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Home My Public Portal About013-2015 - Weed OrdinanceWMON COUNCIL OF THE CITY OF RICHMOND, INDIANA ORDINANCE 13-2015 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, and No. 36-2011 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 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, 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 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 be 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. 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. (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 Metropolitan Development to assess and collect ongoing costs for continuous abatement notice activities from any party that is subject to the Department's notice. (h) (fy 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. 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) W 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 Metropolitan 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 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) N 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 Tweet • Five Hundred Two Thousand Five Hundred Dollars ($2,500) per occurrence for violation of this section. (k) (4 In the event a property owner disputes a notice of violation issued under Section 94.03(i) W or a bill issued under Section 94.030) (#), 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 (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 #h+Fty--(30) fifteen (15) 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 $60.00 (of which, $16.00 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. 4. (m) (.I) 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; Ordinance 23-1993; Ordinance 36-2011, Ordinance 13-2015) This ordinance all be In 1 force and take effect upon its passage. Passed and adopted this day of 2015, by the Common Council of the City of Richmond, Indiana. t,, &rt 6 4 - , President (Ron Oler, Ph.D.) AT" (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this day of 2015, at 9:00 a.m. rk (Karen Chasteen, IAMC, MMC) APPRO D by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this d" _ day of L , 2015, at 9:05 a.m. Mayor (Sarah L. Hutton) AT (Karen Chasteen, IAMC, MMC)