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Violations of § 98.01(C) shall be addressed as follows.
(A) Graffiti. Upon receiving a report or other notice of the existence of graffiti on private property in violation of the requirements of § 98.01(A)(7), the Police Department shall notify the owner and persons known to have a substantial interest in the property, in writing sent by certified mail, return receipt requested, together with a copy sent via first class mail, and demand that:
(1) The owner abate the graffiti within ten days of the date of such notice at the owner's sole expense; or
(2) The owner sign and return a waiver of liability to the Board within ten days of such notice permitting the city to abate the graffiti at no cost to the owner.
(B) (1) Weeds and rank vegetation. When a violation of the requirements of § 98.01(A)(22) is found to exist, the Police Department shall serve written notice to abate upon owner at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, granting a minimum of five calendar days to abate the nuisance, by:
(a) Certified mail, return receipt requested, together with a copy sent via first class mail;
(b) First class mail; or
(c) Utilizing an equivalent service permitted under I.C. 1-1-7-1, to:
1. The owner of record of real property with a single owner; or
2. At least one of the owners of real property with multiple owners.
(2) That notice shall contain:
(a) The address and telephone number of the Police Department;
(b) The penalty for failure to abate the nuisance; and
(c) A conspicuous notification that if the weeds, grass or rank vegetation are not abated within five calendar days of that notice, the city may abate the nuisance and seek recovery of its costs.
(C) All other public nuisances. When any other public nuisance, as defined in § 98.01, excluding those public nuisances addressed in divisions (A) or (B) above, is found to exist, the Police Department shall notify the owner and persons known to have a substantial interest in the property by certified mail, return receipt requested, together with a copy sent via first class mail, to abate the public nuisance. The notice shall state the following:
(1) The nature of the nuisance;
(2) The penalty for failure to abate; and
(3) The period of time allowed to abate, which, pursuant to I.C. 36-1-6-2, shall not be less than ten days nor more than 60 days.
(1) Solid waste which could spread if not removed; or
(2) Dangerous items which pose a harm to the public.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 3-C-13, passed 7-9-13)
(A) Graffiti. The Police Department may cause to be issued a citation consistent with the penalty provisions of § 98.99 if an owner fails to either:
(1) Abate the graffiti within ten days of being notified;
or
(2) Sign and return a waiver of liability within ten days of such notice.
(D) Habitual violations. Whenever the Police Department determines that the owner has committed a habitual offense a citation may be issued to that owner assessing a penalty of $250 for each habitual offense in addition to the notice of violation. The citation for a habitual violation shall not alter the time afforded the owner to abate the nuisance prior to the city abating the nuisance conditions pursuant to § 98.05 and assessing the costs pursuant to § 98.06.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 4-C-17, passed 4-11-17)
(A) If:
(2) After providing the notice pursuant to § 98.03, an appeal has been made pursuant to § 98.07 and considered by the Board and the Board has so directed; or
(3) A nuisance exists which creates a safety or health hazard requiring immediate abatement in order to protect public safety or health pursuant to § 98.03(D); the city, in its sole discretion, may act to abate that nuisance. The city may abate the nuisance in addition to the issuance of a citation pursuant to § 98.04.
(B) Continuous abatement order for weeds and rank vegetation violations. If the initial notice required under § 98.03(B) was provided by certified mail, return receipt requested; first class mail; or an equivalent service permitted under I.C. 1-1-7-1, at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, then a continuous abatement notice may be posted at the property at the time of abatement, which will serve as notice to the owner that each subsequent violation during the same calendar year for which the initial notice of violation was provided may be abated by the city without any additional notice to the owner, at the owner's expense, as provided in § 98.06, to:
(1) The owner of record of real property with a single owner; or
(2) At least one of the owners of real property with multiple owners;
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 3-C-13, passed 7-9-13)
(A) Notice of costs. Upon completion of abatement by the city, its agents or contractors, a statement of costs shall be furnished to the Board. Thereafter, the Violations Clerk (§ 36.01) shall issue a bill to each person required to be provided a notice under § 98.03 for such abatement costs, including any administrative costs. That bill shall be delivered by certified mail, return receipt requested, together with a copy sent via first class mail, both sent to the owner's address as it appears in the records of the County Auditor. The owner shall pay the amount of the bill to the Violations Clerk within 30 days of the date of that notice, unless within that 30-day period the owner notifies the Violations Clerk in writing of any objection to that bill (§ 98.07(C)).
(B) Lien for unpaid abatement costs.
(1) If that 30-day period has expired and either:
(a) No timely objection to the bill has been made; or
(b) The Board has disallowed any timely objection, and the bill is not paid in full, the Violations Clerk shall prepare an instrument for each lot or parcel of real property on which the costs are delinquent. Said instrument shall specify the following:
1. The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;
2. A description of the premises, as shown in the records of the County Auditor; and
3. The amount of the delinquent costs and the penalty.
(2) The Violations Clerk shall record a copy of each list or each instrument with the County Recorder, who shall charge a fee for recording the list or instrument under the fee schedule established in I.C. 36-2-7-10 and the amount of a lien shall be placed on the tax duplicate by the County Auditor. The total amount, including any accrued interest, shall be collected in the same manner as delinquent taxes are collected and shall be disbursed to the general fund of the city.
(C) Lien unavailable. Abatement costs shall not be enforceable as a lien against a subsequent owner of property unless the lien for the delinquent costs and penalty was recorded with the County Recorder before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the city shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount due may be considered a bad debt loss.
(Ord. 2-C-13, passed 2-26-13)
(A) Appeal of notice of violation. Within the time period specified for the notice provided pursuant to § 98.03, an owner and/or persons known to have a substantial interest in the property may notify the Violations Clerk (§ 36.01) in writing of any specific objection to that notice. No further abatement action shall be taken by the city until the Board acts on the timely filed objection.
(B) Appeal of emergency exception citation. In the event that the city abates a nuisance pursuant to § 98.03(D), an owner or persons known to have a substantial interest in the property affected by the city's action may appeal the citation and abatement costs to the Violations Clerk within 45 days of the date of the citation.
(C) Abatement costs. Within the 30-day period specified in the notice of costs provided pursuant to § 98.06(A), the owner and/or persons known to have a substantial interest in the property may notify the Violations Clerk in writing of any objection to that bill. No further abatement action shall be taken by the city until the Board acts on the timely filed objection.
(Ord. 2-C-13, passed 2-26-13)
NATURALIZED LANDSCAPE
(A) An owner may maintain a naturalized landscape on property when a land management plan has been approved by the Plan Commission. Application for a land management plan shall be made with the Community Development and Redevelopment Department (“Department”).
(B) A land management plan shall include the following information:
(1) Statement of intent and purpose for the property;
(2) Site plan of the property showing all buildings, paved areas, and location of all existing and proposed landscaping;
(3) General description of the vegetation types proposed; and
(4) Statement of the management and maintenance techniques to be used.
(C) Proposed land management plans will be reviewed and evaluated based upon the following criteria:
(1) Compatibility with adjacent properties and street and alley right-of-way;
(2) Preservation of existing plant communities;
(3) Re-establishment of native plant communities;
(4) Limitation of the area of lawn grass;
(5) Landscaping and site development which retains storm water run-off;
(6) Utilization of plant materials which are well suited to the characteristics of the property; and
(7) Elimination of weeds and rank vegetation.
(D) When an application for a naturalized landscape has been made, the Department shall schedule a public hearing before the Plan Commission and notify by mail all property owners who adjoin, or are within 400 feet of, the subject parcel. The Department may reasonably require mail notice to be given to additional persons. Notice of the public hearing shall be published at least ten days before the date of the hearing. The applicant shall pay all publication and notification costs.
(E) A land management plan may be modified or revoked, after notice and hearing before the Plan Commission, for failure to adhere to the criteria listed in division (C) above and any conditions placed upon the property by the Plan Commission during the approval process.
(F) A land management plan may be modified or revoked, after notice and hearing before the Plan Commission, upon petition executed by three or more property owners entitled to mail notice set forth in division (D), upon a showing by said property owner that there has been a failure to adhere to the criteria listed in division (C) above or any conditions placed upon the property by the Plan Commission during the approval process, or upon a showing that:
(1) The land management plan will be injurious to the public health, safety, morals or general welfare of the community or neighborhood; or
(2) The use and value of the area adjacent to the property or within a sight line to the land management plan area will be affected in a substantially adverse manner.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 20-C-14, passed 7-29-14)
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