(A) No property owner may permit weeds or rank vegetation to grow to a height greater than six inches.
(B) The Town Manager or his or her designated representative shall notify any property owner in violation of division (A) of this section that he or she has five days after receipt of the notice to comply. Notice may be served by certified mail or the Town Marshal may personally serve the property owner or post the notice at the entranceway to the structure or property.
(C) If the property owner fails to comply within five days after service, the town may enter the property between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, and cut and remove weeds and rank vegetation by contract or with town employees and bill the property owner for the cost thereof, including administrative costs.
(D) The bill shall be served on the property owner in the same manner as the original notice and shall be paid by him or her to the Clerk-Treasurer within ten days after service. Upon failure to make timely payment, the Clerk-Treasurer shall certify to the Hancock County Auditor the amount of the bill and, pursuant to I.C. 36-7-10.1-4, request that such amount be placed on the tax duplicate of the affected property and be collected in the same manner as delinquent taxes.
(E) If the Town Manager or his or her designated representative shall serve a subsequent notice of violation, the property owner shall be deemed a repeat offender and the property will be maintained by contract or with town employees and bill the property owner for the cost thereof including administrative fees.
(F) A property owner may appeal a notice of violation under division (A) of this section within five days of receipt and may appeal the billing under divisions (C) and (D) within ten days of receipt. All appeals shall be to the Circuit, Superior or Superior II Courts of Hancock County.
(G) Weeds and rank vegetation include all plant life except:
(1) Trees;
(2) Bushes; and
(3) Flowers, vegetables, and ornamental grasses or plants that are cultivated and separated from other plant life.
(Ord. 1992-5A, passed 5-12-92; Am. Ord. 2002-6C, passed 6-25-02)