Huntingburg tackles hoarding with proposed ordinance, aims for March adoption

The Huntingburg Common Council introduced an ordinance Tuesday night to address hoarding issues within the city limits. The council has been discussing the ordinance and hoarding issues in the city for several meetings.

The proposed ordinance seeks to prohibit the excessive accumulation of tangible personal property that may contribute to public health and safety hazards. Huntingburg Mayor Neil Elkins outlined the definitions of hoarding covered by the ordinance, including fire hazards, obstruction of emergency access, and unsanitary conditions, including harborage of rodents, conditions offensive to the senses and interfering with the enjoyment of life and property by others. The law would apply to accumulations on real estate, in dwellings, and in motor vehicles.

City Attorney Phil Schneider explained the enforcement process. This included the code enforcement officer requesting access to the property if they suspected hoarding. If denied, the officer could request an inspection warrant from the circuit of superior court based on the probable cause for the entry.

Violations visible from public or neighboring properties with consent would not require a warrant.

The ordinance provides a 30-day period for violators to address issues after receiving notice. Failure to comply could result in daily fines, starting at $50 for the first day and increasing to $100 per day thereafter, up to a maximum of $7,500. Once the $7,500 was reached, the city could file with the courts for injunctive relief.

Appeals to citations can be made within 10 days to the Board of Public Works and Safety.

Mayor Elkins pointed out that the new ordinance gives the code enforcement office teeth to enforce the violations and allows them access to properties they find in violation.

Schneider emphasized the importance of allowing public input before final adoption. “I think generally speaking an ordinance is of this import, it’s been the practise of past councils to hold it over for a second reading. Let the public to have some input if they want,” he said.

Council members expressed concerns about effectively communicating the new ordinance to residents. Councilman Jeff Bounds suggested using QR codes to direct people to the entire ordinance text online.

Mayor Elkins said they could send out a press release to all the local media outlets to ensure residents saw the proposed ordinance, had time to read it, and provide feedback before it was passed.

The council also discussed the possibility of including information in utility bills or using social media to spread awareness.

The council voted unanimously to introduce the ordinance, numbered 2025-06, and set a tentative date of March 11 for a second reading and potential adoption.

During public comment, Janet Schnell raised concerns about vehicles on public streets being used to circumvent property-based hoarding restrictions. She said the police can issue citations for a vehicle, but once it has been moved, it is no longer in violation.

Since the violation is remedied, she surmised that an individual could move the vehicle multiple times to avoid the citation and potential fines while still harboring a nuisance.

Mayor Elkins discussed potential solutions, including incorporating such violations into a broader nuisance ordinance.

“We need an all-inclusive ordinance that covers everything else we’re dealing with. You know, if we tell somebody eight times a year to blow the grass, does that become a nuisance or do we fight each time,” Mayor Elkins said, adding he wasn’t sure about the legality of that type of ordinance.

Schneider acknowledged Schnell’s frustration and noted that creating ordinances for every occurrence is difficult. “It is impossible to anticipate every offensive thing people come up with,” he said.

In other business, the council approved the write-off of $15,383 in bad utility debt for 2024. Clerk-Treasurer Tom Dippel said this amount represents less than one-tenth of 1 percent of utility revenue, which they considered a positive outcome. The write-offs include 42 accounts, with most being rental properties. The city uses the Indiana Department of Revenue’s TREX system to recover some debts through tax refund intercepts. The system allows tracking for six years and has proven effective in reducing overall bad debt. Discussion among the council included potential improvements to deposit policies and the possibility of requiring credit checks for new utility accounts.

The council also heard from Maleah Dearing, president of the Mayor’s Youth Council, about fundraising efforts for a community garden project. The group is selling T-shirts and sweatshirts to raise money for garden beds, with plans to work with the city’s parks department on installation.

The meeting concluded with an announcement that the annual State of the City address will likely be scheduled for March 25, providing an update on the general financial condition of the city.