(A) Public nuisance declared. Allowing weeds, high grass and/or other rank vegetation to grow on property is hereby defined as a public nuisance.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
WEED. Includes Canada thistle, field bindweed, johnsongrass, sorghum almum, perennial sowthistle, quackgrass, Russian knapweed, wild garlic, wild onion, and any other plant listed as a prohibited noxious weed by the state’s Department of Natural Resources.
WEEDS AND OTHER RANK VEGETATION. Grass and other vegetation that is unkept and unmowed over a period of time and left to grow to a height in excess of eight inches. The term shall not include:
(a) Agricultural and vegetable crops such as corn, wheat, hay and pasture;
(b) Designated wetlands, parklands and forest preserves; and
(c) River banks, creek banks and drainage ditches from the centerline of the waterway to the area within ten feet of the top edge of each bank.
(C) Violation of ordinance. Any person may make a written complaint of suspected violation of this subchapter to the Town Clerk-Treasurer at the Town Hall, and that complaint shall then be investigated by the town. If the complaint is substantiated by the town, the town may commence further proceedings under this subchapter.
(D) Notice of violation.
(1) Upon receipt of information from the town’s Police Department or other town employees that a violation of this subchapter exists, the Clerk-Treasurer shall issue a written notice to cut and remove the weeds and other rank vegetation within five days, which shall be served by certified mail, return receipt requested, or an equivalent service permitted under I.C. 1-1-7-1 to the following 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:
(a) The owner of record of real property with a single owner; or
(b) At least one of the owners of real property with multiple owners.
(2) If an initial notice of the violation of an ordinance adopted under this section was provided by certified mail or equivalent service under I.C. 1-1-7-1, a continuous abatement notice may be posted at the property at the time of violation instead of by certified mail or equivalent service. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the municipality or its contractors.
(E) Removal by town. If the landowner fails to cut and remove the weeds and other rank vegetation within the five-day time prescribed by the written notice of violation, the town or a contractor of its hiring may enter onto the real property to cut and remove the weeds and other rank vegetation and abate the ordinance violation.
(F) Notice of costs to landowner. Following any abatement of the ordinance violation by the town or its contractor, the Clerk-Treasurer shall prepare a certified statement of the actual costs incurred by the town in the cutting and removal of the weeds and other rank vegetation, including administrative costs and removal costs.
(1) The certified statement shall be delivered to the landowner by the town’s Police Department or by the method set forth for notices of violation above. If the landowner fails to pay the certified amount within ten days after receiving the certified statement, the Clerk-Treasurer shall certify to the County Auditor the amount of the original certified statement, plus any additional administrative costs incurred in the certification process.
(2) The County Auditor shall place the total amount certified on the tax duplicate for the property affected, per I.C. 36-7-10.1-4, and the total amount, including any accrued interest, shall then be collected as delinquent taxes are collected and shall be disbursed to the general fund of the town.
(G) Complaint and summons. If the landowner fails to cut and remove the weeds and other rank vegetation within the five-day time prescribed by the written notice of violation, the violation may also be enforced as any other nuisance violation under town code and state law, such as by the filing of an ordinance violation proceeding in a court of appropriate jurisdiction by the Town Attorney, to include the Town Attorney’s fees as provided by nuisance law.
(H) Administration of section. This subchapter shall be administered by the town’s employees, agents, and departments as directed and specified within the particular terms and provisions of this subchapter, including the town’s Police Department and Clerk-Treasurer.
(I) Appeals. The landowner may appeal a notice of violation or a certified statement of costs issued under this subchapter to the Town Council. The appeal must be in writing and mailed or delivered to the Clerk-Treasurer at the Town Hall. The filing of an appeal does not automatically stay enforcement proceedings.
(1) The Council shall conduct an investigation of the appeal and make a written determination which shall be forwarded to the landowner. If the issue is whether a plant is a prohibited or noxious weed, the Council shall consult with the Indiana Cooperative Extension Service as to its categorization.
(2) The decision of the Council on all appeals shall be administratively final and any further appeal by the landowner must be through the courts of the county.
(Prior Code, § 92.20) (Ord. 2013-6, passed 6-11-2013)