HomeMy Public PortalAbout036-2011 - General Ordinance - Amending RCC 94ORDINANCE 36-2011
A GENERAL ORDINANCE AMENDING SECTION 94.03 OF
THE RICHMOND CODE COMMONLY KNOWN AS THE WEED ORDINANCE
WHEREAS, Chapter 94 of Richmond Code regulates nuisances within the City of Richmond;
and
WHEREAS, Ordinances No. 67-1985, No. 63-1990, and No. 23-1993 were adopted pursuant
to provisions of the Indiana Code regarding the specific nuisance posed by
weeds and rank vegetation; and
WHEREAS, Under Chapter 94, Section 94.03 regulates the weeds and other rank vegetation
within the City of Richmond; and
WHEREAS; For the purpose of clarification, updating of fees, and to conform to the current
Indiana Code provisions, it is in the best interest of the City of Richmond to
amend Section 94.03 with modifications.
NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond
that current Section 94.03 of Chapter 94 of the Richmond City Code be modified as follows:
94.03 WEEDS
(a) Owners of real property located within the corporate limits of the City of
Richmond, Indiana, shall cut and remove weeds and other rank vegetation
growing on such property, including street parks and along alleys, unless such
vegetation is part of an established agricultural enterprise and is currently being
used for pasture or the production of hay.
(b) The Department of Metropolitan Development shall be responsible for the
administration of Section 94.03 of the Richmond Code.
(c) "Weeds" shall be defined as grass and other undesirable, unattractive or
unattended vegetation that are one (1) foot or higher.
(d) "Rank vegetation" shall defined as vegetation growing with excessive
luxuriance and vigor which is at least one (1) foot high or higher and/or
overgrown bushes, trees, shrubs, etc.
(e) Street parks shall be defined as the planted area between the curb and
sidewalk directly adjacent to a property.
(f) Weeds and other rank vegetation subject to removal under this code
provision shall be those weeds which are one (1) foot high or higher. All trash
and debris discovered when removing weeds and other rank vegetation must be
removed at the time of mowing. All cut weeds and other cut rank vegetation left
on sidewalks and/or streets must be removed.
(g) Any property owner who fails to remove weeds and other rank
vegetation, as defined in Section 94.03(c) and (d), shall be deemed to be in
violation of Section 94.03(a). Notice of violation by the Department of
Metropolitan Development shall be mailed to the property owner's address
shown on the records of the Wayne County Auditor by certified mail, return
receipt requested, or an equivalent service permitted under IC 1-1-7-1, to the
owner of record of real property with a single owner or to at least one (1) of the
owners of real property with multiple owners, at the last address of the owner for
the property as indicated in the records of the Wayne County Auditor on the date
of the notice. One letter within a calendar year shall be deemed sufficient notice
per each and every lot, parcel, and lands owned by the offender within the
corporate limits of the City in case of party's failure to comply with the terms of
Section 94.03(a). The City shall have the right to cut and remove weeds and rank
vegetation upon the property owner's failure to do so within ten (10) days after
the mailing of notice of violation.
(h) The Department of Metropolitan Development shall issue a bill to the
property owner at the address shown on the records of the Wayne County
Auditor. The bill shall include the actual cost incurred by the City either by using
its own employees or an independent contractor plus administrative costs.
Administrative costs of $35.00 shall be charged for the first cut order during a
calendar year. Second and subsequent cut orders during a calendar year shall
include the administrative cost of $50.00. If a property owner owns more than
one property, the property owner will be charged the administrative cost of
$35.00 for the first property cut and the administrative cost of $50.00 for each
and every lot, parcel and land subsequently cut during the calendar year. In
addition to the above, a property owner may be subject to a fine up to Twenty
Five Hundred Dollars ($2,500) per occurrence for violation of this section.
(i) In the event a property owner disputes a notice of violation issued under
Section 94.03(g) or a bill issued under Section 94.03(h), such property owner
may file a written appeal with the Board of Pubic Works and Safety for rescission
or adjustment of such notice or bill within fourteen days after the date of such
notice or bill.
0) If the property owner fails to pay a bill under Section 94.03(h) within thirty
(30) days, the Department of Metropolitan Development shall certify to the
Wayne County Auditor the amount of the bill plus an additional administrative
cost of $35.00 incurred in the certification. The Wayne County Auditor shall place
the total amount certified on the tax duplicate for the property affected, and the
total amount including any accrued interest, shall be collected as delinquent
taxes are collected and shall be disbursed to the general fund of the City of
Richmond as provided in Indiana Code 36-7-10.1-4.
(k) Should any paragraph, sentence, clause, or phrase of this Section be
properly declared unconstitutional or invalid for any reason, the remainder of said
Chapter shall not be affected thereby.
(Ordinance 67-1985; Ordinance 63-1990; Ordinance 23-1993; Ordinance 36-
2011)
This ordinance shall be in full force and take effect upon its passage. Passed and adopted this
18th day of July 2011, by the Common Council of the City of Richmond, Indiana.
S/S Diana Pappin President
(Diana Pappin)
ATTEST: S/S Karen Chasteen
Karen Chasteen, IAMC, MMC
City Clerk
PRESENTED to the Mayor of the City of Richmond, Indiana, this 19th day of July, 2011, at 9:00
a.m.
ATTEST: _S/S Karen Chasteen
Karen Chasteen, IAMC, MMC
City Clerk
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 19th day of
July, 2011, at 9:05 a.m.
_S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: S/S Karen Chasteen
Karen Chasteen, IAMC, MMC
City Clerk