Huntingburg attempts to address hoarding issues

Huntingburg city officials are considering a new ordinance to address hoarding and public safety concerns within the community.

The proposed changes, discussed at a recent city council meeting, would amend chapters 150 and 34 of the Huntingburg Code of Municipal Ordinances. Chapter 150 discusses property regulations, and Chapter 30 discusses violations and fines.

City Attorney Phil Schneider presented the draft ordinance, explaining that it aims to tie excessive clutter and accumulation of personal property to public safety and welfare concerns.

“Hoarding is not an easy thing to regulate. First of all, in many cases what we consider hoarding could very well be a mental illness,” he told the council. “The other thing that makes it difficult is that it deals with property rights. And so government has to have a compelling interest in order to restrict people’s rights to own and control property.”

The ordinance would provide a tool for addressing issues when they surface, though Schneider acknowledged enforcement would still be subjective regarding whether an accumulation of stuff is affecting public welfare and would be hard to enforce.

“It is at least a tool we can use to address some of these issues when they surface,” he said.

Mayor Neil Elkins emphasized that the focus is on health and safety risks rather than aesthetics, saying it wasn’t about the number of figurines in a yard but about the issue of “clutter causing a health risk or a risk for the neighborhood.”

The mayor and Schneider both acknowledged that a property’s aesthetic can harm the value of the homes around it. However, Schneider pointed out that this was more of a civil issue between two property owners that might require a suit being brought against the offending property.

“What municipal government can do is address it from a public health and safety and welfare stance,” Schneider said.

Councilwoman Pam Bolte asked if the process was subjective, who would decide to apply the ordinance, and how it would be done. Schneider indicated it came down to the planning director and code enforcement officer, a process similar to other code violations.

City Planning Director Paul Lake said his department usually only works on things from the exterior of the home but is limited regarding the issues inside of a home. “In order to go inside (a home), I have to see the violation,” he said.

Lake added that having the fire chief as the code enforcement officer has helped and he is also notified by police officers if something is going on inside a home that is unsafe.

“It still doesn’t address the mental side of it,” he added.

Lake also acknowledged that addressing unsafe properties is not quick, potentially taking 18 months or more in some cases.

The council also discussed the potential dangers hoarding poses to emergency responders. A recent home was so full of material that the firefighters had difficulty fighting the fire without endangering themselves. “Firemen are not going to put their lives in jeopardy,” said Councilman Glen Kissling, the city’s former fire chief, explaining they will back out and keep the fire from spreading further.

Citizen Janet Schnell, who has been advocating for action on hoarding, addressed the council. She provided resources on hoarding policies from other communities and emphasized the impact on neighbors.

She questioned how the city is protecting homes around these types of properties. At a previous meeting, she discussed issues with materials stacked higher than her privacy fence and critters living on the offending property.

“Where’s my protection?” Schnell asked. “When you talk about, you know, we don’t want to send the firefighters into the house, I get that. But then that means that fire can spread to my property.”

Schnell also raised concerns about the mental health impact on firefighters responding to hoarding situations they can’t resolve.

Council members discussed the need for a multi-pronged approach, including ordinance changes and community will to address the issue.

Along with adding some hoarding language to the municipal code, the proposed ordinance would allow for fines of $50 for the first violation, increasing to $100 per day for continued non-compliance after a 30-day notice period. Schneider stated that if the problem is brought to the attention of the code enforcement department, it works with the property owner to remedy the situation before issuing a $50 fine.

“I think Phil took a huge step forward with this proposal,” Elkins said. He added that rental inspections and addressing vacant properties are priorities for the city’s coming year.

The mayor also noted the city has ten properties it will be looking at for condemnation proceedings in 2025.