(A) The Department of Engineering, Traffic and Inspection Services of the city, acting through its Director, or the Director's designee, shall be responsible for the administration of this section.
(B) For the purposes of this section, a "weed" shall be defined as including any deleterious, unhealthful or noxious vegetative growth found growing within the city; or any tree, grass, shrub, flower, or vine; which, from an aesthetic or functional viewpoint, is incompatible with vegetation found in the vicinity, or which presents a danger to public health and safety, or which create by their presence a nuisance to surrounding properties.
(C) For the purposes of this section, "rank vegetation" shall include any vegetative growth found growing profusely and unmanageably in excess of the height restrictions herein provided.
(D) For the purpose of this section, agricultural crops, including hay and pasture, shall not be considered as weeds or other rank vegetation.
(E) For the purposes of this section, "owner" or "landowner" shall mean that individual, corporation, partnership, or other entity, recorded in the records of the Auditor of Howard County as the owner of record for the purpose of being responsible for the payment of property taxes upon the real estate where weeds or rank vegetation are found to exist.
(F) Violation of this section shall occur when weeds or rank vegetation in a given location are found to exist in an average height in excess of eight inches.
(G) Owners of real property within the city are required to cut and remove weeds and other rank vegetation growing upon their property. The owner's responsibility shall not be extinguished by reason of real property being occupied by tenants.
(H) (1) Should the owner fail to cut and remove such weeds and rank vegetation, or fail to cause such cutting and removal to be accomplished, and should such weeds and rank vegetation exceed the height restriction set out in division (E) above, the Department shall issue a written notice to the owner ordering such cutting and removal. Such notices shall be served upon the landowner by sending such notice to the landowner by certified mail, first class mail or the equivalent service permitted under I.C. 1-1-7-1 addressed to the owner's last known address by a sworn officer of the city. The notice shall specify the vegetation to be removed and shall establish time parameters for completion of the cutting and removal. In no case shall the time allowed to bring the property into compliance be less than five days from the date upon which the notice is mailed.
(2) If an initial notice of the violation of this section was provided by certified mail, first class mail or equivalent service the city may also include a continuous abatement notice posted at the property at the time of abatement instead of requiring additional notice by certified mail. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the city or its contractors.
(I) If the landowner fails to cut and remove the vegetation within the time prescribed in the written notice, the city, or contractors under contract to the city to provide cutting and removal services, may enter upon real property to abate the violations of this section found to exist upon the real property, as described in the notice letter previously issued.
(J) In cases where cutting and removal of weeds or other rank vegetation is accomplished by the city, or by contractors under contract to the city, the department in charge of administering this section shall make a certified statement of the actual cost incurred by the city to abate the violation. Such costs may include charges for the removal and for administrative costs related thereto. The statement shall be delivered to the owner of the property by certified mail, addressed to the landowner's last known address, and the owner shall pay the amount so charged to the office of the City Controller.
(K) If the landowner fails to pay the amount within ten days after receiving the statement of costs referenced in division (J) above, the Department shall certify to the county auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the city. If the property being abated is located in a Special Flood Hazard Area, as defined in § 159.03, then the department shall, after unsuccessfully collecting two consecutive statements under division (J) above, retain full discretion as to whether to certify to the county auditor the costs incurred for abating the nuisance.
(L) Should any notice or statement required to be served upon a landowner by certified mail under this section be returned as undeliverable or refused, the city may cause the same to be served by a law enforcement officer of the city, who shall make his/her return upon such service. The provisions for service of required notices and statements set out in this division are supplemental to the provisions set out elsewhere in this section, and are intended to authorize the use of personal service at the city's option where reason exists to believe that personal service may be achieved on the landowner after service by mail has proved to be unsuccessful. Nothing in this division shall be construed as requiring the city to attempt such service as a precondition to abating the violation, provided that the attempt to make service by certified mail has been made.
(Ord. 5825, passed 6-8-92; Am. Ord. 6073, passed 12-8-97; Am. Ord. 6580, passed 4-27-09; Am. Ord. 6751, As Amended, passed 4-28-14) Penalty, see § 95.99