For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word "shall" will be mandatory and not merely directory.
AUTHORIZED EMPLOYEE. An individual designated to make environmental public nuisance inspections or any individual(s) of any governmental department of the city, which department has been designated by the Mayor to enforce this subchapter.
CITY. The City of Marion.
ENVIRONMENTAL PUBLIC NUISANCE. Any of the following constitute an environmental public nuisance.
(1) Any growth of weeds, grass or other rank vegetation on private or governmental property which is neglected, disregarded or not cut, mowed, or otherwise removed and/or which has attained a height of nine inches or more;
(2) Any accumulation of dead weeds, grass, brush, trees or woody growth 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; or
(4) Any vegetation, trees or wood growth on private property which due to its proximity to any governmental property, right-of-way or easement interferes with the public safety or lawful use of the government property, right-of-way or easement or which has been allowed to become a health or safety hazard.
EXCLUDED PROPERTY. Any of the following may constitute excluded property;
(1) Land cultivated in a commercial, domestic, agricultural or horticultural zone;
(2) An existing natural or developed forest which does not create a health or safety hazard;
(3) Vacant open lands, fields or wooded areas more than 150 feet from occupied property;
(4) A nature habitat area more than 150 feet from an occupied structure on adjacent property and determined not to be a health or safety hazard; or
(5) A wetland area designated by the United States Department of Interior Fish and Wildlife Division on a National Wetlands Inventory Maps.
GOVERNMENTAL PROPERTY. Real estate within the city which is owned, leased, controlled or occupied by the United States, the State of Indiana, or any political subdivision thereof; excluding areas such as interior fields, river bank properties and wooded lots which are maintained as natural sites by and such political entity.
OFFICER. An employee of the Code Enforcement Department or any other governmental department of the city, so designated by the Mayor having law enforcement powers to issue city ordinance
violation summons in order to enforce the provisions of this subchapter.
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;
(2) The record owner or owners as reflected by the most current records in the township assessor's 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.
TRAFFIC HAZARD. Any environmental public nuisance that is potentially dangerous to the existing traffic at the intersection in question, as it may block or prohibit the view of any oncoming traffic.
WEEDS and RANK VEGETATION. Any plant which grows where it is not wanted.
(Ord. 10-2005, passed 4-5-2005)