HomeMy WebLinkAbout2008-OR-43ORDINANCE N0.200&OR-y3
AN ORDINANCE TO CONTROL THE GROWTH OF WEEDS AND NOXIOUS
PLANTS
WHEREAS, in 2007 the Common Council of the City of Jeffersonville (the
"Council") adopted Ordinance NO. 2007-OR-7, An Ordinance to Control the Growth of
Weeds or Noxious Plans Within the City; and
WHEREAS, it is important to the public health, safety and welfare that the City
have an effective ordinance for controlling the growth of weeds and noxious plants;
All premises shall be maintained free from weeds or plant growth in excess of ten inches.
Weeds shall be defined as all grasses, annual plants and vegetation.
Cultivated flowers, prairie landscaping, gazdens, trees, shrubs, bushes, agricultural crops
such as hay, pasture, multi-acre parcels which do not abut residential uses or public
property, wooded areas or wetlands, or other ornamental plants are no[ included.
§93.40 Definition.
plams:
For the purposes of this chapter, the following aze deemed to be weeds or noxious
(1) Canada thistle (Cirsium arvense), at any height
(2) Johnson grass and Sorghum alumum (Sorghum halepense), at any
height
(3) Bur wcumber (Sicyous angularrhis), at any height
(4) Shattercane (Sorghum bicolor), at any height
(5) Grass in excess often (10) inches
(6) Columbus grass, (Sorghum Alum Parodji)
(7) Poison Ivy, Poison Oak, and Sumac
§93.41 Municipal Department Responsible for Administration.
Unless specifically stated elsewhere m this chapter, the Building Commissioner
will be responsible for the administration of actions taken under this chapter including,
but not limited to, the issuance of notices to landowners and other persons, the issuance
of certifications of cost to the County Auditor, and the administration of the appeals
procedure.
§93.42 Clearing Lots of Weeds, Noxious Plants Required; Nuisance.
Weeds and Plant Growth is:
a. Any developed parcel of land or yazd as defined by the Jeffersonville Zoning
Ordinance, which has weeds and plant growth exceeding ten inches in height and covers
more than 50% of the land or yazd; or
b. Any multi-acre parcel that excceds three (3) acres of undeveloped land or more,
excluding Agriculturally Zoned Property, which has weeds and plant growth excceding
ten inches in height shall be mowed a minimum of 50 feet from any residential use and
public property.
c. The growth of weeds or noxious plams that is injurious to public health and is a
nuisance.
§93.43 Inspection: Notice of Violation.
The Building Commissioner is entitled to enter upon the premises of any real
property within the city to determine compliance with this chapter. If the Building
Commissioner determines there is a violation of this ordinance, he shall (1) hand deliver
a notice to the owner of the real estate; and/or (2) send notice by first class mail to the
owner at the address listed with the Clark County Auditor's office or (3) conspicuously
post a written notice of violation(s) on the property requiring removal of the vegetation
within five (5) days. The notice must also inform the landowner that failure to comply
will result in the City removing the vegetation at the landowner's expense. The notice
must also inform the landowner of his/her right to appeal the Building Commissioner's
determination according to the procedure set out in §93.46, below. The Building
Commissioner will determine the identity of the landowner and the landowner's address
from the tax duplicate records of the Clazk County Auditor.
§93.44 Failure to Remove; Notice of Abatemeuf.
If the landowner fails to remove the vegetation within the time prescribed, the
Building Commissioner may cause the City or its agent to remove the vegetation. The
Building Commissioner must then prepare a certified statement of the actual costs the
City incurred in removing of the vegetation plus arty additional administration costs
incurred in the city's effort to enforce this ordinance. The certified statement of costs
must be delivered to the landowner of the property by certified mail at his/her last know
address as deteanined by the tax duplicate records of the Clark County Auditor. The
landowner must pay the amount specified in the certified statement to the Building
Commissioner or Clerk-Treasurer within ten (10) days after receiving the statement. If
the landowner fails to pay the amount within the required fune, a certified statement of
the landowner's failure to pay the cost will be filed with the office of the Clark County
Auditor. Pursuant to Indiana Code 36-7-10.1-4, the Auditor wilt then place the amount
claimed on the tax duplicate against the property affected by the work. The amount will
thereafter be collected and disbursed to the general fund of the City, as aze other property
taxes.
§93.45 Lien Upon Property/Definition of Owner.
OWNER Any person, agent, firm or corporation having a legal or equitable interest in
The property.
In addition to the above procedure, if any landowner, agent, firm or corporation
having a legal or equitable interest in said property, fails to remove weeds and noxious
plants within the time specified in the notice provided for in §93.43, above, and the city
or its agent must remove the vegetation, the Building Commissioner shall file with the
County Recorder a tax lien against the property to include all associated expenses
incurred, obtainable up to one (1) year from the date in which the first invoice was mailed
to the Owner. Any additional cost created by the necessity of the city having to cut or
remove such weeds or noxious plants, and to foreclose such lien, shall be added to the
cost of enforcing compliance with this ordinance.
§93.46 Notice of Appeal.
Any landowner may appeal to the Board of Pubhc Works and Safety with regard
to any action under this chapter. An appeal of the removal of weeds and noxious plants,
or the costs associated with the removal, must be submitted in writing and be received
within five (5) days of the initial notice of violation or within ten (10) days of receipt of
the certified statement of costs. The Board of Public Works and Safety will review an
appeal of any notice of violation or statement of cost under this chapter at its next
regulazly scheduled meeting.
TT IS HEREBY FURTHER ORDAINED that the Clerk and Treasurer of the
City of Jeffersonville must cause notice of the passage of this Ordinance to be published
in the Jeffersonville Evening News within thirty (30) days of its adoption.
TMs Ordinance shall be in full force and effect from and after its passage and approvat.
TMs Ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this day of ~tapl,.St 2008.
COMMON COUNCIL OF
THE CITY OF JF.FFERSONVII.LE,
INDIANA
By -.
'Chops .Galligan
Presi ' Officer
ATTEST: p ~
KeVV-i/
Peg ilder
Clerk-Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this ~9 day of~2008. n
~.1P~o +c7
Peg der
Clerk Treasurer
This Ordinance approved and signed by me this L day of ~ w~_ 2008.
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T omas R Galligan, y