(A) Definitions.
DEBRIS. Shall include the remains of something broken-down or destroyed.
RANK VEGETATION. Shall include those weeds and growing vegetation which is excessive 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.
(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 property located within the city shall cut and remove grass, 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. The department of the municipality responsible for the administration of this ordinance will be the City Street Department. In the event of a violation of this section, the Street Superintendent and/or his or her designee, the Ordinance Enforcer, or 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 notice is served on the landowner (“abatement period”). Personal service, service by U.S. certified mail or any other manner of service recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the landowner for the purposes of this section. The landowner will be determined by records kept in the office of the Fayette County Auditor.
(E) Appeal. Any violation notice 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 landowner. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the Board of Public Works and Safety. The landowner must file a written notice of appeal with the Clerk-Treasurer and the Ordinance Enforcer within two business days of being served with a violation notice or the request for appeal is deemed untimely.
(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 a violation notice. In such case the Street Superintendent, or his or her 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 was served with such invoice ("payment period"), pay in full the amount stated thereon to the Clerk-Treasurer.
(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 Clerk-Treasurer and the Ordinance Enforcer within seven calendar days from the date on which the invoice is served upon the landowner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the Board of Public Works and Safety. If the landowner does not file a written notice of appeal within seven days after receiving service of the invoice, the invoice is deemed to be valid and any written notice of appeal will thereafter deemed untimely.
(H) Failure to pay. If a 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 and 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 of Public Works and Safety shall hear any timely requested appeal of a notice of violation or invoice within 30 calendar days following receipt of the same, and shall promptly thereafter issue a written decision granting or denying, in all 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) This section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof.
(Ord. 4344, passed 3-3-03)