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(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)
OPEN BURNING REGULATIONS
For the purposes of this subchapter the following words and phrases shall have the following meanings ascribed to them respectively.
“FIRE” or “FIRES.” The words shall be interchangeable, and shall mean and refer to the visible, active phases of the chemical reaction constituting the combustion of material, manifested in light and heat.
“MATERIAL” or “MATERIALS.” The words shall be interchangeable, and shall mean and refer to any and all biodegradable and nonbiodegradable substances, including garbage, rubbish, ashes, commercial, industrial, and institutional wastes, wood, and wood products.
“OPEN BURNING” or “OPEN BURN.” The terms shall be interchangeable, and shall mean and refer to the outdoor combustion of material.
“PERSON” or “PERSONS.” The word shall be interchangeable, and shall mean and refer to any natural person, corporation, association, trust, venture, partnership, or other entity.
“WOOD PRODUCTS.” Material derived from or consisting of paper, cardboard, rags, boards, branches, brush, grass, and leaves. No processed, painted, or treated wood material.
(Ord. 895, passed 5-18-04)
(A) No person or persons shall open burn any material except as provided in Town Code § 91.12, or except as provided at 326 Indiana Administrative Code § 4-1-3 or 326 Indiana Administrative Code § 4-1-4.
(B) Any person who shall violate any provision of this section shall be deemed the author and maintainer of a public nuisance.
(C) The Metropolitan Police Department shall and is hereby empowered to enforce the provisions of this section, as amended from time to time.
(Ord. 895, passed 5-18-04)
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