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It is hereby declared to be the purpose and intent of this subchapter, and these regulations, to protect the public health, safety, comfort, morals, convenience, and general welfare and well-being of the residents of the town, as well as to enhance the environment for the residents of the town by declaring it illegal and unlawful to allow and permit weeds, noxious growth, rank vegetation, and any other environmental public nuisance to persist or exist.
(Ord. 641, passed 3-7-95; Am. Ord. 1354, passed 6-16-20)
For purpose of this subchapter, and these regulations, as amended from time to time, the following definitions shall apply unless the context clearly indicates otherwise, or requires a different meaning.
“AUTHORIZED REPRESENTATIVE.” The town official or officials designated to make inspections of complaints of weeds, noxious growth, rank vegetation and any other environmental public nuisance existing within the town, including, but not limited to, the Building Commissioner, Code Enforcement, Director of Operations, Police Department, Town Administrator, Town Manager and the Unsafe Building Administrator.
“EXCLUDED PROPERTY.” Land cultivated for gross profit in a business or agricultural zoning district; a natural or developed forest, which does not create a health or safety hazard, which conforms to Management Series No. 2 of the Indiana Department of Natural Resources or is registered, or adjoining landowners; vacant and open lands, fields or wooded areas more than 150 feet from occupied property; land containing agricultural crops, such as hay and pasture. However, natural habitats or wildlife habitats in residential zoning district properties are not to be considered “EXCLUDED PROPERTY,” and will constitute a violation of this subchapter, as amended from time to time.
“GOVERNMENTAL PROPERTY.” Real estate within the town which is owned, leased, controlled or occupied by the United States, the State of Indiana, or any political subdivision thereof, excluding areas such as interior fields, riverbank properties and wooded lots which are maintained as natural sites by any such political entity.
“INSPECTOR.” An authorized representative of the town, so designated, and having power to issue ordinance violation notices and summons in order to enforce the provisions of this subchapter as amended from time to time.
“NOTICE OF VIOLATION.” The notice served by the authorized representative on the owner of the property where the violation exists.
“OWNER.” The term “OWNER” shall be presumed to be any one or more of the following as of the date of the violation notice:
(1) The owner or owners in fee simple of a parcel of real estate, including the life tenant or tenants, if any;
(2) The record owner or owners as reflected by the most current records in the Auditor's Office of Lake County;
(3) The purchaser or purchasers of such real estate under any contract for the conditional sale thereof; or
(4) The occupant or user of such real estate, whether or not a life tenant, record owner, or purchaser under any contract for conditional sale, who is occupying or using, in any manner, a parcel of real estate.
“PRIVATE PROPERTY.” All real estate within the town except governmental property.
“TOWN.” The Town of Cedar Lake, Lake County, Indiana.
“TRAFFIC HAZARD.” Any weeds, noxious growth, rank vegetation and/or other environmental public nuisance that is potentially dangerous to the existing traffic at the intersection in question, as it may block or prohibit the view of any oncoming traffic.
“WEEDS, NOXIOUS GROWTH, RANK VEGETATION AND OTHER ENVIRONMENTAL PUBLIC NUISANCE.”
(1) Any growth of weeds, grass or other rank vegetation on private or governmental property which is neglected, disregarded or not cut, mown, or otherwise removed, and/or which has attained a height of nine inches or more;
(2) Any accumulation of dead weeds, grass or brush on private or governmental property;
(3) Any poison ivy, ragweed or other poisonous plant or plants detrimental to health, growing on any private or governmental property;
(4) Property which has been allowed to become a health or safety hazard, or which has accumulated litter or waste products, unless specifically authorized under existing laws and regulations;
(5) The feeding of wild or domestic waterfowl by any person or persons on or near Cedar Lake.
(Ord. 641, passed 3-7-95; Am. Ord. 671A, passed 6-10-97; Am. Ord. 752, passed 9-28-99; Am. Ord. 758, passed 11-23-99; Am. Ord. 1354, passed 6-16-20)
(A) Each department or agency of the United States, the state, the town, or any other political subdivision thereof, shall be required to keep governmental property free from environmental public nuisance.
(B) Each owner of private property shall be required to keep that private property free from environmental public nuisances.
(C) All persons shall be prohibited from feeding any and all wild or domestic waterfowl on or near Cedar Lake, at any time.
(Ord. 641, passed 3-7-95; Am. Ord. 671A, passed 6-10-97; Am. Ord. 1354, passed 6-16-20)
It shall be unlawful for any owner of private property or governmental property in the town to allow, permit, or maintain any weeds, noxious growth, rank vegetation and/or other environmental public nuisance on that real property, except on excluded property.
(Ord. 641, passed 3-7-95; Am. Ord. 1354, passed 6-16-20)
(A) Complaint. Violations of this subchapter and these regulations, as amended from time to time, shall be cited by any authorized representative of the town which receives a complaint regarding weeds, noxious growth, rank vegetation, or any other environmental public nuisance on any property within the town.
(B) Assignment of complaint. A complaint shall be forwarded to the duly designated inspector for processing and inspection, who shall follow that complaint case through to its resolution or compliance disposition.
(C) Notice to abate. Upon receipt of a complaint that weeds, noxious growth, rank vegetation, or other environmental public nuisance exists in violation of this subchapter, the inspector shall make an inspection and upon confirmation of the same, shall cause written notice to be issued to the property owner by first class mail or an equivalent service permitted under IC 1-1-7-1, to:
(l) The owner of record of real property with a single owner; or
(2) At least one of the owners of real property with multiple owners; at the last address of the owner for the property as indicated in the records of the Auditor's Office of Lake County on the date of the notice.
(D) Contents of notice. The notice to abate shall contain the following information:
(1) The address of the real property;
(2) The date of the notice;
(3) The address and the telephone number of the Planning and Building Department; and
(4) A statement that the designated violation shall be removed from the property within five calendar days after the mailing of the notice, or the owner must file an appeal. In the event that the inspector finds a violation pursuant to such definition of “TRAFFIC HAZARD,” the inspector shall have the authority to waive the five day grace period and abate the problem as soon as possible.
(E) Continuous abatement. If an initial notice of the violation of an ordinance adopted under this section was provided by certified mail, first class mail, or equivalent service under division (C) above, a continuous abatement notice may be posted at the property at the time of abatement instead of by certified mail, first class mail, or equivalent service as required under division (D) above. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the town or its contractors.
(Ord. 641, passed 3-7-95; Am. Ord. 671A, passed 6-10-97; Am. Ord. 758, passed 11-23-99; Am. Ord. 1100, passed 9-7-10; Am. Ord. 1354, passed 6-16-20)
(A) Inspection. Following the expiration of the notice to abate, an inspector shall visually inspect the property to determine whether weeds, noxious growth, rank vegetation and/or an environmental public nuisance exists. In the event that the weeds, noxious growth, rank vegetation and/or an environmental public nuisance still exists, action shall be taken to abate said condition in accordance with the provisions of this section and these regulations, as amended from time to time.
(B) Citation for violation. In the event that the inspector finds that weeds, rank vegetation, and/or other environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, that inspector may cause a citation for violation of town ordinance to be issued to the offending property owner.
(C) Feeding wild or domestic waterfowl. Where an inspector or authorized representative of the town investigates a complaint of any person or persons feeding wild or domestic water fowl on Cedar Lake, or within 500 feet from the shoreline of Cedar Lake, or within 500 feet of any contributory wetland, creek, drain (mutual or regulated), or stream of the Cedar Lake watershed, the inspector may issue either a warning notice or violation citation, as is warranted and/or deemed appropriate under the circumstances, to any person or persons who refuse to desist from feeding the wild or domestic water fowl, pursuant to the provisions of this subchapter.
(D) Abatement by town on private property. In addition to the issuance of a citation for violation of a town ordinance under division (A) above, the inspector, in the name of the town, may issue a request to the town to abate the weeds, rank vegetation and/or other environmental public nuisance. The actual abatement may be assigned to a town department, or contracted out through standard procedures.
(E) Abatement by town on governmental property. Where the complaint involves governmental property, and it is determined by the inspector that a violation exists and threatens the health and safety of the residents of the town, the inspector may direct the town to immediately enter upon the premises and remove the violation.
(F) Abatement expense. Following abatement by the town, the inspector shall furnish the town with a statement of the actual cost involved for the abatement of the violation, including the costs of removal, cutting or destruction of weeds, rank vegetation, and/or other environmental public nuisance as defined by this subchapter, or the costs of trimming tree limbs or branches, as well as administrative costs, including, but not limited to, court costs, attorney's fees and the costs of sending or posting notices of violations. In the event that the enforcement authority uses municipal employees to perform the abatement, the town shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals that may be used.
(G) Responsibility for abatement expense. The property owner shall be responsible for all expenses related to abatement of the violation performed by the town. Following receipt of the statement of actual cost involved for the abatement of the violation, the town shall send the statement to the owner by first-class mail. The owner shall pay the amount noted to the town within 14 days after receipt, which shall be deposited in the Town General Fund.
(H) In the event that the owner fails to pay a town bill or invoice issued under this subchapter within 14 days, and has not filed an appeal, as provided for in § 93.27, the town shall certify to the Lake County Auditor the amount specified in the bill or invoice, plus all documented additional administrative costs incurred in the certification. The Auditor 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 upon collection, shall be disbursed to the General Fund of the town.
(I) The town may also, at its discretion, bring an action in a court of competent jurisdiction in a State Court in Lake County, to collect the amount of the expense incurred in division (C), plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. In the event that the town obtains a judgment under this division, the town may obtain a lien in the amount of the judgment on any real or personal property of the owner of record.
(J) Any violation of this subchapter is subject to the penalties as established by § 93.99, as amended from time to time.
(Ord. 641, passed 3-7-95; Am. Ord. 1354, passed 6-16-20)
(A) Upon receipt of a notice to abate bill for abatement, the property owner or occupant served, or his duly authorized representative, may notify the town of any objection to the notice to abate or bill. This correspondence shall be in writing to the Town Administrator, and shall specify the street address, legal description of real property involved, and reason for objection to the notice to abate or bill. Any such correspondence must be received by the town within the amount of time set out in the notice to abate or bill.
(B) Upon receipt of such correspondence, the inspector or authorized representative shall provide copies to the Town Administrator, who shall cause the objection to be investigated. No further action shall be pursued against that property owner or occupant to abate the environmental public nuisance or pay the bill for abatement until resolution of the objection thereto. The Town Administrator shall notify the landowner of the final decision on the objection, and the decision of the Town Administrator shall be final.
(Ord. 641, passed 3-7-95; Am. Ord. 1100, passed 9-7-10; Am. Ord. 1354, passed 6-16-20)
It is the express intent of this subchapter and these regulations, as amended from time to time, to adopt the provisions of IC 36-7-10.1-1 et seq., as amended from time to time.
(Ord. 641, passed 3-7-95; Am. Ord. 1100, passed 9-7-10; Am. Ord. 1354, passed 6-16-20)
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