(A) Owners of real property located within the corporate limits of the city shall cut and remove weeds and other rank vegetation growing or remaining on such property, including lots, parcels, or tracts of land, fence lines, building lines, street parkways, improved sidewalks, and along alleys.
(B) The Building Commissioner and his or her deputies and/or designees shall be responsible for the administration of this section.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTINUOUS ABATEMENT NOTICE. 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 city or its contractors. A CONTINUOUS ABATEMENT NOTICE may be posted at the property at the time of abatement instead of by first class mail as required by division (E) below.
IMPROVED SIDEWALKS. Sidewalks abutting any lot or land of an owner or occupant.
RANK VEGETATION. Vegetation growing with excessive luxuriance and vigor which is at least six inches or higher and/or overgrown bushes, trees, shrubs, and the like and may also be defined as dead bushes, trees, shrubs, and/or weeds.
STREET PARKWAYS. The planted area between the curb and sidewalk directly adjacent to a property.
WEEDS. Grass and other undesirable, unattractive, or unattended vegetation that are six inches or higher.
(D) (1) Weeds and other rank vegetation subject to removal under this code provision shall be those which are six inches high or higher.
(2) All trash and debris discovered when removing weeds and other rank vegetation must be removed at the time of mowing.
(3) All cut weeds and other cut rank vegetation left on sidewalks and/or streets must be removed and properly disposed of.
(E) (1) Any property owner who fails to remove weeds and other rank vegetation, as defined herein shall be deemed to be in violation of this section and maybe issued a continuous abatement notice as set forth in this section.
(2) Notice of violation by the Building Commissioner shall be mailed to the property owner’s address shown on the records of the County Auditor by the method required by I.C. 36-7-10.1-3, or an equivalent service permitted under I.C. 1-1-7-1, to the owner of record of real property with a single owner or to 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 County Auditor on the date of the notice.
(3) One letter within a calendar year shall be deemed sufficient notice for each and every lot, parcel, and lands owned by the offender within the corporate limits of the city in case of party’s failure to comply with the terms of this section.
(4) The city shall have the right to cut and remove weeds and rank vegetation upon the property owner’s failure to do so within five days after the mailing of notice of violation.
(5) (a) A continuous abatement notice may be posted at the property at the time of abatement in the event the city initially gives notice to the property owner as required by I.C. 36-7-10.1-3.
(b) Said continuous abatement notice shall serve as notice to the real property owner that each subsequent violation during the same calendar year for which the initial notice of the violation was provided may be abated by the city or its contractors.
(F) (1) (a) The Building Commissioner shall issue a bill to the property owner at the address shown on the records of the County Auditor.
(b) The bill shall include the actual cost incurred by the city either by using its own employees or an independent contractor plus administrative costs.
(2) (a) Administrative costs in an amount as set by the city from time to time shall be charged for the first cut order during a calendar year.
(b) Second and subsequent cut orders during a calendar year shall include the administrative cost of an amount as set by the city from time to time.
(G) In the event a property owner disputes a notice of violation issued under division (E) above or a bill issued under division (F) above, such property owner may file a written appeal with the Board of Public Safety for rescission or adjustment of such notice or bill within 14 days after the date of such notice or bill.
(H) (1) If the property owner fails to pay a bill under division (F) above within ten days, the Building Commissioner shall certify to the Lake County Auditor the amount of the bill plus an additional administrative cost as referenced under division (F) above incurred in the certification.
(2) The County 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 shall be disbursed to the Unsafe Building Fund of the city as provided in I.C. 36-7-10.1-4.
(Prior Code, § 93.085) (Ord. 16-0011, passed 10-24-2016)