HomeMy WebLinkAbout2007-OR-07
ORDINANCE NO. 2007 -OR- 7
AN ORDINANCE AMENDING ORDINANCE 99-0R-29
AN ORDINANCE TO CONTROL THE GROWTH OF WEEDS AND NOXIOUS
PLANTS
WHEREAS, in 1999 the Common Council of the City of Jeffersonville (the
"Council") adopted Ordinance No. 99-0R-29, An Ordinance to Control the
Growth of Weeds or Noxious Plants 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;
NOW, THEREFORE, IT IS HEREBY ORDAINED by the Council that S 93.40
Definitions be amended to include (6) Columbus grass (Sorghum Alum Parodi).
~93.40 Definition.
(l) 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
(6) Columbus grass, (Sorghum Alum Parodi)
(7) Poison Ivy, Poison Oak, and Sumac
As used in this chapter, "weeds and noxious plants" does not include agricultural
crops, such as hay, pasture, multi-acre parcels which do not abut residential uses,
wooded areas or wetlands.
~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 25 foot multi-acre strip ofland abutting a residential use, to
become overgrown with weeds or noxious plants to such an extent that the
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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 an
property within the cit to determine com liance with this cha ter.
Cornmissionel:4.et~c
a notice to t~~ 9~e..
owner at the address 1.st
post a written notic~o:fy!Ql:~..
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 993.46, below. The Building
Commissioner will determine the identity of the landowner and the landowne~'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 ofthe 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 ofthe 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 993.43, 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 ofthe City having to cut
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or remove such weeds or noxious plants, and foreclose such lien, may be added to the
cost of enforceing 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 Evening News within 30 days of its adoption.
This Ordinance shall be in full force and effect from and after its passage and
approval.
This ordinance shall be in full force and effect upon its adoption.
SO ORDAINED this '2.,( e
VILLE,
By:
~.
~~\O~_
Peggy Wild
Clerk- Treasurer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville
this 2f.22 day of 9-0 :nntwu 2007'C--0 . " "
pegg~~~f~rll)A {)(~
Clerk- Treas ~ j
This Ordinance approved and signed by me this ! mAl' 6
Robert L.
2007.
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