(A) Owners of real property located within the corporate limits of the city shall cut and remove weeds and other rank vegetation growing on such property, including street parks, improved sidewalks and along alleys, unless such vegetation is part of an established agricultural enterprise and is currently being used for pasture or the production of hay.
(B) The Department of Infrastructure and Development shall be responsible for the administration of this section.
(C) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTINUOUS ABATEMENT NOTICE. A notice that:
(a) Is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional compliance and abatement authority; or seek additional orders for the same or similar violations;
(b) Authorizes specific ongoing compliance and enforcement activities if a property requires re-inspection or additional periodic abatement;
(c) Can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and
(d) Authorizes the Department of Infrastructure and Development to assess and collect ongoing costs for continuous abatement notice activities from any party that is subject to the Department’s notice.
IMPROVED SIDEWALKS. Sidewalks abutting any lot or land of an owner or occupant.
RANK VEGETATION. Vegetation growing with excessive luxuriance and vigor which is at least eight inches high or higher and/or overgrown bushes, trees, shrubs and the like and may also be defined as dead bushes, trees, shrubs and/or weeds.
STREET PARKS. The planted area between the curb and sidewalk directly adjacent to a property.
WEEDS. Grass and other undesirable, unattractive or unattended vegetation that are eight inches high or higher.
(D) Weeds and other rank vegetation subject to removal under this section shall be those which are eight inches high or higher. All trash and debris discovered when removing weeds and other rank vegetation must be removed at the time of mowing. All cut weeds and other cut rank vegetation left on sidewalks and/or streets must be removed. The property owner must maintain trees and shrubs within the minimum height clearance requirements of eight feet over sidewalks and street parks and within the minimum height clearance requirements of 14 feet over streets and alleys.
(E) Any property owner who fails to remove weeds and other rank vegetation, as defined in divisions (C) and (D) above, shall be deemed to be in violation of division (A) above and may be issued a continuous abatement notice as set forth in this section. Notice of violation by the Department of Infrastructure and Development shall be mailed to the property owner’s address shown on the records of the County Auditor by the method required by I.C. 36-7-10.1-3, or an equivalent service permitted under I.C. 1-1-7-1, to the owner of record of real property with a single owner or to at least one of the owners of real property with multiple owners, at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice. One letter within a calendar year shall be deemed sufficient notice for each and every lot, parcel and lands owned by the offender within the corporate limits of the city in case of party’s failure to comply with the terms of division (A) above. The city shall have the right to cut and remove weeds and rank vegetation upon the property owner’s failure to do so within ten days after the mailing of notice of violation. A continuous abatement notice may be posted at the property at the time of abatement in the event the city initially obtains service upon the property owner as required by I.C. 36-7-10.1-3. Said continuous abatement notice shall serve as notice to the real property owner that each subsequent violation during the same calendar year for which the initial notice of the violation was provided may be abated by the city or its contractors.
(F) The Department of Infrastructure and Development shall issue a bill to the property owner at the address shown on the records of the County Auditor. The bill shall include the actual cost incurred by the city either by using its own employees or an independent contractor, plus administrative costs. Administrative costs of $70 shall be charged for the first cut order during a calendar year. Second and subsequent cut orders during a calendar year shall include the administrative cost of $100. If a property owner owns more than one property, the property owner will be charged the administrative cost of $70 for the first property cut and the administrative cost of $100 for each and every lot, parcel and land subsequently cut during the calendar year.
(G) In the event a property owner disputes a notice of violation issued under division (F) above or a bill issued under division (H) below, such property owner may file a written appeal with the Board of Public Works and Safety for rescission or adjustment of such notice or bill within 14 days after the date of such notice or bill.
(H) If the property owner fails to pay a bill under this division (H) within 15 days, the Department of Infrastructure and Development shall certify to the County Auditor the amount of the bill, plus an additional administrative cost of $70 (of which, $25 will be retained by the county government) incurred in the certification. The County Auditor shall place the total amount certified on the tax duplicate for the property affected, 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 city as provided in I.C. 36-7-10.1-4.
(I) Should any paragraph, sentence, clause or phrase of this section be properly declared unconstitutional or invalid for any reason, the remainder of said section shall not be affected thereby. In the event the provisions of this section conflict with the provisions of I.C. 36-7-10.1-1 et seq., including any amendments, the provisions of the I.C. 36-7-10.1-1 et seq. shall be controlling. This section is not intended to interfere with, abrogate or annul any other ordinance, rule, regulation, statute or other provision of the law. The requirements of this section should be considered minimum requirements, and where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision of law, the more restrictive provisions or those provisions that impose higher protective standards for human health or the environment, shall be considered to take precedence.
(Prior Code, § 94.03) (Ord. 67-1985, passed - -1985; Ord. 63-1991, passed - -1991; Ord. 23-1993, passed - -1993; Ord. 36-2011, passed - -2011; Ord. 13-2015, passed - -2015; Ord. 13-2018, passed 4-16-2018) Penalty, see § 92.999