HomeMy WebLinkAboutD-37A Junk/Debris Penalties AN Oi{DINANCE DEFINING JUNK,
JUNK CAi{S, i{EQUIt{ING THEIi{
i{EMOVAL AND FIXING P~ENALTIES
FO1{ VIOLATION
BE IT Oi{DAINED:
Section 1: The word "junk" as used in this ordinance shall mean
any articles, in any form, ~omposed or consisting of any of the following
enumerated second hand, discarded, abandoned or cast-off metals or
materials, namely: iron, brass, bronze~ copper, tin, zinc, lead or any
other metals of compounds thereof, broken glass, rags, clothing~ rubber,
plastics and synthetic substances and fabrics, bottles, paper, feathers, or
any other ~vaste material, or any compound or by-product of any of the
foregoing enurmerated materials; "junk" shall also include and mean wrecked,
abandoned, or dismantl~id automobiles or parts thereof. For the purpose
of this ordinance, "junk car" shall mean any motor vehicle which {a) does
not bear a currently valid license plate, and {b) .is not in a garage or other
building.
Section Z: Because of the<danger of health from vermin and insects
a~d. lto children attracted by such junk or junk cars, they are declared to be
nuisances except in lawfully operated and supervised junk yards or yards
lawfully operated for vehicles awaiting-permission for junking from the
Bureau of 1Viotor Vehicles, or lawfully licensed automobile dealers at their
legally recognized places of business or such other lots properly zoned for
this purpose.
Section 3: Any member of the Police Department o~ Hamilton County
Health Department or Building Commissioner of Clay Township, may order
or property gives written notice to the Clerk-Treasurer of the Town of
Carmel within ;s~c~ife~nd~IO) day period that said junk or junk cars are excluded
from the provisions of this ordinance, the junk or junk carS shall not be
removed and a hearing shall be had on the issue thus joined within five
days of receipt thereof before the Board of Trustees for the Town of Carmel.
If the Board determines the articles are covered by the terms of this ordinance,
the Carmel police shall be ordered to remove the articles involved forthwith,
unless the owner thereof agrees to voluntarily remove the same within forty
eight (48) hourS.
Section 4__! Notice of such order shall be placed upon said junk or
junk car and shall not be removed. Copies of said notice shall be served
upon any adult occupying the real estate on which the junk car is located or
upon the owner of the junk or junk car, if known. If no occupant of the real
estate or owner of the junk'car can be found, a notice affixed to any building
on the real estate shall constitute notice to the owner or occupant of the
real estate and to the owner of the ~unk car. If there is no building on the
real estate, said notice may be affixed elsewhere on the real estate.
Section 5: If said junk or junk car is not removed within the time
so fixed, .the police Department of Hamilton County, Health Department or
Building Commissioner of Clay Township may cause said motor vehicles to
be removed at the expense of the owner of the real estate or of said motor
vehicle, which expense shall constitute a lien on said junk or junk car. A
junk car may be towed either by employees of the Town of Carmel or employees
of Hamilton County, according to the area where such violation occurS, or by
commercial towing firms and placed in an impounding yard or yards where
expenses of towing and impounding storage. In the event that said junk car
is not repossessed within a period of sixty ~.60) days from date of impounding,
the Building Com/~issioner of Clay Township, Hamilton County, Indiana
shall be and is hereby authorized to offer said junk car for sale to the highest
and best bidder at public auction to be held not later than ten (10) days after
one publication of no lesS than ten (10) days notice of such sale, to be published
in a newspaper of general circulation in Hamilton County, Indiana. The
proceeds from such sale shall apply toward payment of towing expenses, if
such junk car is privately towed and to pay rental in any impounding yard
where said junk car has been held. Or, the provisions of Burns Armor. Stat.
Sec. 48-510 may be invoked.
Section 6: If any such notice is not responded to within the time
fixed, the owner.of the junk or junk car or the occupant and owner of the
real estate upon which it is l~cated shall each, upon conviction, be subject
to a fine and penalty or $50.00 each day on which the junk or junk car is
permitted to remain on the real estate after the time for removal has expired
as fixed in said notice.
Section 7: This ordinance shall be in full .force and effect from
and after its passage.
ADOPTED AND PASSED THIS/~ ~z~
DAY OF ~/~
, 1969.
t~'es., Board of Trustees
ATTEST:
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