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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)
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
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)
(A) (1) The Town Manager, or a designated employee, will determine after the expiration of the aforementioned five day notice if there has been compliance with the Notice of Violation to abate the nuisance. If the property owner so served does not abate the nuisance and fails to remove the specified weeds, grass, detrimental plants or other rank or noxious vegetation on their property within the aforementioned five days, the town shall have the right to cut and remove the weeds, grass, detrimental plants or other rank or noxious vegetation specified in the Notice of Violation.
(2) The Town Manager, or designated employee, shall cause the cutting and removal of such to be done and forward information to the Clerk-Treasurer of the town for preparation of a certified statement of the actual costs incurred for such cutting and removal by the town, either by using its own employees or an independent contractor.
(B) Thereupon the Clerk-Treasurer shall have the statement delivered to the property owner by the town's law enforcement department or by certified or registered mail addressed to the property owner's address shown on the records of the Wayne County Treasurer.
(C) In the event the property owner disputes the Notice of Violation issued under this chapter or a certified statement of the cutting and removal costs, such property owner may file a written appeal with the Town Council for rescission or adjustment of such notice or certified statement within five days after the date of such notice or certified statement.
(D) Upon failure of the property owner to pay the certified statement issued under this chapter within ten days as set forth in this chapter, the Clerk-Treasurer shall file a certified copy of the statement of actual costs for the cutting and removal of such vegetation with the Office of the Wayne County Auditor for placement of the amount due upon the tax duplicate of the property owner for the collection as delinquent taxes are collected and disbursed to the general fund of the Town of Hagerstown as provided by I.C. 36-7-10.1-4.
(Ord. 3-1998, passed 6-15-1998; Am. Ord. 3-2007, passed 5-7-2007; Am. Ord. 12-2009, passed 11-17-2009)