HomeMy Public PortalAbout2013-4 - AMENDMENT - ABATEMENT OF RANK VEGETATIONORDINANCE 2013 -4
AN ORDINANCE AMENDING SECTION 6 -70 OF THE GREENCASTLE CITY CODE
REGARDING
ABATEMENT OF RANK VEGETATION
WHEREAS, the state legislature amended LC. 36- 7- 10.1 -3 regarding abatement of rank vegetation in
municipalities. The amendment allows for a notice to be continual for the duration of the year in which the
initial notice was given. Once initial notice is given and abatement occurs, municipalities may post a continual
abatement notice at the property. No further notice is required for that year.
WHEREAS, adopting the language allowing continual abatement would significantly enhance the
City's ability to address rank vegetation problems within the City.
NOW THEREFORE, BE IT ORDAINED BY TIE COMMON COUNCIL OF THE CITY OF
GREENCASTLE that, Section 6 -70 and 6 -71 of the Greencastle City Code be amended as follows:
1. Section 6 -70 shall be replaced in its entirety and shall read as follows:
Sec. 6 -70 Determination of Violation; Notice of Violation.
a. Any department of the City or elected City Official who receives a complaint regarding an
environmental public nuisance on any property within the City shall forward that complaint to the
City Planner. An authorized employee shall visually inspect the property in question. If the
authorized employee determines that a violation exists, the City Plainer shall issue a notice of
violation to the owner and, in the City's sole discretion, to the occupant.
b. Notice of violation shall be issued by certified mail or equivalent service. Such notice shall state
the nature of the alleged rank vegetation violation and the action deemed necessary to correct the
condition, and shall fix a date, not sooner than fifteen (15) days from the date of the notice, when
the property will be reinspected. The notice shall inform the recipient that, if the condition is not
corrected upon reinspection, the City has the right to enter on the property to abate or correct the
condition and bill the recipient for costs incurred in so doing and /or to file a court action against
the recipient for ordinance violation. A notice to the occupant at the real estate or to the owner at
the address to which property tax statements are sent as these addresses are shown by the most
current records in the township assessor's office of the township in which the real estate is located
shall be sufficient notice under the subsection.
c. If an initial notice of the violation of an ordinance adopted under this section was provided by
certified mail or equivalent service, a continuous abatement notice may be posted at the property at
the time of abatement instead of by certified mail or equivalent service, as required under
subsection (b).
d. A continuous abatement notice serves as notice to the real property owner that each subsequent
violation during the same year for which the initial notice of the violation was provided may be
abated by the municipality or its contractors.
e. If, upon reinspection, it is determined that the rank vegetation has been abated, the recipient
shall not be liable for any charges under this chapter. (Ord. No. 1999 -17, 11- 9 -99).
2. Section 6 -71 f. 3 and 4 shall be replaced as follows. All other provisions of 6 -71 shall remain in
full force and effect.
ATTEST:
Adair Cohen
M. k N. Hammer
Terry Sm
Sec. 6 -71 Failure to Abate after Notice; Abatement by City; Court Action for Ordinance
Violation and /or Injunction; Court Action for Repeat Violation; Penalty.
f. 3. Unpaid costs become lien upon affected property; perfecting of lien. Upon the failure of the
owner who was sent a notice of violation and bill to pay the appropriate fees and charges within
the fifteen (15) day time period, the City shall have a lien upon the property on which the rank
vegetation was abated for the amount billed in accordance with the fee schedule listed above. In
addition, there will be a ten - dollar charge for services necessary in order to perfect such lien. Such
liens may be perfected in the following manner:
f. 4. Civil action to recover costs of abatement. Upon the failure of the recipient who was sent the
notice of violation and bill to pay the appropriate fees and charges within the fifteen (15) day
period, the Board of Works may bring a civil action in court against such recipient to recover the
amount billed, plus reasonable attorney's fees.
All other terms contained in Section 6 -70 and 6 -71 shall remain in full force and effect unless
specifically amended herein.
PASSED AND ADOPTED by the Common Council of the City of Greencastle, Indiana this Zo day
of (Yl, j , 2013.
unbar, Clerk- Treasurer
Approved and signed by me this ZG day of rY1A j
.m.
S
J(nsie S. Bingham
4 �
Phy1l okicki I
Sue Murray, Mayor
2013 at o'clock