(A) Upon determination by the Town Marshal or his or her designated agent that weeds and/or rank vegetation, as defined in § 92.01, exist on any lots, grounds, or tracts of land situated within the corporate limits of the town, he or she shall issue a written violation notice to the property owner that the weeds and/or rank vegetation must be removed within ten calendar days. The written violation notice shall also state that in the event that the weeds and/or rank vegetation is not removed within ten calendar days that the property owner shall have the ability to file a written notice appealing said alleged violation and that said written appeal notice shall be delivered to the Albany Town Hall, 210 East State Street, Albany, Indiana 47320. The property owner shall be assessed an administrative fee of $40 for the first written notice. In the event that the Town Marshal or his or her designated agent shall determine that a written violation notice is to be issued more than one time for the same property in any given year, the property owner shall be assessed an administrative fee of $50 for a second notice, and an administrative fee of $75 for each and every subsequent violation notice issued in the same calendar year. The assessment of such fees may be appealed as provided in § 92.05, and provided a property owner does not prevail on appeal, may be enforced as provided.
(B) The notice required by division (A) above shall be served by the Town Marshal upon the property owner by mailing a copy of the same by first class mail or certified mail to the last known address of the property owner of record. The notice will state that the property owner has ten days from the date of the notice to remove the weeds or rank vegetation growing upon that property. The notice will also state that the failure to remove the weeds or rank vegetation will result in the town proceeding to cut and remove the weeds and rank vegetation on the property and charge the cost of clearing and processing the same. The notice will also state that failure to pay the town for their costs for removing the weeds and rank vegetation shall result in a lien placed upon the real estate. Lastly, the notice will state that this is a continuous abatement notice informing the property owner that each subsequent violation during the same year for which the initial notice of the violation was provided shall be abated by the town. A copy of this notice shall also be posted upon the property.
(Ord. 2004-29, passed 12-13-04; Am. Ord. 2007-11, passed 6-11-07; Am. Ord. 2012-14, passed 6-25-12; Am. Ord. 2014-13, passed 7-28-14)