For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ALLEY. A right-of-way other than a street, road, crosswalk or easement, designed for the special accommodation of the property it reaches.
   AUTHORIZED EMPLOYEE. An individual designated to make environmental public nuisance inspections, by the Department of Neighborhood Code Compliance or the head of any governmental department of the City, which department has been designated by the Mayor to enforce this chapter.
   CITY. The City of Fort Wayne.
   CONTRACTOR. A person, company, or other entity who enters into a contract, or is directed to provide materials and labor to perform a service or do a job as requested by Neighborhood Code Compliance or any other City department.
      (1)   Any growth of weeds, grass or other rank vegetation on private or governmental property which is neglected, disregarded or not cut, mown, or otherwise removed and/or which has attained a height of nine inches or more.
      (2)   Any accumulation of dead weeds, grass or brush on private or governmental property.
      (3)   Any poison ivy, ragweed or other poisonous plant, or plants detrimental to health, growing on any private or governmental property.
      (4)   Property which has been allowed to become a health or safety hazard, or which has accumulated litter or waste products, unless specifically authorized under existing laws and regulations.
      (1)   All land which is cultivated for gross profit in compliance with the Fort Wayne Zoning Ordinance.
      (2)   A natural or developed forest which does not create an unusual threat to health or safety for adjacent landowners.
      (3)   Vacant, open, or undeveloped lands or fields which are located more than 300 feet from a property within commercial, shopping center, manufactured housing, or industrial zoning districts.
      (4)   Vacant, open, or undeveloped property, or any part thereof, which is located more than 150 feet from structure within a residential zoning district, and which is not located within a front yard or side yard directly abutting a public street.
   GOVERNMENTAL PROPERTY. All real estate within the City which is owned, leased, controlled or occupied by the United States, the state, or any political subdivision thereof, excluding however, areas such as interior fields, river bank properties, wooded lots that are maintained as natural sites by such political entity and all areas within public rights-of-way located between the curb or edge of the public street, roadway, highway, or alley and the adjacent private property.
   INSPECTOR. An employee of Neighborhood Code Compliance or any other City department, so designated by the Mayor who cites City ordinance violations in order to enforce the provisions of this chapter.
   OWNER. The word, OWNER, shall be presumed to be any one or more of the following:
      (1)   The owner or owners in fee simple of a parcel of real estate including the life tenant or tenants if any; or
      (2)   The record owner or owners as reflected by the most current records in the township assessors’ office of the township in which the real estate is located; or
      (3)   The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.
   PRIVATE PROPERTY. All real estate within the City except governmental property, including all real estate within right-of-way.
   RIGHT-OF-WAY. A general term denoting real estate acquired for or devoted to construction of a highway, road or street that will include the travelled way, shoulders, roadsides, auxiliary lanes, medians, border areas, park strips, sidewalks, curbs, gutters, and frontage roads. This can also include but not limited to "paper streets" and "paper alleys," which have been platted by the original development but not improved.
   TRAFFIC HAZARD. Any environmental public nuisance that is potentially dangerous to the existing traffic at an intersection in question, as it may block or prohibit the view of any oncoming traffic. This includes traffic hazards which might be found in alleys. That would be an environmental public nuisance that either impedes the flow of traffic or pedestrians in the alley or creates a dangerous condition to traffic in the alley. This vegetation will be deemed to impede traffic when it grows into the alley beyond the utility poles. If the Inspector finds a violation pursuant to such definition of traffic hazard, he or she shall find it necessary to waive the five day grace period and abate the problem as soon as possible.
   WEEDS OR OTHER RANK VEGETATION. Includes the following:
      (1)   Canada thistle (Cirsium arvense);
      (2)   Johnson grass and Sorghum alumum (Sorghum halepense);
      (3)   Bur cucumber (Sicyos angulantus);
       (4)   Shattercane (Sorghum bicolor);
      (5)   Purple loosestrife;
      (6)   Multiflora rose;
      (7)   Garlic Mustard;
      (8)   Ragweed;
      (9)   All other plants which are poisonous or detrimental to human health or which may be determined to be noxious by the Indiana legislature or by rule of the Indiana Department of Natural Resources or Indiana Department of Agriculture; and
      (10)   Grass in excess of nine inches tall excluding ornamental grasses.
(‘74 Code, § 32-2) (Ord. G-09-88, passed 5-24-88; Am. Ord. G-06-92, passed 2-20-92; Am. Ord. G-11-02, passed 4-23-02; Am. Ord. G-19-23, passed 7-11-23; Am. Ord. G-14-24, passed 6-11-24)