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Home My Public Portal About067-1985- AMENDING SECTION 94.03 AS IT APPLIES TO REMOVAL OF WEEDS AND RANK VEGETATIONAMENDED ORDINANCE NO. 67-1985 AN ORDINANCE AMENDING SECTION 94.03 OF THE RICHMOND CITY CODE AS IT APPLIES TO THE REMOVAL OF WEEDS AND RANK VEGETATION AND PROVIDING FOR A PENALTY IN ADDITION TO COSTS OF REMOVAL. WHEREAS, Indiana Code, I.C. 36-7-10-3 provides for the adoption of a procedure for the removal of weeds or other rank vegetation; and WHEREAS, it has been demonstrated that most violators of the current provisions of the City Code providing for the removal of weeds and other rank vegetation are repeat offenders; and WHEREAS, there is a need to provide for a penalty to enforce the cutting of weeds and other rank vegetation, in addition to the recovery of costs and expenses incurred as a result of the enforcement of the ordinance on weeds and rank vegetation; and WHEREAS, it is the responsibility of an owner of real property to provide for the maintenance of real property under his, her or its ownership. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Wayne County, Indiana, that Section 94.03 of the Richmond City Code be amended to provide as follows: SECTION 94.03 (A) shall be amended as follows: (A) The City of Richmond hereby adopts the provisions of Indiana Code, 36-7-10-3, and any changes subsequently made to that statute by the Indiana Legislature. SECTION 94.03 (B) shall be amended as follows: (A) The owner of lots, lands, and parcels of ground within the city shall remove or cause to be removed rocks, stones, debris, trash, and foundation remnants and to cut, remove, and keep under control all weeds and rank vegetation growing on their premises and who fails to remove weeds and other rank vegetation growing on their premises and on the alleys and street parks adjacent thereto. Any property owner who fails to remove weeds and other rank vegetation within five days after notification by the Board of Public Works and Safety or its appointed enforcement officer shall be deemed to be in violation of this section. Notification of a violation may be by certified mail, return receipt requested, or may be served upon the owner by an appointed enforcement officer. One letter within a calendar year shall be deemed by Council to be 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 this section, the City, through such department as authorized by the Board of Public Works and Safety, shall have the right to remove, or cause to be removed, rocks, stones, debris, trash and foundation remnants, and cut and remove weeds and rank vegetation. The itemized bill may be sent to the owner by certified mail, return receipt requested, or may be served upon the owner by an appointed enforcement officer, and the owner shall have ten days from the date of receipt of notification to pay the amount to the City of Richmond. SECTION 94.03 (C) shall be added as follows: (C) If the landowner fails to .pay the sum within the time prescribed, a certified copy of the statement of costs, doubled, shall be filed in the auditor's office of the county wherein the real estate is located. The auditor shall place the amount claimed on the tax duplicate against the lands of the landowner affected by the work, and the amount shall be collected as taxes are collected, and when collected shall be disbursed to the general fund of the city. SECTION 94.03 (D) shall be added as follows: (D) In the event a landowner shall fail to keep weeds and rank vegetation cut and under control, and the City must cut or remove such weeds and rank vegetation twice or more within a four (4) weed period, or if the landowner permits weeds and rank vegetation to accumulate to a height of a least one and a half feet, the landowner shall be subject to a fine of not more than fifty ($50.00) dollars for each and every day the offense continues. Such fie shall be in addition to any costs and expenses incurred or assessed as a result of such removal. This Ordinance shall be effective January 1, 1986. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this 1g'-4 day of , 1985. President of Common Council ATTEST: /!I8jq.%%riti��iCy��l .cam City Cle PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day of J , 1985. ly - C� d City Cligrk APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this day of� /c mac_ 1985. Mayor ATTEST:' %- ? ('��z,� i�Gei1�, City DISPOSITION OF ORDINANCE NO.67-i98.5 by Common Council RESOLUTI NO. ILSTRO NWIM VNITISIL FARK lfWJX1 - WM NILLIANS DATE__ Susp.rules 1st read Title only ... .... ..... .... .. ... ... .. ... ., Proof of Publication Seconded ................ .... ..... .... ., ... ... ............... move to Znd reading Second................ ...... . ............ .. Engrossment Seconded...,... Susp. rules 3rd Reading Seconded ............... ... .... ..... .... ... .. Passage .. Rejection �' ... DATE PASSED; COMMITTEE ASSIGNMENTS: Committee Date Committee Hearing Date____ Reassigned to Council Agenda PUBLICATION DATES: AMENDMENTS COMENTS NOTICE OF BEARING ON ORDINANCE NO. 67-1985 Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 4th day of November, 1985 at 7:30 P.M. in the Council Chambers of the Richmond Municipal Building on Ordinance No. 67-1985 - AN ORDINANCE AMENDING SECTION 94.03 OF THE RICIMOND CITY CODE AS IT APPLIES TO THE REMOVAL OF WEEDS AND RANK VEGETATION AND PROVIDING FOR A PENALTY IN ADDITION TO COSTS OF REMVOAL. Mary Metchanthouse City Clerk Post. Date: October 24, 1985 STATE OF INDIANA ) SS PROOF OF POSTING FOR PUBLIC HEARING COUNTY OF WAYNE ') Mary Merchanthouse, City Clerk, being first duly sworn upon her oath disposes and says: That she did, on the 24th day of October, 1985, post in four (4) public places a copy of the Notice of Hearing for Ordinance No. 67-1985. Said public hearing to be held on November 4, 1985 at 7:30 P.M. Said Notice was in the form attached hereto, ans was posted in the following places: 1. Municipal Building 2. Wayne County Courthouse 3. Promenade 4. Post Office CityCleft Subscribed and sworn to before me, a Notary Public in and for said County and State, this 23rd day of October, 1985. Carol E. Brady, Norary Polic Resident of Wayne County, Indiana My Cammission lExpires:�/�� STATE OF INDIANA ) SS PROOF OF POSTING FOR PUBLIC HEARING COUNTY OF WAYNE ) Mary Merchanthouse, City Clerk, being first duly sworn upon her oath disposes and says: That she did, on the 24th day of October, 1985, post in four (4) public places a copy of the Notice of Hearing for Ordinance No. 67-1985. Said public hearing to be held on November 4, 1985 at 7:30 P.M. Said Notice was in the form attached hereto, ans was posted in the following places: 1. Municipal Building 2. Wayne County Courthouse 3. Promenade 4. Post Officer City Cle Subscribed and sworn to before me, a Notary Public in and for said County and State, this 23rd day of October, 1985. Carol E. Brady, Norary . is Resident of Wayne County, Indiana My Cawnission Expires: /�� NOTICE OF HEARING ON ORDINANCE NO. 67-1985 Notice is hereby given that the Common Council of the City of Richmond, Wayne County, Indiana, will hold a public hearing on the 4th day of November, 1985 at 7:30 P.M. in the Council Chambers of the Richmond Municipal Building on Ordinance No. 67-1985 - AN ORDINANCE AMENDING SECTION 94.03 OF THE RICHMOND CITY CODE AS IT APPLIES TO THE REMOVAL OF WEEDS AND RANK VEGETATION AND PROVIDING FOR A PENALTY IN ADDITION TO COSTS OF REMVOAL. A ice. Mary Me cha house City Clerk Post Date: October 24, 1985