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94.04 Storage of Machinery and Parts
94.04 STORAGE OF MACHINERY AND PARTS
           
(a)       The presence of inoperable storage of inoperable machinery, motor vehicles, and appliances, in active construction excavation and wrecking projects, uninhabitable mobile homes, and accumulations of junk and used materials of whatever description on any premises within view of any public street or way and within the corporate limits of the city is hereby declared to be a public nuisance unless such presence is a permitted use under Chapter 154 of this Code. 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, within the corporate limits of the city shall be a nuisance.
 
(b)      Any code enforcement officer or police officer may issue a notice of violation upon observing a public nuisance as defined in the preceding sub section. Such violation is subject to a fine of $20.00. The procedure for payment or trial is set forth is Section 10.99(h). person or officer of the city including but not limited to zoning inspectors and police officers, shall on finding a nuisance as defined in (a) above, file a complaint of the maintaining of a nuisance against the person on whose property the nuisance exists with the Board of Public Works and Safety.
 
(c)       The Board of Public Works and Safety, upon being advised such a notice of violation was admitted or adjudged to exist, may cause the on receiving the complaint, shall cause the owner of the premises on which the nuisance is maintained, to be given notice to appear before the Board and to show cause at a hearing, why the nuisance should not be removed from the premises. The hearing is to be held not less than 7 days nor more than 21 days after receipt of a complaint.
 
(d)       If at the hearing, the owner of the premises shall not show sufficient reason why the nuisance should not be removed or should such owner of the premises on which the nuisance is maintained, fail to appear, at the hearing, the Board of Public Works and Safety may order the nuisance removed.
           
(e)       Should the owner of the premises on which the nuisance is maintained fail to remove the nuisance within 30 days, the Board of Public Works and Safety may cause the nuisance to be removed and charge the expense against the owner. The expense involved may be made a lien against the property pursuant to Indiana Code 36-1-6-2. That cost shall constitute a lien on the real estate from which the nuisance is removed.
           
(f)        A list of persons who fail to comply with the foregoing requirements together with the description of their property on which a lien is created, and the            cost and charges shall be furnished to the City Controller. It shall be his duty to collect the same as assessments for street and sewer improvements are collected. (Ord. 16-1978) Penalty, see 10.99


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