(A) Jurisdiction.
(1) The jurisdiction of this section shall be the corporate limits of the town, as presently defined or as may be modified from time to time by annexation of town ordinance.
(2) This section shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed.
(B) Definitions; exclusions.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a) DESTRUCTION ORDER. The notice served by the town on the property owner of the premises upon which an environmental public nuisance exists in violation of this section.
(b) PROPERTY OWNER. The person, entity or organization who is responsible for payment of taxes on the real estate as shown on public record at the county recorder's office, and/or the purchaser of such real estate under a contract for conditional sale, and/or the person, entity or organization occupying the property, and/or the holder of legal title, and/or a person, entity or organization having control over the property as the personal representative, trustee, receiver or guardian of the owner.
(c) ENVIRONMENTAL PUBLIC NUISANCE.
1. Any growth of weeds, grass or rank vegetation on a plot or parcel of land other than excluded property which is neglected, or not cut, mown or otherwise removed, which is higher than eight inches tall.
2. Any noxious weeds (as defined in I.C. Title 15) or other poisonous plant detrimental to health.
3. Structures defaced with paint or wording.
4. Any property which has been allowed to become a health or safety hazard or has accumulated refuse or waste products unless specifically authorized under existing laws and regulations.
5. Weeds do not include shrubs, trees, cultivated plants or crops.
A. In no event shall cultivated plants or crops include plants that have been defined by state statute or administrative rule as being noxious or detrimental plants.
B. The Indiana Cooperative Extension Service shall be the referenced technical authority for the town executives with respect to the definition of exempt matters, shrubs, trees, cultivated plants and crops.
6. Excluded property means land cultivated for gross profit in a commercial, agricultural or horticultural zone; a natural or developed forest, which does not create a health or safety hazard.
(C) Owners responsible for trimming, removal and the like. All property owners within the corporate limits of the town shall be required and be financially responsible for the removal, cutting, or disposal and elimination of environmental public nuisances on their property.
(D) Notice of violations. Upon a determination of the existence of an environmental public nuisance in violation of this section, the town shall forward written notification in the form of a destruction order to the property owner. Such notice shall be served in writing by certified mail. The notice shall provide that within seven calendar days after the receipt of the notice that the designated violation shall be removed by the property owner.
(1) All notices are to be in writing and all filings are to be with the Clerk-Treasurer.
(2) Certified mailing to the Clerk-Treasurer or others is deemed filed on the date of posting to the United States Postal Service.
(E) Abatement by town. In the event that the property owner shall fail to comply with the destruction order within seven calendar days, the town may employ the services of town employees or outside contractors to insure that the property is brought into conformance with this section by all lawful means.
(F) Liability.
(1) The property owner is liable for all costs for removal, cutting or destruction of environmental public nuisances as defined by this section.
(2) The property owner is responsible for all collection costs associated with removing environmental public nuisances, including, but not limited to, court costs, attorney's fees and interest on any unpaid amounts incurred by the town. If the town uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies, and chemical, which may be used. If town employees are used the minimum amount due will be $100.
(3) All sums payable under this section by the property owner are to be paid to the Clerk-Treasurer and to be deposited in a general fund, as compensation for expenses and costs incurred by the town.
(G) Removal costs.
(1) If the property owner fails to remove the environmental public nuisances within the time prescribed, and the town incurs costs and expenses to remove the environmental public nuisance, the Clerk-Treasurer shall make a certified statement of the actual cost incurred by the town in the removal. The minimum amount shall be $100. The statement shall be delivered by a law enforcement officer of the town, or by certified mail to the property owner, and the property owner shall then make payment at the office of the Clerk-Treasurer.
(2) If the property owner fails to pay the amount within ten days after receiving the statement, a certified copy of the statement of cost shall be filed in the office of the Auditor of Noble County. The Auditor shall place the amount claimed on a tax duplicate against the property affected by the work and the amount shall be collected as taxes are collected and shall be disbursed to the General Fund of the town.
(H) Penalty. Whoever violates any provision of this section shall be subject to a fine of not less than $50, nor more than $250. Each day that such violation shall occur shall constitute a separate violation for which the person shall be subject to a fine.
(Ord. 2003-06, passed 8-12-03)