Town council beefing up property maintenance standards

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BROWNSTOWN — The town has had several ordinances on the books over the years governing inoperable vehicles, rodent infestations, unsightly yards, including tall grass and weeds, and blighted and abandoned buildings.

Those ordinances, unfortunately, are vague and lack any enforceable penalties, especially ones that get into the pockets of property owners.

That’s about to change, as the Brownstown Town Council began wrapping up nearly a year’s worth of work on an ordinance designating building maintenance standards during a meeting Monday night at the town hall.

That ordinance was introduced and approved on first and second readings. The third and final reading is set for the council’s next meeting at 6 p.m. April 3 at the town hall.

If enacted, the ordinance requires the exterior of every premise and structure to be maintained in good repair and kept free of all nuisances, health, safety and fire hazards, unsanitary conditions and infestation.

That includes not allowing weeds and/or grass to grow to a height of 10 inches on average or allowing any accumulation of weeds or grass on any nonagriculturally zoned property and not allowing refuse to accumulate to the prejudice of others.

It also prohibits any structure that is in such a dilapidated condition that it is unfit for human habitation and for the use it was constructed; inoperable motorized vehicles exposed to public view and vehicles parked on any unpaved surface and exposed to public view; and conditions that are conducive to the harborage/breeding of vermin.

The ordinance further requires that every building shall be maintained to be weather and watertight and free from conditions suggestive of deterioration or inadequate maintenance; inoperable vehicles to be within a fully enclosed building or removed; and all refuse to be contained in suitable containers, kept free from infestation and removed weekly.

The town’s police officers will be investigating potential violations of the ordinances and then reporting the results of their investigations to the town council, which will then make a determination about the alleged violation, town attorney Zach Miller said Wednesday morning.

Besides fixing the issue, violators of the ordinance could face a civil penalty of up to $100 for the first offense and up to $200 for repeat offenses.

Those penalties would not be automatically put in the place if the property owner addresses the issue or is making a good faith effort to do so, Miller said.

He said if the issue is creating an emergency to the health and safety of people, property or the general public, the council may address the issue.

The enforcement process also contains a hardship provision for anyone one who can show that cost of remedying a violation would exceed the household’s disposable annual income and cause a financial hardship. In such a case, payment of the fine would be suspended until a means of financing or assistance can be identified.

Any council decision about a violation or violations can be appealed to the council, and any council decision is appealable to a court of general jurisdiction in Jackson County.

Over the years, potential violations of present ordinances dealing with property maintenance have come to the attention of the town council.

Nearly a year ago, a house infested with rats in the 200 block of North Water Street brought the issue to a head again.

At that time, Conner Barnette with Hoosier Planning Associates LLC, the town’s planning and zoning administrator, said neighbors told him the house has been abandoned for 12 to 18 months. According to the Jackson County GIS map, the 0.2-acre property has been owned by Cheryl Foster since 1997.

Barnette’s recommendation to address building maintenance standards issues at that time was to have Miller review the county’s property maintenance ordinance and apply it to the town. Barnette also is Jackson County’s building commissioner.

“I think it’s really good,” Barnette said at that time of the county’s ordinance. “We have absolutely no problem with copying and pasting this for the town.”

Barnette said Wednesday that he had prepared an ordinance for the town based upon the county’s ordinance and then sent it to Miller for review.

During the council meeting, Miller said he had altered the proposed ordinance to comply with existing town ordinance.

The ordinance passed 3-0 with no discussions on both first and second readings on a motion by Councilwoman Sharon Koch that was seconded by Crystal Stuckwisch. Council members Tim Robinson and Staci Reynolds were absent.

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