna Wilcoxon, Member Town of Medaryville, Indiana 

Ashlee Salyer, Council Member Town of Medaryville, Indiana 

ATTEST: Stacy Conley, Town Clerk/Treasurer

Medaryville, Indiana

179-23 G 10/25