(a) Definitions.
Debris shall include the remains of something broken-down or destroyed.
Rank Vegetation shall include those weeds and growing vegetation which is excessively vigorous in growth, shockingly conspicuous, malodorous and/or flagrant.
Weeds shall include any plant that is not valued where it is growing, and is of rank growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in the U.S. Department of Agriculture publication entitled Common Weeds of the United States, or in any similar government publication, except for common milkweed (asclepias syriaca) and swamp milkweed (asclepias incarnata), which shall not be considered "Weeds" for purposes of this Section.
(b) Violation. It is a violation of this section to have weeds, rank vegetation and/or debris on any real property ("property") located within the City's corporate limits.
(c) Requirement to cut. All owners of real property ("property") located within the City shall cut and remove weeds and other rank vegetation growing thereon that exceeds an average height of six inches, and shall keep their property clear of debris.
(d) Violation Notice. In the event of a violation of this section, the Director of the Department of Community Services ("Director") and/or his designee, or an officer of the Police or Fire Department shall issue a written notice ("Violation Notice") to the violating landowner. The Violation Notice shall identify the violation and order the landowner to correct the same within seven calendar days from the date on which the Violation Notice is served on the landowner ("Abatement Period"). Personal service, service by U.S. certified mail or any other manner service recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the landowner for purposes of this section.
(e) Appeal. Any Violation Notice issued pursuant to this section may be appealed to the Board of Public Works and Safety ("Board") if written notice of appeal is served on the landowner. The timely appeal of a Violation Notice shall toll the abatement period pending the issuance of a decision thereon by the Board.
(f) City to abate. If the landowner fails to timely abate each violation set forth in a Violation Notice, the landowner shall be deemed to have granted permission to the City to enter the landowner's property for the limited purpose of cutting and/or removing such debris, weeds or rank vegetation located thereon and identified in the Violation Notice. In such case, the Director, or his designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the City in taking such action, and serve a copy of the invoice on the landowner. The landowner shall, within seven calendar days from the date on which the landowner is served with such invoice ("Payment Period"), pay in full the amount stated thereon to the Department of Community Services ("Department").
(g) Appeal of costs. Any invoice issued pursuant to this section may be appealed to the Board of Public Works and Safety if written notice of appeal is served on the Director within seven calendar days from the date on which the invoice is served on the landowner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the Board.
(h) Failure to pay. If the landowner fails to timely pay an invoice issued pursuant to this section,the Director, or his designee, shall certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of the same. The Auditor shall place the total amount so certified on the tax duplicate for the property at issue, 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 City.
(i) Time of appeals. The Board shall hear any timely requested appeal of a Notice of Violation or invoice within 30 calendar days following receipt of the same, and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The date on which the Board's decision is served on the landowner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.
(j) Penalty. Any person who violates any provision of this section shall be subject to the General Penalties set forth in § 1-11 of the Carmel City Code. Each day that a violation continues shall constitute a separate offense.
(k) This section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof.
(l) This section shall not apply to an Agricultural District.
(`91 Code, § 6-88) (Ord. D-833, § 6-88, 9-22-92; Ord. D-1246, 9-24-96; Ord. D-1557-02, § 2, 5-6- 02; Ord. D-1645-03, § IV, 10-20- 03; Ord. D-2454-19, § 2, 2-4-19; Ord. D-2505-19, 12-16-19)
Statutory reference
:
Removal of weeds and rank vegetation, see I.C., 36-7-10.1-3 et seq.