§ 90.057 REQUIREMENT TO CUT.

   All owners of real property located within the town shall cut and remove weeds and other rank vegetation growing thereon that exceeds an average height of six inches, and shall keep their property clear of debris.

(Ord. 7-11-05-1, passed 8-8-2005) Penalty, see § 90.999

Statutory reference:

   Removal of weeds and rank vegetation, see I.C. 36-7-10.1-3 et seq.

§ 90.058 VIOLATION NOTICE.

   In the event of a violation of this subchapter, the Town Manager and/or his or her designee, or an officer of the Police Department shall issue a written notice (violation notice) to the violating landowner. The violation notice shall identify the violation and order the landowner to correct the same within seven calendar days from the date on which the violation notice is served on the landowner (abatement period). Only one notice of noncompliance is required to be given each calendar year. The town may enact any legal remedies to correct any subsequent violations without notice. Personal service, service by U.S. certified mail or any other manner of service recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the landowner for purposes of this section.

(Ord. 7-11-05-1, passed 8-8-2005; Ord. 2021-11-2, passed 12-13-2021)

§ 90.059 APPEAL.

   Any violation notice issued pursuant to this section may be appealed to the Town Council if written notice of appeal is served on the landowner. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the Town Council.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.060 TOWN TO ABATE.

   If the landowner fails to timely abate each violation set forth in a violation notice, the landowner shall be deemed to have granted permission to the town to enter the landowner's property at any reasonable time for the limited purpose of cutting and/or removing the debris, weeds or rank vegetation located thereon and identified in the violation notice. In such case, the Town Manager, or his or her designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the town in taking the action, and serve a copy of the invoice on the landowner. The landowner shall, within seven calendar days from the date on which the landowner is served with the invoice (payment period), pay in full the amount stated thereon to the Clerk/Treasurer.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.061 APPEAL OF COSTS.

   Any invoice issued pursuant to this section may be appealed to the Town Council if written notice of appeal is served on the Clerk/Treasurer within seven calendar days from the date on which the invoice is served on the landowner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the Town Council.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.062 FAILURE TO PAY.

   If the landowner fails to timely pay an invoice issued pursuant to this section, the Clerk/Treasurer shall certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of the same. The Auditor shall place the total amount so certified on the tax duplicate for the property at issue, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.

(Ord. 7-11-05-1, passed 8-8-2005)

§ 90.063 TIME OF APPEALS.

   The Town Council shall hear any timely requested appeal of a notice of violation or invoice within 30 calendar days following receipt of the same, and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The date on which the Town Council's decision is served on the landowner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.

(Ord. 7-11-05-1, passed 8-8-2005)

OPEN BURNING

§ 90.075 DEFINITIONS.

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

   CONTAINED FIRE. Any fire contained in an incinerator, fireplace or cooking grill or other enclosure designed for outdoor cooking, or fireproof container.

   FIRE. Any fire set or maintained outside of a building.

   PERSON. Any individual, partnership, organization, association, corporation, limited liability company, agency, firm, estate or cooperation and any other legal or commercial entity.

   RESPONSIBLE ADULT. An individual 18 years or older who is not under the influence of drugs or alcohol or suffering from any other disability which would impair his or her ability to properly supervise a fire.

   UNCONTAINED FIRE. Any fire not included in the definition of a "contained fire".

(Ord. 1-11-99-1, passed 9- -1998)