Chapter 8.25
REMOVAL OF WEEDS AND RANK VEGETATION
Sections:
8.25.010 Administration responsibility.
8.25.040 Violation notice – Notice requirements – Abatement by the city.
8.25.010 Administration responsibility.
The Police Department and the office of the Clerk-Treasurer are responsible for the administration of this chapter. [Ord. 1505-2015 § 1.]
8.25.020 Definitions.
Continuous Abatement Notice.
(1) A continuous abatement notice is a notice that 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; and
(2) Authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement; and
(3) Can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and
(4) Authorizes the office of the Clerk-Treasurer to assess and collect ongoing costs for continuous abatement notice activities from a party that is subject to the notice.
Weeds and Rank Vegetation. Weeds and rank vegetation include grasses and those weeds and growing vegetation which is excessively vigorous in growth, shockingly conspicuous, malodorous and/or flagrant, or tends to overgrow or choke out plants that are more desirable. Weeds and rank vegetation do not include agricultural crops, such as hay and pasture. [Ord. 1505-2015 § 2.]
8.25.030 Violation.
It is a violation to have weeds and other rank vegetation on any real property (“property”) located within the city’s corporate limits that exceed six inches. All owners of property shall cut and remove weeds and rank vegetation growing thereon. [Ord. 1505-2015 § 3.]
8.25.040 Violation notice – Notice requirements – Abatement by the city.
(A) In the event the owner of property is in violation of AMC 8.25.030, the Police Department shall mail by first class mail or equivalent service permitted under IC 1-1-7-1 a written notice (“violation notice”) to the property owner of record of real property with a single owner or at least one of the owners of real property with multiple owners at the last address indicated in the records of the county auditor on the date of the notice.
(B) The notice of violation shall contain the following:
(1) The date the violation notice is mailed.
(2) The name and mailing address of the property owner in violation.
(3) The location address of the violation.
(4) The nature of the violation.
(5) That the property owner has 10 calendar days from the date of the violation notice to abate the violation.
(6) That if the property owner fails to abate the violation, the property owner shall be deemed to have granted permission to enter the property for the limited purpose of cutting and/or removing such weeds and rank vegetation located thereon and identified in the violation notice.
(7) That if abated by the city or its contractors that a continuous abatement notice will be posted at the property at the time of abatement and serves as notice to the property owner that each subsequent violation during the same year for which the violation notice was provided may be abated by the municipality or its contractors. [Ord. 1505-2015 § 2 [4].]
8.25.050 Issuing a bill.
Upon notification by the Chief of Police that a property has been abated by the city, the office of the Clerk-Treasurer shall issue a bill to the property owner for all costs incurred in abating each violation, including administrative and removal costs. The minimum administrative cost for each violation is $115.00. All costs incurred are due and payable within 10 calendar days of the date of the bill. [Ord. 1505-2015 § 6.]
8.25.060 Appeal.
That the property owner may appeal a notice of violation or a bill by written notice to the Board of Public Works and Safety (“Board”) within 10 calendar days from the date on which the notice of violation or bill is issued. Upon receipt of the written notice, the Board shall schedule within 10 calendar days an appeal hearing. The property owner will be notified of the hearing by written notice. The appeal of a bill shall toll the payment period pending the issuance of a decision by the Board. The Board shall notify the property owner by written notice of the appeal decision. [Ord. 1505-2015 § 7.]
8.25.070 Collection method.
That if the property owner fails to pay a bill within the time specified, the office of the Clerk-Treasurer shall certify to the county auditor the amount of the bill and any additional administrative costs incurred for the certification. The minimum administrative cost for the certification is $66.00. The auditor shall place the total amount certified on the tax duplicate for the property affected. This collection method does not limit any other remedy or action available by law. [Ord. 1505-2015 § 8.]