Ordinance 2026-11 Adopted on June 9, 2026

Ordinance 2026-11 Adopted on June 9, 2026 ORDINANCE 2026-11 AN AMENDED ORDINANCE CONCERNING THE MAINTENANCE OF PROPERTY LOCATED WITHIN THE CORPORATE LIMITS OF THE TOWN OF SELMA, INDIANA WHEREAS, the Town of Selma, Indiana ("Town") has previously adopted regulations concerning the maintenance of property within the corporate limits of the Town; and WHEREAS, the Town desires to update the existing regulations in order to more efficiently and effectively enforce the same; and WHEREAS, the Town desires to provide for the public health and safety of the citizens of Selma, Indiana by reducing the trash, junk, weeds, and storage of junk vehicles within the Town; and WHEREAS, the Town Council for the Town has determined that it is now necessary to revise and update its existing regulations concerning the maintenance of property within the corporate limits of the Town in an effort to modernize and expand these regulations to allow for more efficient coverage and more streamlined enforcement. IT IS THEREFORE ORDAINED BY THE TOWN COUNCIL FOR THE TOWN OF SELMA, INDIANA THAT: SECTION 1. Town of Selma, Indiana Ordinance Nos. 2026-06, is hereby amended and expanded. SECTION 2: ABANDONED AND JUNK VEHICLES. The following provisions shall apply to abandoned vehicles within the Town of Selma, Indiana: (A) Removal and Disposal of Abandoned Vehicles. The Town of Selma, Indiana hereby adopts the provisions of the Ind. Code § 9-13-2 et seq. and Ind. Code § 9-22-1 et seq., both as may be amended from time to time, by reference and as if fully restated herein. (B) Disposition of abandoned vehicles and/or parts valued at less than $500.00. The market value of an abandoned vehicle and/or part below which an officer of the Police Department may dispose of the vehicle and/or parts is $500.00 per vehicle or part. (C) Race and demolition derby cars. Vehicles in operable condition specifically adapted or constructed for operation on privately-owned raceways, or parts thereof, shall not be stored on private or public property unless stored inside a closed structure out of public view. Race and demolition derby cars that are scheduled to participate in local race or derby events are exempt from this provision for a two-week period beginning seven days prior to the start of the event and ending seven days after the end of the event. (D) Junk vehicles. It shall be unlawful for any person to park a motor vehicle without current license plates and registration or one that is in an inoperable condition or incapable of movement by its own locomotion or power, on private or public property unless stored inside a closed structure out of public view. SECTION 3: WEEDS AND RANK VEGETATION. The following provisions shall apply to weeds and rank vegetation within the Town of Selma, Indiana: (A) Administration. The Town Council for the Town of Selma, Indiana shall be responsible for the administration of this Ordinance as provided herein. (B) Definitions. For purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: DESTRUCTION ORDER. The notice served by the Building Commissioner, or other duly appointed official of the Town, or the Town Council in cases of appeal, on the property owner of the ordinance violation. PROPERTY OWNER. The owner of record of the property, the person occupying the property, or a person having control over the property of another, such as a right-of-way, easement, license, or lease. WEEDS AND GRASSES. Canada thistle, thistles, Johnsongrass, sorghum, alum (such as allium), bur cucumber, and shatter cane. Weeds do not include shrubs, trees, cultivated plants or crops; however, in no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants. RANK VEGETATION. Rank vegetation is the uncontrolled, uncultivated growth of annual and perennial plants. EXEMPT MATTERS. The Indiana Cooperative Extension Service shall be the referenced technical authority with respect to the definition of exempt matters, shrubs, trees, cultivated plants and crops. (C) Maximum heights. No property owner shall allow any weeds, grasses, rank vegetation, or other uncontrolled plant growth on their property to exceed eight inches (8") in average height on 20% or more of the surface area of the property. (D) Abatement by the Town. (1) In the event that a property owner shall fail to comply with the "Destruction Order" within seven (7) calendar days and has not filed a request for appeal as provided herein, the Town Council may employ the services of Town employees or outside contractors and remove the weeds to conform to this Ordinance by all lawful means. (2) Following abatement by the Town, a continuous abatement notice may be posted at the property at the time of abatement, which shall serve as notice to the property owner that each subsequent violation of this Ordinance during the same year for which the initial notice of the violation was provided may be abated by the Town. (E) Cost of Abatement. (1) The property owner is liable for all costs of removal, cutting, destruction, and abatement of weeds, grasses, and rank vegetation as defined by this Ordinance, plus an administrative fee of $100.00. (2) The property owner is also responsible for all costs associated with the abatement, including but not limited to notice costs, court costs, attorney's fees, and interest on any unpaid amounts incurred by the Town. If the Town uses municipal employees for the abatement, it shall set and assign an appropriate hourly rate for employees, equipment, supplies, and chemicals which may be used. (3) All sums payable by the property owner are to be paid to the Town Clerk-Treasurer and deposited in the general fund as compensation for expenses and costs incurred by the Town. (F) Appeals. A property owner may contest the finding of a violation or a "Destruction Order" by filing a written request for appeal with the Selma BZA within two (2) business days after the notice is received. A property owner must demonstrate that the plants or vegetation in question are shrubs, trees, cultivated plants, crops, or other exempt matters, or that the plant or vegetation is not otherwise in violation of this Ordinance and not subject to destruction pursuant to the provisions herein. SECTION 4: TRASH AND JUNK. The following provisions shall apply to trash and junk within the Town of Selma, Indiana: (A) Administration. The Town Council for the Town of Selma, Indiana shall be responsible for the administration of this Ordinance as provided herein. (B) Definitions. For purposes of this Ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning: ACCUMULATE. As it pertains to junk and trash, means any one of the following: 1. Improperly collecting junk and trash in an inappropriate storage container; or 2. Collecting junk and trash in an accumulation greater than three (3) cubic yards. COMPOST. The product produced by the process of composting vegetative matter and other types of organic material. COMPOSTING. The biological treatment process by which microorganisms decompose the organic components of vegetative matter and other types of organic material under controlled conditions to produce a usable product. JUNK. Refers to combustible and non-combustible waste materials; the term shall include paper, rags, tin, metals, residue from burning, household goods including, but not limited to, mattresses, furniture, minor and major appliances, clothing, and other household items not intended for exposure to rain and other inclement weather. STANDARD CONTAINER. Sturdy tied plastic bags, durable metal, plastic, or similarly constructed containers designed for the storage of garbage. Food scraps and other household trash that attracts animals and/or rodents must be placed in a vermin-proof and waterproof container with a tight-fitting lid. TRASH. Animal or vegetable waste resulting from handling, preparation, cooking, and consumption of food. VISIBLE. Capable of being seen by a person of normal visual activity using the Road or his/her own real property. (C) Requirements. (1) No person shall permit the accumulation of trash and/or junk: 1. In a residential zone(s) per the Selma, Indiana Zoning Ordinance; or 2. Within 100 feet of any single-family residence; or 3. Where such material is visible from any public road or right-of-way. (2) It shall be a violation of this Ordinance for the owner, or anyone having a substantial property interest in real property, including open or vacant property, within Selma, Indiana to deposit or allow to remain on the real property any trash or junk, as defined above, which items might provide food or harborage for insects, rodents, pests, or pose a fire safety hazard. (3) No person shall permit junk or trash to be situated on his or her property so that the material can be carried, by wind, to any highway, right-of-way, easement, or upon the property of any other person. (4) Nothing in this Ordinance shall be deemed to apply to Town owned or operated recycling, or salvage operations, or any other operation that is in compliance with the Selma, Indiana Zoning Ordinance. (5) Nothing in this Ordinance shall be deemed to apply to compost and composting. (6) Nothing in this Ordinance shall be deemed to apply to the use of standard containers or dumpsters for the temporary containment of trash or junk awaiting disposal. Trash that attracts animals or rodents must be placed in a vermin-proof and waterproof container with a tight-fitting lid. Such containers shall be constructed, handled, and placed in a way that will not promote a safety or health issue. (D) Abatement and Fines. In the event that the violation is not cured within fifteen (15) calendar days after the receipt of the notice of the designated violation, the person found violating this Section may be assessed a fine up to $50.00 for each violation. (1) In the event the condition is not corrected within fifteen (15) calendar days after receiving notice of the violation, the Town may cause such condition to be corrected by employees of the Town or by private contract. If the violation is corrected by the Town as stated herein, the actual cost of said corrective action, plus an administrative fee of $100.00, shall be assessed against and billed to the Violator and/or property owner, as applicable, and shall be paid within ten (10) days after the billing date. (2) If the Violator fails to pay the costs within the time prescribed herein, a certified copy of the statement of costs shall be filed in the office of the Delaware County Auditor and the amount shown on the statement will be added to the tax duplicate against such real estate to be collected as property taxes are generally collected. (E) Appeals. A property owner may contest the finding of a violation by filing a written request for appeal with the Selma BZA within two (2) business days after the notice is received. A property owner must demonstrate that the trash or junk in question is not in violation of this Ordinance. SECTION 5: DEBRIS ON STREETS AND PUBLIC WAYS. The following provisions shall apply to the accumulation of mud, dirt, grass clippings, and similar debris on streets and public ways located within the Town of Selma, Indiana: (A) The deposit and/or accumulation of mud, dirt, dust, debris, grass clippings, or similar material on the roads and streets within the Town is prohibited. Except as otherwise provided in this Section, a person found violating this Section may be assessed a fine up to $50.00 for each violation. (B) In the event that mud, dirt, dust, debris and/or materials are deposited upon any road or street within the Town, the general contractor, sub-contractor, property owner, and/or other responsible individual shall be jointly and severally obligated (collectively referred to as the Violator) to immediately clean said deposit of mud, dirt, dust, debris and/or material from the street. The corrective action shall include cleaning of streets, driveways, paths, storm sewers, ditches, and all other areas affected by the violation. If applicable, the corrective actions may also include changes to the practices that caused the violation which adhere to the best practices described in the latest version of the Indiana Handbook for Erosion Control in Developing Areas. (C) The Town will provide written notice of violation to the Violator and the Violator must perform corrective actions within four hours of issuance of said notice. Cleaning shall not be done in such a manner as to introduce mud, dirt, dust, debris and/or material into the air or water. Specifically, dry brooming and washing of the pavement into storm inlets, swales, or ditches shall be prohibited. If cleaning occurs in violation of this provision, the Violator shall be subject to the penalty provided in subsection (A). (D) If, after said notice, all corrective actions have not been taken by the Violator within four hours, work shall be stopped on the site to which the condition is attributable, the Violator shall be subject to the penalty provided in subsection (A), and work shall not resume until the condition is corrected. If applicable, the Town may post a stop work notice in the event the condition is not corrected after receiving the notice as provided for herein. (E) In the event the condition is not corrected within four hours after receiving notice of the violation, the Town may cause such condition to be corrected by employees of the Town or by private contract. If the violation is corrected by the Town as stated herein, the actual cost of said corrective action, plus an administrative fee of $100.00, shall be assessed against and billed to the Violator and/or property owner, as applicable, and shall be paid within ten days after the billing date. (F) If the Violator fails to pay the costs within the time prescribed herein, a certified copy of the statement of costs shall be filed in the office of the Delaware County Auditor and the amount shown on the statement will be added to the tax duplicate against such real estate to be collected as property taxes are generally collected. SECTION 6: FILING OF COMPLAINTS. Any person, including the Town, who believes a property located within the corporate limits of the Town has abandoned and/or junk vehicles, weeds and/or rank vegetation, trash and/or junk, or debris on streets and/or public ways in violation of this Ordinance, shall file a written complaint, which shall be signed and dated, with the Town Clerk-Treasurer. If the Town files the complaint, an employee, officer, or Council member of the Town shall file the complaint as set out above. SECTION 7: INVESTIGATION. Upon receipt of a complaint, a person designated by the Town Council shall inspect and prepare a written report for the Town Council regarding the condition. SECTION 8: VIOLATION NOTICES. Upon concluding that there is a probable belief that this Ordinance has been violated, the Town Council's designee shall forward written notification in the form of a "Destruction Order" to the property owner and, if occupied by someone other than the property owner, to the person occupying the property as that information is contained within the records of the Town Clerk-Treasurer. Such notice shall be served in writing by certified mail. The notice shall provide for the following timeframes to remedy the violation: (A) Abandoned and Junk Vehicles - that within fifteen (15) calendar days after the receipt of the notice that the designated violation shall be removed by the property owner and/or person occupying the property. (B) Weeds and Rank Vegetation - that within seven (7) calendar days after the receipt of the notice that the designated violation shall be removed by the property owner and/or person occupying the property. (C) Trash and Junk - that within fifteen (15) calendar days after the receipt of the notice that the designated violation shall be removed by the property owner and/or person occupying the property. SECTION 9: NOTICE OF VIOLATION. Any person found to be in violation of any provision of this Ordinance shall receive a "Notice of Violation" and a letter requesting the violator contact the person designated by the Town Council to investigate the complaint within five (5) business days from the date of the "Notice of Violation." If the recipient of the "Notice of Violation" does not correct the violation, a second "Notice of Violation" shall be served either in person or by certified or registered mail. The person designated by the Town Council shall be responsible for issuing the "Notice of Violation" which shall state: (A) The department of the municipality or county responsible for the administration of the Ordinance. (B) The definition of the alleged violations. (C) The date and location of the violation. (D) The nature of the violation. For weeds or rank vegetation, it should include the height at which weeds or rank vegetation becomes a violation. (E) The procedure for issuing notice to the owner of real property of a violation of the Ordinance, including any continuous abatement notice. (F) The procedure under which the municipality or county, or its contractors, may enter reaL property to abate a violation of the ordinance if the owner fails to abate the violation. (G) The procedure for issuing a bill to the owner of real property for the costs incurred by the municipality in abating the violation, including administrative costs and removal costs. (H) The time period for correcting the violation. (I) The fine and fines for subsequent violation(s). (J) The procedures if the violation is not corrected in the time specified on the "Notice of Violation." (K) The name, address, and telephone number of the person to contact regarding the correction of the violation. (L) The date, time, and location for the hearing before the Hearing Authority to present evidence and arguments as to why the "Notice of Violation" was issued in error. (M) The procedure for appealing a "Notice of Violation" or a bill issued under the Ordinance. SECTION 10: HEARING. HEARING AUTHORITY. Refers to a person or persons designated as such by the executive of a city or county, or by the legislative body of a town. An employee of the enforcement authority may not be designated as the hearing authority. Per the "Notice of Violation", if the recipient of the "Notice of Violation" believes he or she has received the notice in error, the recipient is entitled to appear at the Hearing before the Selma BZA Hearing Authority to present evidence and arguments as to why the "Notice of Violation" was issued in error. The Hearing Authority can affirm, modify, or rescind the "Notice of Violation". If the recipient of the "Notice of Violation" does not appear at the Hearing or does not comply with the "Notice of Violation, the Selma Town Board may order the violation be corrected. If the "Notice of Violation" is affirmed or modified by the Hearing Authority, the recipient has the right, pursuant to I.C. 36-7-9-8, to appeal the Hearing Authority's decision by filing a verified complaint, including the alleged erroneous finding of fact and the action taken by the Hearing Authority within 10 days after the date when the action was taken. The Hearing Authority shall be the Town Board of Selma, Indiana. The Enforcement Authority shall be the Selma Town Police Department. SECTION 11: PENALTIES, FINES, AND REMEDIES. (A) Penalties. Upon the failure or refusal of an owner, occupant, agent, or person in possession of the premises (who was the recipient(s) of the "Notice of Violation") to correct the violation as state in the "Notice of Violation", he and/or she shall be subject to a $50.00 fine for a first violation. For the second violation and subsequent violation(s) that are committed by a person within two (2) calendar years of a previous violation, he and/or she shall be subject to a $100.00 fine. (B) Work Performed. The Selma Town Board may authorize the removal of the trash, junk, or weeds as listed in the "Notice of Violation". The removal of trash, junk, or weeds can be performed either by the Town of Selma own works and equipment or by a contractor hired by the Town of Selma for this purpose. Compliance with abandoned and/or junk vehicle violations will be handled by the Selma Police Department. (C) Invoice. The Selma Town Board shall issue an invoice to the owner(s) of the property for the total costs incurred by the Town of Selma, Indiana to bring the property into compliance with this Ordinance, plus any fines that have not been paid. Payment is due no later than thirty (30) days following the date of the invoice. If the fine and costs incurred by the Town are not paid when due, they may be added to the property taxes and/or be a lien against the property. (D) Remedies. The Town of Selma may bring actions in any Circuit Court of Delaware County for mandatory or injunctive relief for the enforcement of, and to secure compliance with, any order or orders to otherwise provide for the enforcement of this Ordinance. Any such action for mandatory or injunctive relief may be joined with an action to recover the penalties, costs, and expenses provided in this Ordinance. In the event any legal action is necessary to enforce this Ordinance, the Town may seek recovery of costs and expenses incurred, including reasonable attorney's fees. The Town may also enforce this Ordinance through any other means provided by the law, including but not limited to I.C. 36-1-6. SECTION 12: PROPERTY MAINTENANCE FUND. (A) The Selma Town Board shall establish in its operating budget, a fund designated as the "Property Maintenance Fund". Any balances remaining at the end of the calendar years shall be carried over in the fund for the following year and does not revert to the general fund. (B) All fines, penalties, and clean-up costs paid pursuant to this Ordinance shall be deposited into the Selma Town "Property Maintenance Fund", which shall be administered under the direction fo the Selma Town Board. (C) The funds deposited into the Selma Town "Property Maintenance Fund" shall be used for the following purposes: (1) The removal and clean up of trash, junk, weeds, abandoned, and/or junk vehicles that the Selma Town board has found to be in violation of the Ordinance. (2) Court fees, costs, and expenses reasonably incurred to enforce the Ordinance. (3) Educational materials to inform residents of, and the publicizing of, the Property Maintenance Ordinance. (4) Other expenditures as deemed appropriate by the Selma Town Board. SECTION 13. All ordinances, resolutions, policies, and the like, which conflict with the provisions of this Ordinance are hereby repealed and shall no longer be of any force or effect. SECTION 14. This Ordinance shall be effective upon adoption and publication as required by law. PASSED AND ADOPTED by the Town Council of the Town of Selma, Delaware County, Indiana, on this, the 9th day of June, 2026. June 17 2026 LSBN0539700