(A) It is hereby declared unlawful, a nuisance and a violation of this chapter for owners and occupants of real estate to allow weeds, grass in excess of nine inches tall, and rank vegetation to grow on the real estate owned or occupied by such persons.
(B) The town police officer shall cause notice of any such violation to be served upon the occupant and/or owner of the real estate in writing with direction to remove the offending weeds, grass and vegetation within five days. Failure to comply within the five-day period shall subject the person served to the penalties prescribed in § 93.99(A) as well as rendering the owner and/or occupant liable to the town as provided in § 93.09(C). However, if the town police officer has, within the preceding 12-month period, provided a notice to any owner or occupant to abate, the town police officer shall have no obligation to provide the person or persons the opportunity to abate, but may, among all other options, immediately fine the person or persons under § 93.99(A). If the town undertakes abatement, the town shall keep account of the expense of such abatement, which expense shall be collectible as damages against the violator. The right of the town to recover such expenses is in addition to the town's right to levy a penalty under § 93.99(A).
(C) In addition to the town levying a fine against owners and/or occupants in violation of § 93.09(B), the town hereby also authorizes the town to recover from the owner and/or occupant through real estate taxes for the costs of cutting the grass and restoring the yard to a condition conforming to this section provided in IC 36-7-10.1-3, and the town hereby adopts that statute. In every case where the town seeks to record a lien as provided in this subsection, the town will adhere to the following procedures: the town police officer shall prepare a written notice to the owner of the offending real estate, advising the person that he or she is in violation of this section of the code, and granting that person not less than five days after receipt of notice to remove the weeds, rank vegetation, and/or cut the grass so that the real estate conforms to the section. This notice shall be served by the town police officer on the owner of the real estate if the owner is a resident of the town or by registered mail to the last known address of the owner if not a resident. If the owner fails to remedy the situation by removing the vegetation or cutting the grass within the time prescribed, the town may perform the actions itself. The Clerk Treasurer of the town will make a certified statement of the actual cost incurred by the town in the removal. The statement will be delivered to the owner of the property by the town police officer, or by registered mail, and the owner shall pay the amount to the Clerk-Treasurer. If the owner (or occupant) fails to pay that amount within ten days after receiving the statement, a certified copy of the statement of costs can be filed in the office of the Auditor of Allen County. The auditor shall place the amount claimed on the tax duplicate against the property affected by the work, and the amount shall be collected as taxes are collected and shall be disbursed to the general fund of the town. In cases where the town does not intend to recover the costs as real estate taxes, the town can, if the yard is in violation, proceed to restore the real estate to a conforming condition and directly recover from the owner and/or occupant the reasonable costs of so restoring the real estate.
(Ord. 670, passed 6-7-23) Penalty, see § 93.99