(A) Unlawful growth.
(1) Violation. It is unlawful for the owner of any real estate in the town to allow it to become overgrown with weeds, grass, or other rank vegetation beyond the height of 6 inches.
(2) Policy. Because growth of weeds, grass, or other rank vegetation beyond the height of 6 inches leads to the increased presence of insects and vermin, conceals dangerous conditions of the land, adversely affects the property and adjacent properties, and otherwise adversely affects the public health, safety and welfare, it is the policy of the town to prohibit such conditions and to take all necessary action to remove such conditions.
(3) Weeds and rank vegetation defined. For purposes of this section, the term WEEDS AND RANK VEGETATION shall include all weeds, grasses and growing plants that exceed a height of 6 inches, except agricultural crops, hay and pasture, garden plants, ornamental grasses and plants used for landscape purposes, wild flowers, and wetland and/or vegetation drainage.
(4) Nuisance. Weeds and rank vegetation that have grown to 6 inches or more constitute a nuisance. The town is authorized to abate such nuisances as provided for in this section or in § 95.03.
(B) Removal.
(1) Administration. Any person authorized by the Town Council may enter upon and inspect a property located within the town if the property appears to be in violation of this section.
(2) Notice to correct.
(a) lf the town finds a violation this section, the Town Council or Code Enforcement Officer shall mail to the property owner, at the address provided to the County Auditor for tax statements, a notice to correct the violation. If more than 1 property owner appears on the records of the County Auditor, notice is sufficient if only 1 property owner is provided notice.
(b) This notice shall advise the owner of the violation, describe the action to be taken by the owner to correct the violation, advise the owner that he or she has 10 days to correct the violation, advise the owner of the town’s remedies if the owner fails to correct, advise the owner of his or her right to appeal the determination of violation, and notify the owner of any other information that, at the town’s discretion, will further comply with the town’s ordinances.
(3) Appeal of notice to correct. If the owner contests the determination by the town that a violation exists, the owner may appeal this determination by filing with the Town Council a written notice of appeal, within 7 days of the owner’s receipt of the notice to correct. The owner shall be deemed to have received the notice to correct on the return of receipt, if notified by certified mail or 3 days after the notice was mailed by regular first class mail by the town, whichever is later.
(4) Procedure for appeal of notice to correct. The Town Council shall conduct an evidentiary hearing of the town’s determination within 30 days after the notice of appeal is filed. At this hearing, the town shall have the burden ofproving the violation. The violation must be proved by a preponderance of the evidence. The owner and the town may be represented by attorneys. The owner and the town shall have the right to call witnesses and to confront them, and to present exhibits and other evidence for the Town Council’s consideration. The Town Council shall issue written findings of fact and conclusions not more than 10 days after the hearing, and then mail the same to the parties. If the Town Council determines that a violation existed, the town may exercise its remedies as provided herein. If the Town Council determines that no violation existed, the notice to correct shall be deemed void and have no force and effect.
(5) Remedies. In the event that the owner fails to correct the violation as provided for in the notice, the town shall have all of the following remedies.
(a) Fine. The town may fine the owner the sum of $100 for each day the violation remains unabated. The first day the fine can be assessed is the first day after the expiration of the 10-day cure period, which begins on receipt by the owner of the notice to correct. The town is not required to provide to the owner any further notice or document as a precondition to assessing the fine. The fine will continue to accrue until the violation is corrected as provided for in the notice. The town shall notify the owner of the fine due, and the owner shall have 30 days from receipt of the notice to pay the fine to the Clerk-Treasurer. If the owner fails to pay the fine within 30 days, the town may file a complaint for the collection of the fine that accrues due to the violation.
(b) Town abatement. If the owner fails to timely abate each violation set forth in the notice to correct, the owner shall be deemed to have granted permission to the town to enter the owner’s property for the limited purpose of cutting and/or removing such weeds, grass, or rank vegetation located thereon. In such case, the Code Enforcement Officer, Town Council, or their designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the town in taking such action, and shall provide this certified statement to the Clerk-Treasurer who shall serve a copy of the invoice on the owner. The owner shall, within 30 calendar days from the date on which the owner is served with such invoice, pay in full the amount stated thereon to the Clerk-Treasurer.
(c) Lien. If it corrects the violation and incurs the expense of such corrective work, the town shall be entitled to a lien on the real property of the owner in an amount equal to the town’s cost of correction and expenses incurred in the prosecution of the enforcement action.
(d) Attorney’s fees and litigation expenses. If the town brings an enforcement action under this section, the owner shall be liable for any and all reasonable attorney's fees, court costs and litigation expenses incurred by the town in the enforcement action. The town shall notify the owner of these costs in the notice of fine, and the owner shall have 30 days from receipt of the notice to pay the sum to the Clerk-Treasurer. If the owner fails to pay the costs, the town may file a complaint for the collection of these fees, costs and expenses.
(e) Other remedies. The town shall also have any other remedy provided for by state law or town ordinance. The town may exercise 1 or more remedies without waiving its other available remedies.
(6) Continuous abatement and notice. If an initial notice to correct was provided by certified mail or regular first class mail to an owner of property in violation of this section, a continuous abatement notice may be posted at the property at the time of abatement by the town and serves as notice to the owner that each subsequent violation during the same year for which the initial notice to correct violation was provided may be abated by the town or its contractors.
(C) Collection of cost of abatement and lien.
(1) Collection. If the town abates the violation, the Clerk-Treasurer shall notify the owner of the actual costs of abatement, and the amount of the administrative fee. If the owner fails to pay the costs and fee within 30 days, the Clerk-Treasurer shall certify the unpaid amount to the County Auditor, plus any additional administrative costs incurred in the certification.
(2) Lien. The County Auditor shall place the total amount certified on the real estate tax duplicate for the property affected. The County Treasurer shall collect the amount certified as delinquent taxes and disperse the funds collected to the town’s general fund.
(3) Appeal of fine or costs. Within 7 days of receiving from the town a notice of fines and expenses due, the owner may file an appeal of the town’s determination by filing with the Town Council a written notice of appeal. If the owner fails to appeal, he or she waives the right to contest the amount claimed due by the town. The appeal process shall be the same process provided for in this section for appeals of the town's determination of a violation.
(Ord. 823, passed 8-23-1966; Am. Ord. 11-2018, passed 7-17-2018)
Statutory reference:
For similar state law, see I.C. 36-7-10.1-3