(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
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 inconspicuous, 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.
(B) Violation. It is a violation of this section to have weeds, rank vegetation and/or debris on any real property located within the town’s corporate limits.
(C) Requirement to cut. All owners of real property located within the town shall cut and remove weeds and other rank vegetation growing thereon that exceeds an average height of eight inches and shall keep their property clear of debris.
(D) Violation notice.
(1) In the event of a violation of this section, an officer of the Police 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 recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the landowner for the purposes of this section.
(2) If the initial notice of violation of this section was provided by certified mail or any other manner recognized in the Indiana Rules of Trial Procedure, a continuous abatement notice may be posted at the property by the Police Department and/or the planning department at the time of abatement, instead of by certified mail or equivalent service as required under this section. A continuous abatement notice serves as notice to the land 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.
(E) Appeal. Any violation notice issued pursuant to this section may be appealed to the Town Council 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 Town Council.
(F) Town 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 town 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 Clerk-Treasurer or his or her designee shall prepare a certified statement as to the actual administrative and other costs incurred by the town 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 town.
(G) Appeal of costs. Any invoice issued pursuant to this section may be appealed to the Town Council if written notice of the appeal is served on the Clerk-Treasurer within seven calendar days from the date which the invoice is served on the landowner. The timely appeal of the invoice shall toll the payment period pending the issuance of a decision thereon by the Town Council.
(H) Failure to pay. If the landowner fails to timely pay an invoice issued pursuant to this section, the Clerk-Treasurer or his or her 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 County 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 town.
(I) Time of appeals. The Town Council 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 Town Council’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. Whoever shall be found in violation of the terms, conditions and provisions of this section shall be fined not less than $5 and not more than $500, plus costs. A separate offense shall be deemed committed upon each day during or on which such violation occurs or continues. In addition, the town may seek injunctive relief in a court of law and/or equity to enforce the terms and provisions of this section. This section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof.
(K) Nuisance. In addition to the requirements, provisions and penalty set out in this section, any person, including the owner or occupant of real estate, who fails and/or refuses to keep weeds, rank vegetation, debris and grasses on real estate under his or her possession mowed and cut as provided in this section, shall be guilty of keeping and maintaining a nuisance and shall also be subject to the provisions, conditions, fines and penalties set out elsewhere in the code which deal with maintaining a nuisance.
(Ord. 09-16-2003, passed 9-16-03; Am. Ord. 04-16-2013-3, passed 4-16-13)