Howard County Commissioners adopt ordinance to fight blight

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Rural Howard County looks a little messy. In some areas more than others, residents have taken advantage of loose regulations to let their properties fall into disarray. Others have started make-shift junkyards, collecting old vehicles and debris for all to see.

But it’s time to clean up, according to the Howard County Commissioners. Late last month, the board enacted a nuisance ordinance to tackle blight and neglect. It is a measure that has been discussed for years.

“This is kind of a difficult thing because people kind of think you're getting into their business,” said Howard County Commissioner Jeff Lipinski. “But if you have neighbors in residential areas, it makes it a really difficult thing, definitely, when you do have nuisance issues.”

Lipinski and his contemporaries on the board field complaint calls from residents multiple times a week concerning dilapidated properties and nuisance conditions. Rather than allowing the situations to persist, the commissioners took action after more than a year of deliberation.

The nuisance language, adopted unanimously on April 21, establishes definitions for what constitutes a nuisance, establishes fines for maintaining the nuisance, and allows for a compliance officer to investigate complaints and initiate enforcement.

The ordinance prohibits the dumping of litter, abandoned vehicles, junk, recyclables, garbage, construction or demolition waste, hazardous waste, and infectious waste on any public or private land. Nor may residents maintain such waste on their properties.

The ordinance does not, however, directly address dilapidated structures. Nor does it address farm animals being maintained on residential properties. Both of these issues have come before the commissioners repeatedly and will persist, it appears, in spite of the new regulations.

“This ordinance has been a long time in coming,” said Dodd. “It addresses such things as abandoned vehicles, garbage, and junk, but it doesn't address everything. We didn't want to address everything.”

Once a compliance officer is hired under contract, they will respond to complaints filed by county residents via a form that the county will provide. An investigation will follow, and if the complaint results in confirmation of a nuisance violation, action can be taken.

Initially, the compliance officer may issue a notice to abate the nuisance, giving the property owner 10 days to comply. Failing that, the county may issue fines against the nuisance property, starting at $100 for a first offense and rising to $500 for a second offense and $1,000 for a third or additional offense.

The abatement order may be appealed within 10 days of issuance.

The ordinance does not authorize county government to perform any abatement. Unlike the City of Kokomo, it will not remove items from offending properties when a nuisance is confirmed and not abated by the owner. It also will not maintain a department for enforcement of the ordinance.

“We have to do this,” said Dodd. “We can't keep getting these calls. We are going to be hiring a compliance officer because you can't have a nuisance ordinance and not enforce it. It's time to do this. And I get it that people move to the county so they can be in the county, but you can't just pile up abandoned vehicles or trash in the county.”