-
ORDINANCE NO. 2009-02 AN ORDINANCE AMENDING SECTION 93.01 OF TOWN CODE OF NORTH WEBSTER, STATE OF INDIANA IN REGARD TO REGULATION OF WEEDS AND OTHER RANK VEGETATION WHEREAS, the Town Council of the Town of North Webster has determined that Chapter 93 of the Town Code of the Town of North Webster requires modification to provide for appropriate regulation of weeds and other rank vegetation; and, WHEREAS, Indiana Code Section 36-7-10.1, et seq. provides the methodology for the Town's regulation, by ordinance, weeds and other rank vegetation within the Town of North Webster; and, WHEREAS, unregulated weeds and other rank vegetation within the Town of North Webster has and will present a public safety and health issue. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NORTH WEBSTER, INDIANA, THAT: Section 1: Chapter 93 of the Town Code of North Webster is hereby deleted in its entirety and replaced with the following provisions. Section 2: Section 93.01. Definitions. The following words, terms and phrases. When used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Environmental public nuisance means: (1) Weeds and/or rank vegetation is defined to be any vegetable maatter, weed or grass, that is not cultivated in plant beds by the landowner, and which exceeds the height of nine (9) inches. (2) Any unreasonable accumulation of dead weeds, grass, or brush. (3) Any noxious weeds or other poisonous plant detrimental to health. Excluded property means: (1) Land cultivated for gross profit in a commercial, agricultural or horticultural zone; a natural or developed forest or a pasture, which does not create a health or safety hazard. (2) Notwithstanding the foregoing, such definition shall not include trees, such definition shall not include bushes or shrubs which have been planted and cultivated by the landowner, and such definition shall not include gardens, Landowner means all persons, entities or organizations that are responsible for payment of taxes on the real estate as on record at the county recorder's office; or the purchaser of such real estate under a contract for conditional sale; or person in control of the property as the personal representative, trustee, receiver or guardian of the owner. Traffic hazard means any environmental public nuisance that is potentially dangerous to the traffic an intersection, as it may block or restrict the view of any oncoming traffic. Section 93.02. General Conditions Constituting Nuisance. (a) It shall be the duty of the owners of each lot, part of lot or parcel of land within the Town to keep their property free of any environmental nuisance. (b) The owners shall keep the property free from garbage and refuse and trash of any nature or character, and will remove any partially demolished building and/or improvements which are partially torn down and which are unsightly in appearance. (c) It shall be unlawful and declared a nuisance for any person to erect, construct, cause, permit, keep or maintain within the town anything injurious to health. Section 93.03. Traffic Hazard. (a) It shall be the duty of the owners of each lot, part of lot or parcel of land within the Town to keep their property free of any traffic hazard as defined in subsection 93.01, trees and shrubbery obstructing streets and sidewalks. (b) The owners of the property upon which a traffic hazard is found shall be ordered by the police department or the superintendent of public works to abate the problem. The ten (10) day grace period, described in Section 93.04, may be waived and the hazard abated as soon as possible if deemed an emergency. (c) Upon failure of the owners to abate the hazard as deemed an emergency, the town may enter upon such property and abate the same. The costs of such abatement shall be assessed against the owners of such property and, if not paid within thirty (30) days after notification, the town may impose a lien upon such property for such expense and shall place the same upon the tax duplicate of the office of the county auditor for collection as provided by law. Section 93.04. Notice to Owner. (a) Upon determination by the police department or designated official of the Town of North Webster, Indiana, that an environmental nuisance exists as defined by this Article, the police department or designated official shall issue a written notice to the landowner that the nuisance must be abated within ten (10) days of the mailing of the notice, which notice shall be sent to the landowner's last known address by United States first class mail. Certified mailing of the notice is not required, but may be done in addition to the first class mailing, at the option of the police department or designated town official. (b) In lieu of the written notice required by the Town, the police department or town official may conspicuously post a placard marked "notice to abate" on the property which contains the following information: The address of the property, the date of the notice, the address and telephone number of the police department or designated town official, and a warning that if the environmental public nuisance is not removed within ten (10) calendar days after posting, the town will abate the nuisance and seek recovery of the actual costs involved in the removal of the nuisance. A copy of the notice shall also be sent first class United States mail. The town may cut weeds as many times as is necessary and charge the actual cost to the property owner. Section 93.05. Enforcement Procedures. (a) If the landowner fails to abate the environmental nuisance within the time prescribed, the Town may remove the environmental nuisance as is permitted by I.C. § 36-7-10.1-3 and I.C. § 36-1-6-2 by having employees of the Town enter upon the property and remove the environmental nuisance with Town equipment or by contracting with others to remove the environmental nuisance. (b) After removal of the environmental nuisance as is provided .in this Article, the Clerk-Treasurer shall then issue a billing to the landowner for the costs incurred by the Town in the removal. Costs shall include an administrative charge of seventy-five dollars ($75.00) to compensate the Town for the administrative costs incurred in issuing the bill, plus the fees of the contractor, if a contractor is used. If Town employees and equipment are used, the Clerk-Treasurer shall also include in the billing charges for the time of the Town employees, and for the use of the equipment of the Town, in such amounts as the Town Council from time to time by Town Council action establishes as the current rate for the use of such equipment and the use of such Town employees for such services. The billing shall be sent to the landowner in the same manner as is provided for the issuing of the in initial notice as is provided by this Article, and the landowner shall be given a period of fifteen (15) days from the date of the mailing of the notice, to make payment of the charges, provided, however, that if the landowner contests the propriety of the charges or the propriety of removing the environmental nuisance, the landowner may within said fifteen (15) day period of time, deliver written notice to the Office of the Clerk-Treasurer of the landowner's contest of the removal and/or charges. The appeal of the landowner shall be heard and determined by the Town Council at its next regularly scheduled Town Council meeting, at which time the landowner may appear and be heard. (c) If the owner of the real property fails to pay a bill under this Article, within the time specified, the Clerk-Treasurer of the Town shall certify the amount of the bill plus any administrative costs incurred in the certification as is provided for by I.C. § 36-7-10.1-4. (d) Amounts collected for the abatement of an environmental nuisance as provided by this Article, shall be disbursed to the general fund of the Town of North Webster, Indiana, as is provided for by I.C. § 36-7-10.1-4 and I.C. § 36-710.1-5. (e) In the event that legal action is undertaken by the Town to enforce the terms of this Article, the landowners will be responsible for attorney's fees incurred by the Town in seeking any orders to compel the landowner to abate an environmental nuisance. Section 93.06. Violations and Fines. (a) Any person or other legal entity violating this Article shall be subject to a fine of twenty-five dollars ($25.00), except that if during a calendar year the person or entity commits a second (2nd) violation more than seven (7) days after a prior violation of this Article, the fine shall be thirty-five dollars ($35.00), and if a third violation within the same calendar year occurs more than seven (7) days after a second violation, then the fine shall be fifty dollars ($50.00), and in addition to the fine provided herein, the person or entity violating this Article shall pay the reasonable attorney's fee of the Town incurred in enforcing the terms of this Article, which fine and attorney's fee shall not exceed two thousand five hundred dollars ($2,500.00) for each violation. Each day that a violation of this Article occurs or continues shall be considered as a separate violation of this Article. Any notice of a violation of this Article, or the amount of any bill issued under this Article, may be appealed to the Town Council of the Town of North Webster for review and further action thereon. Therefore, this Ordinance shall be in full force and effect from after its passage and due attestation and publication as required by law. PASSED and ADOPTED by the Town Council of the Town of North Webster, Indiana, on the 11th day of August, 2009. AYE NAY Jon Sroufe Tim Hine Lisa Strombeck ATTEST: Alice Luce, Clerk-Treasurer a14,21
