ORDINANCE 1572
AN ORDINANCE AMENDING TITLE 8, CHAPTER 24,
GARBAGE AND RUBBISH,
SECTION 8.24.090, FAILURE TO COMPLY WITH NOTICE, OF THE MUNICIPAL CODE OF THE CITY OF BLUFFTON, INDIANA
WHEREAS, the Common Council (“Council”) of the City of Bluffton (“City”) has authority under the Acts of the Indiana General Assembly to make all necessary regulations for the preservation of the rights, property, health, safety and welfare of its citizens and the Council finds that the interests of the citizens of the City of Bluffton would be best served by amending the Bluffton Municipal Code Section 8.24.090 in its entirety; and
WHEREAS, the City has considered the current language in the Municipal Code of the City of Bluffton, Indiana (“Code”), specifically Section 8.24.090, concerning fines for failure to comply with an abatement notice, and has determined that Section 8.24.090 should be updated and revised in its entirety to provide clear guidance on the assessment of penalties for failure to comply with an abatement notice.
THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF BLUFFTON, INDIANA AS FOLLOWS:
Section 1: Title 8, Chapter 24, Section 090 (“Section 8.24.090”) of the Code of Ordinances of the City of Bluffton, Indiana as it has heretofore read is hereby repealed and replaced in its entirety and shall henceforth read as set forth in “Exhibit A” attached hereto and is to be enforced as an ordinance of the City of Bluffton, Indiana.
Section 2: This Ordinance shall take effect and be in force upon adoption and publication as required by law.
Adopted by the Common Council of the City of Bluffton, Indiana, this 18 day of October 2022, by the following vote:
AYES 5, to-wit:
Roger Thornton
Scott Mentzer
Rick Elwell
Janella Stronczek
Josh Hunt
NAYS 0, to-wit:
ABSENT 0, to-wit:
Mayor John S. Whicker,
Presiding Officer
ATTEST:
Bri Lautzenheiser
Presented by me to the Mayor of the City of Bluffton, Indiana, at 6:00 o’clock p.m. this 18 day of October, 2022.
Bri Lautzenheiser
Approved by me this 18 day of October, 2022.
Mayor John S. Whicker
“EXHIBIT A”
NUISANCES, GARBAGE
AND RUBBISH
8.24.090 FAILURE TO COMPLY WITH NOTICE
Failure, neglect, or refusal by the record owner, the record owner’s agent, tenant or occupant, to comply with an Abatement Notice issued under Section 8.24.050 within the time period stated in the Abatement Notice, or within any extended time period agreed to by the Enforcement Authority or the Board, shall constitute a violation of this Chapter. Each violation of this Chapter shall result in the record owner and the individual causing the Nuisance to be liable for a fine of $25.00 per day. The fine of $25 shall be assessed for each day the required abatement as stated in the Abatement Notice is not completed, with the fine to commence on the day following the expiration of the time period stated in the Abatement Notice, as it may be extended by the Enforcement Authority or the Board. The accumulation of the fine shall not to exceed the amount set forth in Section 1.08.010. Any unpaid fine assessed under this Chapter shall be a lien against the Property on which the Nuisance exists. The fine assessed under this Section 8.24.090 shall be in additional to any other amounts recoverable by the City under Section 8.24.100.
nb 10/22
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