HomeMy Public PortalAbout013-2018 - General - Amending Section 94.03 - WeedsCOMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA
AMENDED ORDINANCE 13-2018
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, No. 23-1993, No. 36-2011, and No. 13-
2015 were adopted pursuant to provisions of the Indiana Code regarding the
specific nuisance posed by weeds and rank vegetation; and
WHEREAS, Richmond City Code ("RCC") Chapter 94, Section 94.03 regulates the weeds and
other rank vegetation within the City of Richmond; and
WHEREAS, For the purpose of updating Code Section 94.03, 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 shall 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, improved sidewalks 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 Me#repelltan Infrastructure and 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) feet eight (8) inches high or higher.
(d) "Rank vegetation" shall be defined as vegetation growing with excessive
luxuriance and vigor which is at least one-(1) feet eight (8) inches high or higher
and/or overgrown bushes, trees, shrubs, etc. and may also be defined as dead
bushes, trees, shrubs, and/or weeds.
(e) "Street parks" shall be defined as the planted area between the curb and
sidewalk directly adjacent to a property.
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I.
(f) "Improved sidewalks" shall be defined as sidewalks abutting any lot or
land of an owner or occupant.
(g) "Continuous Abatement Notice" shall be defined as a notice that:
(1) is issued for compliance or abatement and that
remains in full force and effect on a property without further
requirements to seek additional compliance and abatement
authority; or seek additional orders for the same or similar
violations; and
(2) authorizes specific ongoing compliance and
enforcement activities if a property requires re -inspection or
additional periodic abatement; and
(3) can be enforced, including assessment of fees and
costs, without the need for additional notice or hearing; and
(4) authorizes the Department of MetFepektae
Infrastructure and Development to assess and collect ongoing
costs for continuous abatement notice activities from any party
that is subject to the Department's notice.
(h) Weeds and other rank vegetation subject to removal under this code
provision shall be those which are one (1) feet eight (8) inches 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. Property owner
must maintain trees and shrubs within the minimum height clearance
requirements of eight (8) feet over sidewalks and street parks and within the
minimum height clearance requirements of fourteen (14) feet over streets and
alleys.
(i) 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) and may be issued a continuous abatement notice as set forth
in this Section. Notice of violation by the Department of Metrepel+tae
Infrastructure and Development shall be mailed to the property owner's address
shown on the records of the Wayne County Auditor by the method required by
Indiana Code 36-7-10.1-3, 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 for 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. A continuous abatement notice may be posted
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at the property at the time of abatement in the event the City initially obtains
service upon the property owner as required by IC 36-7-10.1-3. Said continuous
abatement notice shall serve as notice to the real property owner that each
subsequent violation during the same calendar year for which the initial notice of
the violation was provided may be abated by the City or its contractors.
0) The Department of Metmpelitan Infrastructure and 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 penalties.
Penalties of $35.00 $70.00 shall be charged for the first cut order during a
calendar year. Second and subsequent cut orders during a calendar year shall
include the penalty of $50-00 $100.00. If a property owner owns more than one
property, the property owner will be charged the penalty of $36.00 $70.00 for the
first property cut and the penalty of $50.00 $100.00 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 Two Thousand Five Hundred
Dollars ($2,500) per occurrence for violation of this section.
(k) In the event a property owner disputes a notice of violation issued under
Section 94.03(i) or a bill issued under Section 94.030), such property owner may
file a written appeal with the Board of Public Works and Safety for rescission or
adjustment of such notice or bill within fourteen (14) days after the date of such
notice or bill.
(1) If the property owner fails to pay a bill under Section 94.03(h) within
fifteen (15) days, the Department of MetfepelitaR Infrastructure and Development
shall certify to the Wayne County Auditor the amount of the bill plus an additional
administrative cost of $60.00 $70.00 (of which, $15.00 $25.00 will be retained by
Wayne County Government) 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.
(m) 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. In the event the provisions of this
Ordinance conflict with the provisions of Indiana Code 36-7-10.1-1 et seq.
including any amendments, the provisions of the Indiana Code 36-7-10.1-1 et
seq. shall be controlling. This Ordinance is not intended to interfere with,
abrogate, or annul any other Ordinance, rule, regulation, statute, or other
provision of the law. The requirements of this Ordinance should be considered
minimum requirements, and where any provision of this Ordinance imposes
restrictions different from those imposed by any other Ordinance, rule, regulation,
or other provision of law, the more restrictive provisions or those provisions that
impose higher protective standards for human health or the environment, shall be
considered to take precedence. (Ordinance 67-1985; Ordinance 63-1991;
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Ordinance 23-1993; Ordinance 36-2011, Ordinance 13-2015, Ordinance 13-
2018)
This ordinance shall be in full force and take effect upon its passage. Passed and adopted this -Z (La
day of 2018, by the Common Council of the City of Richmond, Indiana.
President
(J opeman
ATTE T:
(Karen Chasteen, IAMC, MMC)
Indiana this d of 2018
PRESENTED to the Mayor of the City of Richmond, ay ,
at 9:00 a.m.
k
(Karen Chasteen, IAMC, MMC)
APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this day of
2018, ate 0 � OA
Mayor
(Dav � M., ow)
i
ATTEST:
(Karen Chasteen, IAMC, MC)
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