(A) Weeds, rank vegetation, garbage and junk declared public nuisances. Weeds, rank vegetation, garbage and junk as herein defined that constitute violations of this chapter are declared to be public nuisances due to the danger to the public health, safety, and welfare of the citizens of the county.
(B) Violation. It is a violation of this chapter for an owner to allow weeds or rank vegetation to grow to a height in excess of 12 inches, or for an owner to allow garbage and/or junk to accumulate on real property located within the county used for residential or commercial purposes, thereby creating a public nuisance affecting a neighborhood or community as may be determined by the Code Enforcement Official.
(C) Prevention of public nuisances. All owners shall cut and remove weeds and rank vegetation and shall keep their real property clear of garbage and junk.
(D) Violation report and violation notice. All alleged violations of this chapter shall be subject to the following:
(1) Violation reports. Violations of this chapter shall be reported on forms to be provided by and submitted to the Code Enforcement Official ("violation report"). A violation report may be submitted by any resident of Morgan County.
(2) Inspections. Following the submission of a violation report by neighbors or community members that allege a violation of this chapter, the Code Enforcement Official shall inspect the real property that is the subject of the violation report and file an inspection report which shall include the following determinations:
(a) Whether the owner has violated this chapter;
(b) If any of the violation reports were filed for purposes other than to report a violation under this chapter; and
(c) If the violation reports were submitted by neighbors or community members.
(3) Violation notices. Upon determination that the owner has committed a violation of this chapter, the Code Enforcement Official, or its designee, shall issue a written notice ("violation notice") to the owner and any occupants of the property. The violation notice shall identify the violation(s) and order the owner to mitigate the public nuisance within ten business days from the date on which the owner has been served the violation notice (“abatement period”). 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 owner and any occupants of the property for the purposes of this chapter. Additionally, a copy of the violation notice shall be conspicuously posted on the property by the Code Enforcement Official, or its designee.
(4) Abandoned vehicles. In the event the violation report, as confirmed by the inspection of the Code Enforcement Official, identifies one or more abandoned vehicles on the subject property, the county shall comply with all due process requirements for notice and abatements of those abandoned vehicles as proscribed by Indiana Code, including I.C. 9-22-1 et seq.
(E) Violation notice appeal. Any violation notice issued pursuant to this chapter may be appealed to the Hearing Authority if written notice of appeal is served on the Hearing Authority by the owner prior to the expiration of the abatement period. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the Hearing Authority.
(F) Failure to comply after abatement period. If the owner fails to timely abate each violation set forth in a violation notice within the abatement period, the Code Enforcement Officer or other person(s) designated by the Code Enforcement Officer may enter onto that property and take appropriate action to bring the property into compliance with this subchapter and abate each public nuisance identified in the violation notice, as proscribed by I.C. 36-1-6 et seq. Prior to taking such an action, all persons holding a substantial interest in the property must be given a reasonable opportunity of at least ten days but not more than 60 days to bring the property into compliance.
(G) Abatement costs. Upon completion of the abatement, the Code Enforcement Official, or his or her designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the county in taking such action, in addition to any penalties provided herein ("abatement costs"), and shall serve a copy of the invoice on the owner. The owner shall, within 30 days from the date on which the owner is served with such invoice ("payment period"), pay in full the amount stated thereon payable to the Morgan County Treasurer.
(H) Appeal of costs. Any invoice for abatement costs issued pursuant to this chapter may be appealed to the Hearing Authority if written notice of appeal is served by the owner on the Hearing Authority within ten calendar days from the date on which the invoice is served on the owner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the hearing authority.
(I) Failure to pay. If the owner fails to timely pay an invoice for abatement costs issued pursuant to this chapter, the Code Enforcement Official, or his or her designee, shall certify to the Morgan County Auditor the amount of the invoice for abatement costs, plus any additional administrative costs incurred in the certification of the same. The Morgan County 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 and shall be disbursed to the General Fund of the county.
(J) Statutory lien. In addition to the collection procedures described above, the expenses incurred by the county in order to abate a public nuisance constitute a lien that attaches to the property when notice of the lien is recorded in the Office of the County Recorder. The lien is superior to all other liens except liens for taxes, in an amount that does not exceed:
(1) Ten thousand dollars ($10,000) for real property that contains one or more occupied or unoccupied single or double family dwellings or the appurtenances or additions to those dwellings or is unimproved; or
(2) Twenty thousand dollars ($20,000) for all other property.
(K) Time of appeals. The Hearing Authority shall hear any timely requested appeal of violation notice or invoice for abatement costs within 30 calendar days following receipt of the same, and shall thereafter promptly issue a decision granting or denying, in whole or in part, the appeal. The date on which the Hearing Authority's decision is served on the owner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.
(L) Miscellaneous.
(1) Venue. If enforcement proceedings or correction proceedings cannot be accomplished by the procedures herein and otherwise available in accordance with statute, the Morgan County Circuit or Superior Courts shall be the courts of proper venue and jurisdiction for the enforcement of the provisions of this chapter.
(2) Cumulative remedy. This chapter supplements and does not limit any other remedy or action available in law or equity regarding the subject matter hereof.
(3) Applicability. This chapter shall not apply to the following:
(a) Agricultural and industrial operations as described in I.C. 32-30-6-9;
(b) Forestry operations as described in I.C. 32-30-6-11;
(c) Real property upon which agricultural crops are cultivated, including hay and pasture, as described in I.C. 36-7-10.1-3(a); and
(d) Morgan County municipal corporations as defined in I.C. 36-1-2-10, and Morgan County governmental units, departments, and school corporations.
(4) Abatement vendors. The Commissioners may invite and accept no less than two reasonable bids for abatement vendors who shall be private businesses and not any department of the county. Said vendors shall provide abatement services as independent contractors for violations of this chapter including the abatement of weeds and rank vegetation, garbage and junk, and the bids may be renewed and updated at various times when deemed appropriate by the Commissioners.
(5) Funds collected. Any and all abatement costs, penalties, and fines collected as a result of violations of and pursuant to this chapter shall be deposited into the General Fund of the county. The Commissioners and County Council may, in their discretion and as circumstances may warrant, disburse these funds to the General Fund of the Planning and Zoning Department.
(Ord. 2021-10, passed 10-18-2021)