CHAPTER 99: NUISANCES

Section

   99.01   Definitions

   99.02   Growth of certain vegetation restricted

   99.03   Notice of violation

   99.04   Failure to abate nuisance; cost of removal; lien

§ 99.01 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   GRASS. The ornamental and/or environmental growth of plants having the slender leaves characteristic of the grass family and used to cover an expanse of land such as a lawn and is the primary ground cover for the expanse of land. Common names of grass may be, but are not limited to, bluegrasses, fescues, and ryegrasses.

   NOXIOUS. Harmful to living things or injurious to health or having the potential to do so.

   RANK VEGETATION. Vegetation that is ill smelling, fetid, malodorous, or noxious.

   WEED. A plant commonly considered to be undesirable, unattractive, or troublesome, especially when growing where it is not wanted.

(Ord. 3-1998, passed 6-15-1998)

§ 99.02 GROWTH OF CERTAIN VEGETATION RESTRICTED.

   It shall be unlawful and in violation of this chapter for any property owner to permit weeds, grass, or other rank or noxious vegetation as defined in this chapter to grow to a height exceeding 12 inches on their real estate located within the geographic limits of town, and the vegetation exceeding the height are hereby declared to be a nuisance. Any property owner who fails to remove the weeds, grass, or other rank vegetation shall be deemed in violation of this chapter.

(Ord. 3-1998, passed 6-15-1998) Penalty, see § 10.99 

§ 99.03 NOTICE OF VIOLATION.

   Notification in writing of a property in violation of this chapter will be given to the Town Manager, or designated employee, by any town employee or private citizen. The Town Manager will cause a view of the property to be made by a designated employee. Upon verification of the offense, the Town Manager, or designated employee, will inform the Clerk-Treasurer of the property in violation. Upon receipt of the notice from the Town Manager, the Clerk-Treasurer of the town shall issue a five-day Notice of Violation in writing to any property owner in violation of this chapter. The issuance of one Notice of Violation to a property owner in violation of this chapter in a calendar year shall serve as notice for that property for the full calendar year. In the event that the property owner resides within the corporate limits of the town, the Notice of Violation shall be served by:

   (A)   An officer of the town’s law enforcement department upon the property owner; or

   (B)   By certified or registered mail addressed to the property owner’s address as shown on the records of the Wayne County Treasurer’s Office, Wayne County, Indiana. In the event the property owner does not reside within the corporate limits of the town, to the best knowledge of the town, the Notice of Violation shall be served by certified or registered mail addressed to the property owner's address as shown on the records of the Wayne County Treasurer’s Office, Wayne County, Indiana. The Notice of Violation shall demand the abatement of the nuisance and removal of the weeds, grass, detrimental plants or other rank or noxious vegetation, as specified in the Notice of Violation, by the property owner within five days from the date of service of the Notice of Violation if by personal service or five days from the date of mailing the Notice of Violation, whichever is applicable.

(Ord. 3-1998, passed 6-15-1998; Am. Ord. 3-2007, passed 5-7-2007; Am. Ord. 12-2009, passed 11-17-2009)