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HomeMy WebLinkAbout1999-OR-29 ORDINANCE NO. 99-OR- AN ORDINANCE TO CONTROL THE GROWTH OF WEEDS AND NOXIOUS PLANTS WHEREAS, in 1983 the Common Council of the City of Jeffersonville (the "Council") adopted Ordinance No. 83-OR-17, An Ordinance to Control the Growth of Weeds or Noxious Plants Within the City; and WHEREAS, Ordinance No. 83-OR-17 no longer comports with the relevant sections of the Indiana Code; 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; NOW, THEREFORE, IT IS HEREBY ORDAINED by the Council that the provisions of Ordinance No. 83-OR-17, codified as §93.40 through §93.42 of the Jeffersonville Municipal Code, are repealed and the following provisions are adopted: §93.40 Definition. For the purposes of this chapter, the following are deemed to be weeds or noxious plants: (1) Canada thistle (Cirsium arvense), at any height (2) Johnson grass and Sorghum alumum (Sorghum halepense), at any height (3) Bur cucumber (Sicyos angulantus), at any height (4) Shattercane (Sorghum bicolor), at any height (5) Grass in excess of eight (8) inches tall As used in this chapter, "weeds and noxious plants" does not include agricultural crops, such as hay and pasture. §93.41 Municipal Department Responsible for Administration. Unless specifically stated elsewhere in 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. (A) The owner of any lot or parcel of real estate within the city may not allow the real estate, or any alley or sidewalk abutting the real estate, to become overgrown with weeds or noxious plants to such an extent that the overgrowth, in the Building Commissioner's opinion, is detrimental to the public health. (B) The growth of weeds or noxious plants 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 may send, by certified mail, a written notice to the owner(s) of the real estate and all other persons holding a substantial interest in the real estate (hereinafter collectively "the landowner"), 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 Clark County Auditor. §93.44 Failure to Remove; Notice of Abatement. 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 any 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 known address as determined 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 time, 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 36-7-10.0-4, the Auditor will 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 are other property taxes. §93.45 Lien Upon Property. In addition to the above procedure, if the landowner 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 may file with the County Recorder a lien against the property, which lien may be foreclosed as are other similar liens. Any additional cost created by the necessity of the City having to cut or remove such weeds or noxious plants, and foreclose such lien, may be added to the cost of enforoeing compliance with this ordinance. §93.46 Notice of Appeal. Any landowner may appeal to the Board of Public 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 & Safety will review an appeal of any notice of violation or statement of costs under this chapter at its next regularly scheduled meeting. IT 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 Evenin.q News within 30 days of its adoption. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this ~y of _,~.~' , 199~_. t ynomas R. Ga igan~ ~ Presiding Officer ATTEST: C. R~ard Spencer; Clerk and Treasurer~ Presented by me as Clerk and Treasurer to the Mayor of said City of Jeffersonvillethis ~.~ayof ,~¢,~ , 199¢~_. C. R~Rard Spen(~er,~r. ~/ ' Clerk and Treasured/ This Ordinance approved and signed by me this ._~_~-~day of