(A) No person, business, or corporation shall allow weeds, rank vegetation and/or debris to remain on any real property located within the city.
(B) All persons in control of real property located within the city shall cut and remove weeds, grasses and other rank vegetation growing on the property that exceed an average height of eight inches and keep their property clear of debris.
(C) In the event of a violation of this section, the Police Chief or his or her designee shall issue a written notice to the violating land owner or occupant, which notice shall include the following:
(1) The date and time the notice is served;
(2) A description of the violation and a statement as to the specific ordinance section of that violation;
(3) The identity of the owner or person in charge of the real property upon which the violation exists;
(4) A statement that the person responsible for the violation has seven days from the date and time noted in division (C)(1) above to remedy the violation;
(5) A statement indicating that if the situation is not remedied within seven days of the date and time set out in the notice, the city will employ persons chosen by the city to remedy the condition and charge the cost of the remedial action to the person responsible for the condition of the property;
(6) A statement that an owner or occupant of real estate who receives a notice under this section may appeal the conclusion that there is a violation of this section by filing a written notice of appeal with the Clerk-Treasurer which shall include the following:
(a) The factual basis of the homeowner or occupant's contention that there is no violation of this code section; or
(b) An objection as to issuance of a bill pursuant to this code section and the justification for the objection to that bill.
(7) A copy of this chapter shall be attached to the notice.
(D) The appeal shall be filed within five days of receipt of notice, if the objection goes to the existence of a violation for failure to remove weeds and grasses under this chapter, and within ten days for any other purpose.
(E) The notice of violation shall be personally delivered to the owner or occupant, or by certified mail to an out-of-town owner, and posted in a prominent place at the entry of the subject premises or served in any other manner recognized in the Indiana Rules of Trial Procedure.
(F) If the land owner or occupant fails to timely abate each violation set forth in a notice of violation or file a timely appeal, the land owner or occupant shall be deemed to have granted permission to the city to enter the land owner or occupant's property for the limited purpose of cutting and/or removing such debris, weeds, or rank vegetation located thereon and identified in the notice of violation, and the Chief of Police or his or her designee shall have the right to enter the land to cut and/or remove debris, weeds, or rank vegetation located thereon.
(G) In such case, the City Clerk-Treasurer shall prepare a certified statement as to the actual, administrative costs, as well as other costs incurred by the city in taking such action, and mail by ordinary mail a copy of the invoice to the land owner or occupant. The land owner or occupant shall, within seven calendar days from the date on which the land owner or occupant is served with such invoice, pay in full the amount stated on the invoice to the city.
(H) If the land owner fails to timely pay an invoice issued pursuant to this section, the City Clerk-Treasurer shall certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification process, the 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 collected and shall be disbursed to the general fund of the city.
(I) Upon receipt of an appeal, the Clerk-Treasurer shall arrange a time and place for a hearing in front of the Board of Public Works and Safety established under Chapter 150. The Clerk-Treasurer shall also notify the Chief of Police to cease further action pursuant to the notice until the same can heard and considered by the Board of Public Works and Safety.
(J) The homeowner or occupant shall be given written notice of the date, time and place of the hearing in front of the Board of Public Works and Safety.
(K) If the Board of Public Works and Safety determines that the homeowner or occupant is responsible for a violation of this chapter, the Board of Public Works and Safety shall affirm the action of the Chief of Police or his or her designee. If the Board of Public Works and Safety determines that the homeowner or occupant is not responsible for a violation of this chapter, the Board of Public Works and Safety shall issue a finding accordingly and no action of the Chief of Police or his or her designee to remedy the condition shall be authorized.
(L) Any action by the Board of Public Works and Safety may be appealed to the Circuit or Superior Court of Randolph County.
(M) This section supplements and does not limit any other remedy or action available in law or in equity available to address public nuisances.
(N) After one notice has been posted on a property, the city shall have the right to continue to abate the nuisance by cutting and removing the weeds, grasses and rank vegetation, as the need arises, throughout the growing season without the necessity of further notification. For the purposes of this division, a growing season is the period of time between the first day of March and the last day of November in any calendar year.
(Ord. 2006-02, passed 12-18-06; Am. Ord. 2015-03, passed 5-26-15) Penalty, see § 94.99
Statutory reference:
Removal of weeds and rank vegetation, see I.C. 36-7-10.1-3 et seq.