Ordinance 1994-21

AN ORDINANCE PROVIDING FOR THE REMOVAL OF WEEDS AND RANK VEGETATION

BE IT ORDAINED by the Town Council of the Town of Millersburg, Indiana, that:

Section 1.

The owners of real estate located within the corporate limits of the Town of Millersburg, Indiana shall remove weeds and other rank vegetation growing on their property.

Section 2.

For the purpose of this ordinance, “weeds and other rank vegetation” shall be defined as any plant which exceeds six inches in height other than flowers, shrubbery, garden vegetables, agricultural crops or trees.

Section 3.

Upon discovering a parcel of real estate on which weeds or other rank vegetation is growing, the Clerk—Treasurer shall notify in writing the owner or his agent upon which the weeds and rank vegetation are growing to cause such weeds and rank vegetation to be cut or destroyed within five (5) days of the service of the notice. For the purpose of this ordinance, an agent includes renters, lessees, land contract purchasers, managers and real estate brokers with whom a parcel is listed for sale, and service of notice shall be adequate if served upon any person occupying the premises, any representative of a broker with whom the property is listed for sale, or mailed to the record title holder at the address where tax statements are sent, such notice sent by first class mail.

Section 4.

Should any owner who has been notified pursuant to Section 3 herein fail, neglect or refuse to cause such weeds and rank vegetation to be cut and removed within five days after notice has been delivered or mailed, the Clerk- Treasurer shall direct the appropriate town employee of the Town to cut and remove such weeds and other vegetation.

After the weeds and other rank vegetation are cut or removed, the Clerk-Treasurer shall issue a bill to the owner or the agent of the owner as defined in Section 2 for $50.00 or the actual cost of the removal, whichever is greater. The Clerk-Treasurer shall keep a record of the billing and collect the same as it does other charges of the Town. The billing shall carry a notice that it is due 15 days after the date of the billing.

Section 5.

If the bill is not paid within 60 days, the Clerk-Treasurer shall record such obligation as a lien upon the real estate upon proper notification to the County Auditor and shall certify to the County Auditor the amount of the bill plus any additional administrative costs incurred in certification or recording. The County Auditor shall place the amount certified on the tax duplicate for the affected parcel and the total amount including any accrued interest shall be collected as delinquent taxes and shall be distributed to the General Fund of the Town of Millersburg as provided by Indiana Code 36-7-10.1-4.

Section 6.

In the event that a person receiving notification of violation of this ordinance believes that the vegetation growing on the property does not constitute a violation of the ordinance, such person nay request a hearing before the Town Council, which hearing shall be held within 15 days of the request, which shall be in writing and delivered to the Clerk-Treasurer’s Office. The Town Council shall enter a finding that the person notified is the owner or agent of the owner of the real estate, and whether the vegetation growing thereon is in violation of the ordinance. Such written notice shall be delivered within the time specified for the removal of the vegetation and if so delivered, the vegetation shall not be removed pending the hearing.

Section 7.

At the hearing before the Town Council, the person requesting the hearing may be represented by counsel, shall have the right to cross-examine the persons alleging the violation, to testify on their own behalf, and to bring in witnesses to testify for them and to obtain, prior to the hearing, the evidence that the Town will present to establish the violation.

If the Town Council determines that the vegetation growing on the parcel is “weeds and rank vegetation” as defined in Section 2, the owner or his agent shall have five days from the date of the hearing to remove t offending vegetation, and should the owner or agent fail, neglect or refuse to do so, the steps set out in Section 4 shall be followed.

Section 8.

This ordinance shall be in full force and effect from and after its publication as required by law.

ADOPTED by the Town Council of the Town of Millersburg this 5th day of November, 1994