(A) The purpose of this section is to provide for the removal of weeds and rank vegetation within platted subdivisions in the town.
(B) For purposes of this chapter, the following definitions shall apply:
WEEDS and/or RANK VEGETATION. Any vegetable matter which exceeds the height of six inches; provided however that such definition does not include:
(a) Trees, bushes or shrubs which have been planted or cultivated by the landowner;
(b) Agricultural crops, such as hay and pasture; or
(c) Vegetable matter cultivated in plant beds.
(C) Owners of real property located within the corporate limits of the Town of Bargersville shall not permit or allow weeds or other rank vegetation to grow on the property. Further, owners of real property located within the corporate limits of the Town of Bargersville shall cut and remove weeds and other rank vegetation growing on the property.
(D) The Director of Development of the Town of Bargersville shall be responsible for the enforcement and administration of this section.
(E) First violation.
(1) Upon determination by the Director of Development of the Town of Bargersville or the Director of Development's designee(s), that there is an ordinance violation (that weeds and/or rank vegetation exist) on any real property located within the corporate limits of the Town of Bargersville and that the ordinance violation is the first such violation with regard to that real property occurring after the effective date of this ordinance, the Director of Development or the Director of Development's designee(s) shall issue a written notice to the landowner that the weeds and/or rank vegetation must be cut and removed within three calendar days of service of the notice. The notice further shall advise the landowner of the penalty for failure to cut and remove such vegetation.
(2) The notice required by division (E)(1) of this section shall be served upon the landowner by certified mail. If notice cannot be given by certified mail, the notice shall be given by ordinary mail or personal service. If notice also cannot be given by ordinary mail, the Director of Development or Director of Development's designee(s) shall give notice by publication in a newspaper of general circulation in Johnson County at least one time each week for two successive weeks.
(3) In the event that the town removes or causes to be removed the weeds and/or rank vegetation, the Clerk-Treasurer shall issue a bill to the landowner for the amount of the fine and for the costs incurred by the town in abating the violation, including administrative and removal costs. The bill shall be served upon the landowner in the same manner as the service of notice of violation. The bill is due and payable upon receipt, unless an appeal is taken in the manner provided in division (G).
(F) Abatement of violation and continuous abatement notice.
(1) If the landowner fails to cut and remove the weeds and/or rank vegetation within the time prescribed in the notice, or any extension of time granted by the Director of Development or Director of Development's designee(s), town employees or contractors hired by the town, may enter the property to abate the violations of this section, and may cut and remove, or cause to be cut and removed, such weeds and/or rank vegetation. In addition, the landowner shall be fined the sum of $100.
(2) The Director of Development or Director of Development's designee(s) shall issue a continuous abatement notice. The town shall post a continuous abatement notice at the real estate at the time of initial abatement, which shall serve as notice to the owner that each subsequent violation during the same calendar year may be abated by the city. The landowner shall be fined the sum of $200 for each subsequent violation during the same calendar year. In addition, the continuous abatement notice shall advise the landowner that the weeds and/or rank vegetation must be cut within three calendar days of service of the notice.
(3) The notice required by division (F)(2) of this section shall be served upon the landowner by posting notice at the property at the time of abatement provided the owner was served the initial notice under division (E)(1) by certified mail, first class mail or by personal service.
(4) In the event that the town abates, removes or causes to be removed such weeds and/or rank vegetation, the Director of Development or Director of Development's designee(s) shall issue a bill to the landowner for the amount of the fine (if it has not already been paid) and for the costs incurred by the town in abating the violation, including administrative and removal costs. The bill shall be served upon the landowner in the same manner as the service of notice of violation. The bill is due and payable upon receipt, unless an appeal is taken in the manner provided in division (G).
(G) Any appeal of the removal notice, fine or bill must be made in writing, within seven calendar days of the date of service of the removal notice, fine or bill, whichever is applicable. Any appeal must be in writing and shall be made to the Director of Development, who shall set the matter for hearing. The date and time of the hearing will be set by the Director of Development or Director of Development's designee(s). After the hearing, the Director of Development or Director of Development's designee(s) shall issue written findings. Any appeal from written findings of the Director or Development or Director of Development's designee(s) must be made to a court of competent jurisdiction located in Johnson County, Indiana, within ten calendar days of the issuance of written findings by the Director of Development.
(H) (1) If the landowner fails to pay a bill issued under division (F) or (G) of this chapter within the time specified, the Director of Development or Director of Development's designee(s) shall certify to the Auditor of Johnson County the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor of Johnson County shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the Town of Bargersville.
(2) In the alternative, the town may enforce this chapter in the manner provided by Indiana statute for the enforcement of municipal ordinances.
(Ord. 1993-9, passed 12-14-1993; Ord. 2012-02, passed 4-10-2012; Ord. 2018-19, passed 5-29-2018)