HomeMy WebLinkAboutORDER 1413 bLACKWOOD cOURT BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY
CITY OF JEFFERSONIVLLE, INDIANA
IN RE THE MATTER OF:
1413 BLACKWOOD COURT
JEFFERSONVILLE, INDIANA PARCEL#: 10-21-01-000-385.000-009
ORDER
Comes now the City of Jeffersonville, by and through its Board of Public Works and Safety
("Board"), having reviewed the evidence and heard testimony in this matter on May 30, 2018, finds the
following:
1. The property located at 1413 Blackwood Court, Jeffersonville, Indiana ("Property")
contains bamboo, which has also grown or encroached onto adjacent property located at 1418 Dove Dr.,
Jeffersonville, Indiana.
2. The property owners, James & Lois Black ("Property Owners"), were cited by the Code
Enforcement for violation of 2010-OR-30, which in part states the following:
No owner of real property or other person with a substantial property interest shall allow
any growth of grass or weeds in excess of nine (9) inches in height upon his property. No
owner of real property shall allow the growth of rank vegetation on his property. A
property existing in violation of this standard constitutes a public nuisance.
3. The bamboo on the property is more than 20 feet tall. The Board has determined that
bamboo is an obnoxious plant and must be controlled or removed.
4. The property owners have been repeatedly cited for violations related to the growth of
the bamboo since 2016. Despite these citations, the property owners have failed to abate the bamboo.
5. The property owners were duly served notice by certified mail,with return receipt,of this
violation and right to appear at this hearing. The property owners appeared before the Board by their
attorney, Elliott D.Jeffery, 513 2"d St., Louisville, KY 40202.
IT IS HEREBY ORDERED by the Board as follows:
6. The Board has jurisdiction to adjudicate this matter as the Hearing Authority pursuant to
2010-OR-30 and I.C. 36-7-9.
7. The property owners are in violation of 2010-OR-30 as a result of the bamboo on their
property and adjacent property. Such growth constitutes rank vegetation and obnoxious weeds as
defined by 2010-OR-30 and a public nuisance.
8. The property owners shall remove the bamboo from its property and the adjacent
property located at 1418 Dove Dr., Jeffersonville, Indiana. Removal shall include the excavation of the
bamboo including its root system.
9. In the event the property fails to remove the bamboo within ten (10) days of this order,
the Board shall have the bamboo removed and excavated from the property and the property located at
1418 Dove Dr.,Jeffersonville, Indiana.
10. The property owners shall be responsible for the costs and expenses associated with the
Board's removal or excavation of the bamboo.
11. This is considered a final order from the date of its issuance and is subject to judicial
review pursuant to I.C. 36-7-9-8.
Dated this 30th day of May, 2018.
ii'
Mike Moore, ayor and Chair .f
Board of Public Works and Safety
ATT/$T:
1/1.2-elc
Vicki Conlin, Clerk
Tendered by:
Leslie D. Merkley
Corporation Counsel/Director of Legal Affairs
500 Quartermaster Ct., Suite 250
Jeffersonville, IN 47130
(812) 285-6423
Imerkley@gmail.com
Distributed to:
James and Lois Black
1413 Blackwood Ct.,
Jeffersonville, IN 47130
Elliott D.Jeffery, Esq.
513 2nd Street
Louisville, KY 40202
Leslie D. Merkley
(address above)