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Alexia Esq.
Alexia Esq., Managing Attorney
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in regards XXXXX XXXXX county laws of bloomington , indiana if you

Customer Question

in regards XXXXX XXXXX county laws of bloomington , indiana if you own property in a private neighborhood, and one of the other neighbors starts the construction of a home and does't finish the project including the surrounging land upkeep what are the neighborhoods rights? the low end value of the homes are $400,000?
Submitted: 6 years ago.
Category: Legal
Expert:  Alexia Esq. replied 6 years ago.

DearCustomer

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

The laws you are looking for are via your municipality of Bloomington, Indiana, not the county. Your neighbor certainly has an obligation to maintain the surrounding land upkeep as follows:

 

Title 16 HOUSING INSPECTION

Chapter 16.04 PROPERTY MAINTENANCE CODE

 

16.04.150 Exterior property areas.

(a) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
(b) Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon.
Exception: Approved retention areas and reservoirs.
(c) Sidewalks and Driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(d) Weeds. All premises and exterior property shall be maintained free from weeds and plant growth in accordance with the Bloomington Municipal Code.
(1) Trees. All trees on the premises shall be in good health and pose no danger to persons or building.
(e) Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.
(f) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
(g) Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
(1) Gates. Gates which are required to be self-closing and self-latching in accordance with the local building code shall be maintained such that the gate will positively close and latch when released from a still position of six inches (one hundred fifty-two mm) from the gatepost.
(2) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.
(h) Motor Vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
(i) Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. (Ord. 03-08 § 1 (part), 2003).

 

The housing and neighborhood development department is responsible for the enforcement of this code (16.04.030) and you should file a complaint with that department if you believe your neighbor to be in violation of the code. While I understand that you have been very patient and did your best to be able to communicate with the owner in a reasonable an neighborly fashion about the eye-sore condition of this property, at some point I also understand that enough is enough, particular when you are getting no coooperation. The neighbor could be fined up to $100/day. Keep in mind, there are numerous other violations he may be subjected to, so he made a big mistake in his rudeness and disregard for his neighbors' concerns :)

 

Good luck.

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Sincerely,

 

Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear.

 

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