(A) Removal of weeds and rank vegetation. All owners of real property within the corporate limits of the town shall cut and remove all weeds and/or rank vegetation growing upon the property.
(B) Definition. WEEDS and/or RANK VEGETATION are any vegetable matter, weed or grass that is not cultivated in plant beds by the landowner and which exceeds the height of six inches. Notwithstanding the foregoing, such definition shall not include trees, such definition shall not include bushes or shrubs which have been planted and cultivated by the landowner, and provided further, such definition does not include agricultural crops such as hay and pasture.
(C) Administration. The office of the Town Clerk-Treasurer shall be responsible for the administration of this section.
(D) Notice. Upon determination by the Town Clerk-Treasurer, the weeds and/or rank vegetation exist as defined in this section, the Clerk-Treasurer shall issue a written notice to the landowner that the weeds and/or rank vegetation must be removed within eight days of the date of the mailing of the notice, which notice shall be sent to the landowner’s last known address by United States first-class mail, or in the alternative, the Clerk-Treasurer may have the office of the Town Marshal deliver the notice to the landowner personally, and which notice shall be deemed given on the date of mailing if mailed, or on the date of personal delivery if served by the office of the Town Marshal. Certified mailing of the notice is not required but may be done in addition to the first-class mailing, at the option of the Clerk-Treasurer. The landowner may appeal the order to remove the weeds and/or rank vegetation by delivering to the office of the Clerk-Treasurer written notice of contest within the eight days of the mailing of the notice, if mailed, or within eight days of delivery of the notice if delivered by the office of the Town Marshal.
(E) The procedure for removal. If the landowner fails to remove the vegetation within the time prescribed, the town may remove the vegetation as is permitted by I.C. 36-7-10.1-3 and I.C. 36-1-6-2 by having employees of the town enter upon the property and remove or cut the weed and/or rank vegetation with the town equipment, or by contracting with others to remove the weeds and/or rank vegetation.
(F) Administrative costs incurred. After removal of the rank weeds and vegetation by the town, as is provided in this section, the Clerk-Treasurer shall then issue a billing to the landowner for the costs incurred by the town in the removal. Costs shall include an administrative charge of $20 to compensate the town for the administrative costs incurred in issuing the bill, plus the fees of the contractor, if a contractor is used. If the town employees and equipment are used, the Clerk-Treasurer shall also include in the billing charges for the time of the town employees, and for the use of the equipment of the town, in such amounts as the Town Council from time to time by Town Council action establishes as the current rate for the use of such equipment and the use of such the town employees for such services. The billing shall be sent to the landowner in the same manner as is provided for the issuing of the initial notice as is provided by this section, and the landowner shall be given a period of 15 days from the date of the mailing of the notice, if mailed, or from the date of personal delivery if personally delivered, to make payment of the charges, provided, however, that if the landowner contests the propriety of the charges or the propriety of the cutting of said weeds, the landowner may within said 15-day period of time, deliver written notice to the office of the Town Clerk-Treasurer of the landowner’s contest of the cutting and/or the charges. The appeal of the landowner shall be heard and determined by the Town Council at its next regularly scheduled Town Council meeting, at which time the landowner may appear and be heard.
(G) Enforcement. If the owner of the real property fails to pay a bill issued under this section, within the time specified, the Town Clerk-Treasurer shall certify the amount of the bill plus any additional administrative costs incurred in the certification as is provided for by I.C. 36-7-10.1-4.
(H) Disbursement of collections. Amounts collected for the removal of weeds and/or rank vegetation, as provided by this section, shall be disbursed to the General Fund of the town.
(Ord. 96-8-1, passed 8-12-1996)