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§ 95.045 WEEDS TO BE REMOVED.
   (A)   It is unlawful for the owner of real estate in the city, to maintain and permit to grow weeds, sumac, black locust and rank vegetation.
   (B)   It is the duty of all owners of real estate within the city to cause weeds, sumac, black locust and rank vegetation grown upon their premises to be cut, hauled away or destroyed on or before May 15 of each year, and again on or before June 15 of each year, and again on or before July 15 of each year, and again on or before September 1 of each year.
(1979 Code, § 95.20) (Ord. 3794, passed 4-20-1987) Penalty, see § 95.999
§ 95.046 FAILURE OF OWNER TO REMOVE.
   (A)   Upon default of any owner of real estate to cut and destroy or haul away any weeds, sumac, black locust or rank vegetation, or cause this to be done, as provided in § 95.045 above, it shall be the duty of the Street Commissioner to notify the owner giving him or her 5 days to cause this work to be done. If the owner fails to cause the work to be done, the Street Commissioner or his or her designee is hereby empowered to enter upon the premises or property in violation and may thereupon cause all weeds, sumac, black locust and rank vegetation to be cut and destroyed or hauled away.
   (B)   (1)   The Street Commissioner shall keep an accurate account of the expense thereof which shall be mailed as a bill to the owner, which bill is to be paid by the owner to the city at the City Controller’s office. A copy of Ord. 3794 (upon which this subchapter is based) shall be included with the billing.
      (2)   If the expense is not paid to the city within 60 days from the date of the billing, the expense shall become a lien on the property, shall be placed on the duplicate and be collected as taxes are collected, and shall be turned in to the City Treasurer.
(1979 Code, § 95.21) (Ord. 3794, passed 4-20-1987) Penalty, see § 95.999
ABANDONED VEHICLES
§ 95.060 DEFINITIONS.
   (A)   As used in this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ABANDONED VEHICLE.
         (a)   A vehicle located on public property illegally;
         (b)   A vehicle left on public property without being moved for 3 days;
         (c)   A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way;
         (d)   A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours;
         (e)   A vehicle from which the engine, transmission or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property;
         (f)   A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than this chapter, if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days after the vehicle’s removal;
         (g)   A vehicle that is at least 3 model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days; or
         (h)   Any other definition that may be adopted by the Indiana State Legislature by amending, repealing, recodifying and/or replacing I.C. 9-13-2-1 (defining “abandoned vehicle”).
      DEPARTMENT. The City Police Department.
      BUREAU. The Indiana Bureau of Motor Vehicles.
      HEARING OFFICER. The Equal Opportunity Officer or other designated city employee.
      MECHANICALLY INOPERABLE. A vehicle from which there has been removed the engine, transmission or differential, or that is otherwise partially dismantled or that is not mechanically fit or able to be driven upon the public streets under its own internal power system.
   (B)   Other terms appearing in this chapter that are contained in I.C. 9-13-2 are adopted by reference as if fully set out herein.
(1979 Code, § 95.25) (Ord. 3488, passed 10-17-1983; Am. Ord. 4788, passed 12-8-2003)
§ 95.061 REMOVAL AND DISPOSAL OF ABANDONED VEHICLES.
   The Police Department of the city is designated and assigned as the public agency with local responsibility for the removal, storage and disposal of abandoned vehicles and vehicles’ parts within the corporate limits of the city, pursuant to I.C. 9-22-1 as amended. The Department is granted all powers reasonable and necessary for the performance of its responsibilities under this chapter.
(1979 Code, § 95.26) (Ord. 3488, passed 10-17-1983)
§ 95.062 ABANDONED VEHICLE FUND.
   (A)   There is created the Abandoned Vehicle Fund which shall be a revolving fund, and all monies paid to the city for the cost of removal, storage and disposal of abandoned vehicles shall be placed in the fund and in no other place. Monies in existing accounts designated for the removal, storage and disposal of abandoned or junk vehicles under previously enacted ordinances shall be transferred to the abandoned vehicle fund created herein. The Fund shall also have added to it such monies as may be appropriated by the Council.
   (B)   The costs of removal and storage of an abandoned vehicle or parts not claimed by the owner or lienholder shall be paid from the Abandoned Vehicle Fund. The proceeds of sale of an abandoned vehicle or parts by the Police Department in accordance with § 95.065(B) and (C) shall be credited against all costs and shall be incident to the removal, storage and disposal of the vehicle. All monies remaining in the fund at the end of each year shall remain in the Fund and shall not revert to the General Fund.
   (C)   The monies in the fund shall be expended and used only for the purposes enumerated in I.C. 9-22-1, providing for the disposal of abandoned vehicles.
(1979 Code, § 95.27) (Ord. 3488, passed 10-17-1983)
§ 95.063 REMOVAL PROCEDURE.
   (A)   An officer who finds a vehicle or parts believed to be abandoned, a traffic hazard or a vehicle parked in violation of a traffic ordinance shall do the following: The police officer shall identify the vehicle or parts to be removed and classify the vehicle or parts as abandoned, a traffic hazard or a vehicle parked in violation of a traffic ordinance.
   (B)   If the vehicle or parts are classified as “abandoned,” the police officer shall attach in a prominent place on the vehicle or parts a notice tag which shall constitute service of notice to the vehicle owner.
   (C)   The notice placed on the vehicle or parts shall contain the following information:
      (1)   The date, time, officer’s name, public agency and address and telephone number to contact for information;
      (2)   That the vehicle or parts are considered abandoned;
      (3)   That a hearing will be held within 48 hours regarding the towing of this vehicle or parts;
      (4)   The date, time and place of the hearing; and
      (5)   That the owner may avoid a hearing, towing and storage charges by removing the vehicle or parts prior to the date of the hearing and notifying the appropriate agency of the removal.
   (D)   If the vehicle or parts are classified as a traffic hazard or a traffic violation, or if any other emergency exists requiring immediate removal of the vehicle, the vehicle or parts can be summarily towed or removed. Where the owner is identified, the police officer shall immediately serve a notice of hearing concerning the towing or removal of the vehicle or parts that shall be held within 48 hours of service of notice. Where the owner is not identified, the police officer shall conduct a reasonable search for the owner. Once the owner is identified, the officer shall issue notice to the owner and a hearing shall be held within 48 hours of service of notice. The notice shall state:
      (1)   The date, time, officer’s name, public agency and address and telephone number to contact for information;
      (2)   That the vehicle or parts are considered a traffic hazard or parked in violation of a traffic ordinance;
      (3)   That the vehicle or parts have been towed or removed and the location of the vehicle or parts;
      (4)   That a post-tow hearing shall convene within 48 hours regarding the towing of this vehicle and the charges therefor;
      (5)   The date, time and place of the post-tow hearing;
      (6)   That the owner may reclaim the vehicle or parts prior to the hearing if the owner posts bond in an amount equal to the towage and storage fees; and
      (7)   That the owner must pay towing and storage fees if the hearing officer finds in favor of the municipality. The owner will not be required to pay any charges and any bond will be refunded if the hearing officer finds in favor of the owner.
   (E)   If the owner fails to appear at the time and place specified, or if the owner appears and fails to establish non-violation of this chapter, the following may occur:
         (1)   The police officer shall prepare a written abandoned vehicle report of the vehicle or parts including information on the condition, missing parts and other facts that might substantiate that the market value is less than $100. Photographs shall be taken to describe the condition of the vehicle or parts. At the hearing, the owner may present evidence on the value of the vehicle.
         (2)   If, in the opinion of the hearing officer, the market value of the abandoned vehicle or parts is less than $100, the police officer shall, after the expiration of 5 calendar days from the date the notice is placed on the vehicle pursuant to division (D)(2), dispose of the vehicle to an automobile impound. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the Bureau. The Police Department shall retain the original records and photographs for at least 2 years.
         (3)   If, in the opinion of the hearing officer, the market value of the abandoned vehicle or parts is $100 or more, the police officer shall, after the expiration of 5 calendar days from the date the notice is placed on the vehicle pursuant to division (D)(2), require the vehicle or parts to be towed to a storage area.
(1979 Code, § 95.28) (Ord. 3488, passed 10-17-1983)
Statutory reference:
   Abandoned vehicle removal procedure, see I.C. 9-22-1
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