(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. The owner of record.
RANK VEGETATION. Any plant growth which is or may be harmful to the senses, health or well-being of the residents of the city.
(1) Any plant growth which is or may be harmful to the senses, health or well-being of the residents of the city.
(2) Any grass, weeds or plant growth which have been removed from property and which have been left lying withing any public way.
WEEDS. Any growth of vegetation other than rose bushes, shrubs, ornamental plants, or plants cultivated in an orderly manner for the purpose of producing food.
(B) (1) No owner of real property shall allow any growth of weeds or rank vegetation in excess of six inches in height upon his or her property.
(2) No owner of real property shall allow the growth of rank vegetation upon his or her property.
(C) When any investigation by an employee or officer of the city reveals to that person that weeds and/or rank vegetation are allowed to grow in violation of this section, that person shall report the incident to the Office of the Building Inspector, who shall then determine ownership of the property in violation. The Office of the Building Inspector shall then cause the owner of the property to be issued a three-day written notice to remove the weeds and rank vegetation from the property which is in violation of this section. The notice shall:
(1) List the owner of the property, and if there is more than one owner of the property, only one of the owners needs to be notified;
(2) Describe the property so as to give notice of its location;
(3) State that a growth of vegetation and/or weeds on the property is in violation of this section, and describe the nature of the violation; and
(4) State that if the landowner fails to remove the vegetation within three days of the landowner’s receipt of the notice, the city shall remove the vegetation, with the cost of the removal to be paid by the landowner.
(D) The initial notice of each growing season to remove the vegetation and/or weeds in violation of this section shall be served by one of more of the following methods:
(1) Certified mail or first class mail upon one or more of the landowners, addressed to the last known address of the landowner(s).
(2) Delivery by an employee of the city, sending the notice for personal delivery to the owner(s).
(E) (1) If an initial notice of the violation of this section each growing season has been provided by certified mail, first class mail or equivalent service as described above, a continuous abatement notice may be posted at the property at the time of abatement instead of by certified mail, first class mail or equivalent service as required above. A continuous abatement notice serves as notice to the owner(s) of the real property that each subsequent violation during the same year for which the initial notice of violation was provided may be abated by the city or its contractors.
(2) If a landowner fails to remove vegetation/weeds allowed to grow in violation of this chapter, the city may remove the vegetation/weeds by use of its own equipment, or the city may contract with a private entity for the removal of the vegetation/weeds. In any event, the cost of removal incurred by the city shall be paid by the landowner.
(F) The Clerk-Treasurer shall make a certified statement of the actual costs incurred by the city in the removal of the rank vegetation and weeds, plus $20 for the administrative costs of the Clerk-Treasurer’s Office. The statement must be delivered to the owner of the property by certified mail, first class mail, or by personal service on the owner, and the owner shall pay the amount to the Clerk-Treasurer within three days of service. If the landowner fails to pay the amount within the required time period, a certified copy of the statement of costs shall be filed in the office of the County Auditor. The Auditor shall then place the amount claimed on the tax duplicate against the property affected by the work, and the amount shall be collected when taxes are collected and shall be distributed to the general fund of the city.
(G) The Building Inspector of the city may exempt from the provisions of this section any property which, in the opinion of the Building Inspector, consists of a large undeveloped tract which historically has not been maintained in accordance with the provisions of this section of the city code, or which in the opinion of the Building Inspector otherwise does not qualify to be subject to the provisions of this section of the city code. Any decision of the Building Inspector regarding the exemption of property from the provisions of this section of the city code shall be subject to appeal by either the property owner or any other interested party to the Board of Public Works and Safety of the city, which shall make the final determination as to whether a parcel of real estate should or should not be exempt from the provisions of this section of the city code.
(H) A violation of this section may be enforced pursuant to any action authorized by law, including but not limited to, the procedures stated in this code. All legal costs, including attorney fees, shall be recovered by the city.
(I) A person who violates a provision of this section, in addition to the aforementioned remedy, shall be subject to a civil penalty in the amount $50 for each day during which a violation exists. If the violation is of a continuing nature, each day the violation exists shall constitute a separate violation.
(J) The city may perform the work on the removal of the rank vegetation and weeds from landowners’ property by its own employees, or it may decide to have the work performed by outside contractors pursuant to appropriate Indiana law.
(Ord. 630, passed 12-22-1986; Am. Ord. 644, passed 1-20-1988; Am. Ord. 909, passed 5-17-2004; Am. Ord. 910, passed 6-7-2004; Am. Ord. 1010, passed 6-1-2009; Am. Ord. 1050, passed 6-4-2012; Am. Ord. 1068, passed 6-3-2013; Am. Ord. 1113, passed 9-6-2016; Am. Ord. 1139, passed 3-5-2018) Penalty, see § 10.99