(A) Jurisdiction.
(1) The jurisdiction of this section shall be the corporate limits of the town, as presently defined or as may be modified from time to time by annexation or town ordinance.
(2) This section shall be in addition to any state statute or county ordinances presently in effect, subsequently added, amended or repealed.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESTRUCTION ORDER. The notice served by the Town Manager, or Town Council in cases of appeal, on the property owner of the ordinance violation.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property.
(C) Weeds and rank vegetation.
(1) Definitions.
(a) RANK VEGETATION is the uncontrolled, uncultivated growth of annuals and perennial plants.
(b) WEEDS do not include shrubs, trees, cultivated plants or crops.
(2) In no event shall cultivated plants or crops include plants that have been defined by state statute or administrative rule as being noxious or detrimental plants.
(3) The Indiana Cooperative Extension Service shall be the referenced technical authority for the town executives with respect to the definition of exempt matters, shrubs, trees, cultivated plants and crops.
(D) Owners responsible for trimming, removal and the like. All property owners within the corporate limits of the town shall be required and be financially responsible for the removal, cutting, or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property which, at the time of notice, is in excess of ten inches in average height, and in no event, exceeds 15 inches maximum height on at least 20% of the surface area of the property.
(E) Filing complaint. Any person, including the town, who believes there is property located within the corporate limits of the town which has growing plant matter in violation of this section shall make a written complaint signed, dated and filed with the Town Clerk-Treasurer. If the town makes the complaint, an employee, officer or Town Council member shall file the complaint in all respects as set out above.
(F) Notice of violations.
(1) Upon receiving notice of the probable existence of weeds in violation of this section, the Town Manager or his or her designee shall make an inspection of the property to determine if a violation exists. The Town Manager, upon concluding that there is a probable belief that this section has been violated, shall forward written notification in the form of a “Destruction Order” to the property owner and/or the person occupying the property as that information is contained within the records of the Town Clerk-Treasurer or any other town or county agency. The notice shall be served in writing by first-class mail. The notice shall provide that within seven calendar days after the receipt of the notice that the designated violation shall be removed by the property owner and/or person occupying the property.
(2) (a) All notices are to be in writing and all filings are to be with the Town Clerk-Treasurer.
(b) Certified mailing to the Town Clerk-Treasurer or others is deemed filed on the date of posting to the United States Postal Service.
(G) Continuous abatement. A continuous abatement notice may be posted at the property at the time of abatement instead of by first-class mail or equivalent service as required by division (F) above.. A continuous abatement notice serves as notice to the real property owner and/or the person occupying the property 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 county, or its contractors.
(H) Appeals.
(1) The property owner may appeal by filing written notice of objections to the Council President within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the Town Manager. It is the property owner’s responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this section, and should not be subject to destruction under this section.
(2) An appeal by the property owner shall be brought before the Town Council and shall be decided by a majority vote of the Council members in attendance and such being at a regularly scheduled or special meeting of the Town Council.
(H) Abatement by town. In the event that the property owner shall fail to comply with the “Destruction Order” within seven calendar days and has not filed a notice within 48 hours to the Town Clerk-Treasurer of an intent to appeal, the town executives may employ the services of town employees or outside contractors and remove the weeds to conform to this section by all lawful means.
(I) Liability.
(1) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this section.
(2) The property owner is responsible for all collection costs associated with weed destruction, including, but not limited to, court costs, attorney’s fees and interest on any unpaid amounts incurred by the town. If the town uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used.
(3) All sums payable by the property owner are to be paid to the Town Clerk-Treasurer and to be deposited in a general fund, as compensation for expenses and costs incurred by the town.
(Ord. 11 of 2013, passed 7-8-2013)