Public Notice – Parke County, Town of Marshall, Ordinance 2012-2, Property Upkeep

TOWN OF MARSHALL, INDIANA

ORDINANCE 2020-2

PUBLIC NUISANCE AND

PROPERTY UPKEEP

Whereas, the Town Council of Marshall, Indiana is desirous of regulating the upkeep and appearances of residential and commercial properties within the town limits of the Town of Marshall, IN; and

Whereas, the Town of Marshall, Indiana has no ordinance in place prohibiting the placement of unwanted items in the public streets; and

Whereas, The Town of Marshall, Indiana has no ordinance in place regulating the height of grass or other vegetation within town limits; and

Whereas, the Town Council of Marshall, Indiana recognizes that the failure of one property owner to provide adequate upkeep to their property and/or dispose of unwanted items properly can have a negative effect on adjoining or surrounding property values and morale within the town.

NOW THEREFORE BE IT ORDAINED by the Town Council of Marshall, Indiana, that upon passage of this ordinance, due publication of this notice as required by I.C. 5-3-1 that:

  1. It shall be unlawful for any person or persons to deposit, blow or allow to accumulate ashes, waste or other garbage, trash, grass clippings  or leaves, or pour or allow to run waste water in, any street or alley of the town. Such material shall at all times be placed in a separate covered receptacle and be readily accessible for emptying or removal and be placed within the building or within the confines of the lot on which the building is situated. Garbage receptacles shall be tightly covered and emptied frequently enough to prevent fermentation and bad odors.
  2. It shall be unlawful for the owner of any lot or parcel of land within the town, whether improved or unimproved, to permit to grow and remain thereon any weeds, thistle, brush, undergrowth or rank vegetation of any kind whatsoever in violation of the standards established by section (3) three herein. It is the duty of the owner of such property to cut or to require a leaseholder or other person in charge of the premises to cut and remove and dispose, in a proper manner all such weeds and rank vegetation at sufficient intervals to keep the property in compliance with the standards set by section (3) three.
  3. A lot or parcel will be adjudged in non-compliance with the requirements of this chapter if, at any time during the year:
  4. It is a tract between any public sidewalk and a public street, and weeds or other rank vegetation (including lawn grass) has been permitted to grow to a height of more than six inches; or
  5. It is an improved lot or parcel, and weeds or other rank vegetation (including lawn grass) has been permitted to grow to a height of more than six inches; or
  6. It is a vacant and unimproved lot of parcel, other than natural forest lands, wetlands or agricultural pasture lands, and weeds or other rank vegetation has been permitted to grow to a height of more than one foot.
  7. Any person, firm, corporation or other legal entity who violates any provision of this code shall, upon conviction, be subject to the following:
  8. Court costs as provided in I.C. 34-28-5-5 for any enforcement action brought under I.C. 34-28-5 or 36-1-6-4, or both;
  9. A fine not exceeding $2,500 for the first violation; and
  10. A fine not exceeding $7,500 for second and subsequent violations, except for violations of ordinances regulating traffic and parking.
  11. A separate violation shall be deemed committed upon each day during which a violation occurs or continues.

Unanimous consent of the Marshall Town Council members present on the 1st day of September, 2020 to consider the ordinance on the same date as introduced.

Kevin Stewart

Darla Burgess

Larry R. Harmon

Approved by the Town Council on the 1st day of September 2020.

Kevin Stewart

Darla Burgess

Larry R. Harmon

Dated this 1st day of September 2020

Attest:

Kathy Wirth, Clerk-Treasurer

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