§ 30-2. Standing water.  


Latest version.
  • (a)

    Nuisance declared. Whenever any lot or parcel of ground within the corporate limits of the city or within four miles therefrom shall have standing water thereon, which has or may become stagnant, shall be deemed a nuisance and injurious to the health of the city.

    (b)

    Duty to fill or drain lot. It shall be the duty of the board of public works and safety to give notice, in writing, if the owner is a resident of the city, to the owner of any lot or parcel of ground having standing water thereon, notifying him of the condition of such lot or parcel of ground, and requiring him to fill up or drain the ground of all standing water within ten days after such notice. If the owner is a nonresident of the city or if he is unknown, it shall be sufficient to publish the notice for three consecutive weeks in some newspaper published in the city, requiring the owner to fill up or drain the ground within 15 days after the last publication, and it shall be the duty of the officer serving the notice or causing the publication to be made to file his return or proof of publication with the city clerk-treasurer.

    (c)

    Failure to fill or drain lot after notice. If the owner shall fail, refuse or neglect to fill up or drain the ground after being notified as provided for in this section, such filling or draining shall be done by the board of public works and safety, at the expense of the owner of such ground. The board of public works and safety shall immediately certify such cost to the city clerk-treasurer, who shall cause the cost to be placed immediately upon the tax duplicate in the hands of the county treasurer as a charge against the owner of such lot or ground, and such cost and charge shall be a lien upon such lot or ground immediately from the date the cost and charge are certified to the county treasurer and the cost and charge shall be collected by the county treasurer as other taxes are collected. Such cost and charge may also be collected by foreclosure of the lien thereon in the same manner as assessments are collected by foreclosure for the construction of streets or other public improvements assessable against property abutting thereon.

(Code 1974, § 5-27)

State law reference

Authority to correct violations of ordinances and obtain lien for same, IC 36-1-6-2; authority of board of public works and safety to drain land, IC 36-9-6-21.