THE ORDINANCES THE CITY REFUSES TO ENFORCE, WHICH DON'T EVEN REQUIRE A CITY ATTORNEY!

Ten years, or more, spent simply trying to get housing ordinances enforced is becoming a wee bit wearisome.

Having had a dumpster on a property next to me for over twenty years (by the time I moved in), it took the City Council to pass an Ordinance no dumpsters allowed on the front lawns of any properties unless a permit is issued and same removed within X amount of days. TWENTY YEARS.

There has been talks of forming a new City Court, which has been attempted in the past and failed.

There was an effort by citizens to get a "Code Enforcement Officer" appointed -- that would surely get us where we need to go -- cleaning up this town.

The following "Cleanliness" Ordinance is on the Books. Printing it, reading it and realizing the City Attorney isn't even needed for these issues to be remedied, I hope, is eye opening on who is not doing their jobs, and then you just have to ask WHY NOT? WE PAY YOU. YOU WORK FOR US AND NOW WE ARE $1.6 MILLION IN THE HOLE JUST IN THE GENERAL FUND...

Let the Ordinance speak for itself:

150.101 CLEANLINESS OF PREMISES

(E) INSPECTION AND NOTICE OF VIOLATION

(1) To determine compliance with this chapter, the BUILDING COMMISSIONER is entitled to enter upon the premises of any real property within the City.

(2) If the Building Commissioner determines there is a violation of this section, he or she shall send by mail, a written notice to the owner(s) of the real estate, and to all other persons holding a substantial interest in the real estate (hereinafter "landowner"), requiring removal of the material and vehicles within 20 days.

(3) The notice must also inform the landowner that failure to comply will result in the city removing and disposing of the material and vehicles at the landowner's expense.

(4) The notice must also inform the landowner of his or her right to appeal the BUILDING COMMISSIONER'S determination, according to the procedure set forth within.

(5) The BUILDING COMMISSIONER will determine the landowner's identity from the duplicate records of the COUNTY AUDITOR.

(F) FAILURE TO REMOVE AND NOTICE OF ABATEMENT

(1) If the landowner fails to remove the material and vehicles within the time prescribed, the BUILDING COMMISSIONER shall cause the city or its agent to remove and dispose the material and vehicles, as allowed under IC 36-1-6-2, as amended.

(2) The BUILDING COMMISSIONER must then prepare a certified statement of the actual costs the city incurred in removing and disposing of the material and vehicles, plus any additional administrative costs incurred in the city's effort to enforce this section.

(3) The certified statement of costs must be delivered to the landowner of the property, by certified mail, at his or her last know address, as determined by the tax duplicate records of the COUNTY AUDITOR.

(4) The landowner must pay the amount specified in the certified statement to the CITY CLERK within 20 days after receiving the statement.

(5) If the landowner fails to pay the amount require within the required time, a certified statement of the landowner's failure to pay the costs will be filed with the office of COUNTY AUDITOR.

(6) Pursuant to IC 36-7-9, as amended, the COUNTY AUDITOR will then place the amount claimed on the tax duplicate against the property affected by the work. The amount will thereafter be collected and disbursed to the General Fund of the City as other property taxes.

(G) LIEN UPON PROPERTY

(1) In addition to the above procedures, if the landowner fails to remove the material and vehicles within the time specified in the notice provided herein, and the city or its agent must remove the material and vehicles, the BUILDING COMMISSIONER shall file with the COUNTY RECORDER a lien against the property, which may be foreclosed as are other similar liens.

As a dear past Building Commissioner friend of mine, who passed away recently, said "the hardest thing about being the Building Commissioner is keeping your hands in your pocket". How true it was then, and same holds true today.

Now, if just one logical person can answer the "whys" of "why" we can't accomplish what our goal is -- I'm up for it. The LAWS are on the book - so you tell me.