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Home My WebLink AboutD-1246-96 Weed ViolationOrdinance No. D-1246-96 AN ORDINANCE OF THE COMMON COUNCIl, OF THE CITY OF CARMEL, INDIANA AMENDING CITY CODE SECTION 6-88, REMOVAL OF WEEDS, DEBRIS, AND OTHER SUCH RANK VEGETATION. WHEREAS, the City of Carmel enacted and codified an Ordinance regulating the control of weeds, debris, and other such rank vegetation within the City of Carreel; and WHEREAS, I.C. 36-1-3-6(b)(1) sets forth the methodby which the City of Carreel may prescribe a specific manner for regulating the removal of weeds, debris and other such rank vegetation; and WHEREAS, it is in the best interest of the ckizens of the City of Carmel that Cannel City Code section 6-88, entitled "Kernoval of Weeds, Debris, and Other Such Rank Vegetation" be repealed in its entirety and replaced with the language contained herein. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Cannel, Indiana that Chapter 6, Article 5, Division II, Section 6-88 shall be mended to read as follows: Sec. 6-88 Removal of Weeds, Debris, and Other Such Rank Vegetation. Section I (a) Definitions: "Rank Vegetation" shall include those weeds and growing vegetation which is excessively vigorous in growth, shockingly conspicuous, malodorous, or flagrant. "Weeds" shall include any plant that is not valued where it is growing and is of rank growth, especially one that tends to overgrow or choke out more desirable plants. "Debris" shall include the remains of something broken-down or destroyed. (b) All owners of real estate located within the City of Carreel C'landowner") shall cut and remove Weeds and other Rank Vegetation growing thereon and shall keep their property clear of Debris. (c) Violation of this Ordinance shall occur at such time as the Weeds or Rank Vegetation have grown to an average height of eight (8) or more inches. (d) In the event of a violation of this Ordinance, the Director of the Department of Community Services and/or his designee, the City Engineer, or an officer of the Carmel Fire Department shall issue a written notice ("Violation Notice") to the violating landowner. The Violation Notice shall order landowner to correct the violation by removal of such Debris, Weeds, or other Rank Vegetation within seven (7) business days from mailing or hand delivery of the Violation Notice C'Abatement Period"). Such notice may be served either personally on the owner or sent by certified mail with a remm receipt requested. If the landowner is a nonresident of the City of Carrnel, notice shall be sent to landowner' s last known address. (e) Any Violation Notice issued under this Ordinance may be appealed to the Board of Public Works and Safety if notice of appeal is given to the Clerk-Treasurer within seven (7) business days of the landowner' s receipt or refusal of the Violation Notice. (f) If the landowner fails to abate the violation, or has failed to pursue an appeal pursuant to (d) and (e) above, the landowner shall be deemed to have granted permission to the respective city official to cause a designee of the City of Carmel to enter the real property for the limited purpose of cutting and/or removing such Debris, Weeds or Rank Vegetation. (g) The Clerk-Treasurer shall make a certified statement of the actual cost incurred by the City of Carreel in such cutting and removal, and issue a bill for such costs, including administrative costs and removal costs, which bill shall be delivered to the landowner either by hand or by certified mail return receipt requested. The landowner shall, within ten (10) business days from mailing or hand delivery of such bill, pay the amount due at the Clerk-Treasurer' s office. Any bill issued under this Ordinance may be appealed to the Board of Public Works and Safety if notice of appeal is given to the Clerk-Treasurer within ten (10) business days from mailing or hand delivery. (i) If the landowner fails to pay a bill issued under this Ordinance within the time specified, or fails to pursue an appeal pursuant to (h) above, the Clerk-Treasurer shall certify to the county auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The 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 Carreel. (j) The Board of Public Works and Safety shall hear any properly requested appeal at a regularly scheduled meeting within fifteen (15) business days following receipt of such appeal request and shall make a determination at the meeting at which it hears the appeal or at its subsequent regularly scheduled meeting. (k) Any person who violates any provision of this Ordinance shall be subject to the General Penalties set forth in Section 1-11 of the Carmel City Code. Each day that a violation continues after the expiration of the Abatement Period shall constitute a separate offense pursuant to Section 1-1 l(b) of the Carreel City Code. Section II All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section 1/I This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and satisfaction of any notice requirements. PASSED AND ADOPTED by the Common Council of th City of Carmel, Indiana this ~'] day of/~ .~i-~,t/-~r-/~, 1996. , , ~~ / Diana L. Cordray, Cl~rk-(r~~r Presented to the Mayor of the City of Carreel this o'clock. ~_ ~ z'C~ames Briinard, M~yor ATTEST: Diana L. Cordray, Cle weeds ord day of ._.~/9~m ~ , 1996 at ·/Governnment Unit / /&c/'r~ / '//c~/v County, Indiana General Form No. 99P (Revised 1995) PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of type in which the body of the advertisement is set) -- number of equivalent lines ............. Head -- number of lines ................................ . Body -- number of lines .................................. Tail -- number of lines .................................. Total number of lines in notice ........................... COMPUTATION OF CHARGES /°F~? lines, / coluRine wide equals /ap~ equivalent lines at ~ ,,2o~/cents per line ................................... $ ,¢/ Additional charge for notices containing rule or tabular work (50 percent of above amount) ............ , .................... Charge for extra proofs of publication ($1.00 for each proof in excess of two) ........................................ TOTAL AMOUNT OF CLAIM ........................... $ DATA FOR COMPUTING COST Width of single column ~ Number of insertions / Size of type ~> point eros Pursuant to the provisions and penalties of Chapter 155, Acts 1953, I hereby certify that the foregoing account isJust and correct, that the amount claimed State of Indiana Hamilton County PUBLISHER'S AFFIDAVIT WHEREAS, the City of Carmel enacted and cedifled an Ordinance regulating the control of weeds. I debris. and other such rank vegeta- r tlon within the CIty of Carmsl; and , WHEREAS, I.C. 36-1-3-6Co)(1)~ sets forth the method by which the ~ MOTHER has openings avail. City of Carrnd*, may prescribe a'I M-F, 6am-6pm. CPR & First Aid spedtic manner for regulating the ! cert. Low rates. Meals & snacks removal of weed~, debris and other provided. 776-1126 such rank vegetation; and ' ,. '. · WHEREAS, It is in the best ,, Personally appeared before me, a notary public in and for said county and ~Ordinance No. D-1246-96 ,' ~ - te. the undersigned David A. Lewis who, being duly sworn, says that he AN ORDINANCE OF THE .... ~ 4~ '..4~" :"' ie Daily Ledger a daily newspaper ofgeneral circulation print- COMMON COUNCIL OF THE 'i"_ CITY OF CARMEL. INDIANA -' AMENDING CITY CODE ~in the English language in the town of Fishers in state and SECTION 6-88. REMOVAL OF '~8~ ' $JoBn9 rand that tl'~e printed matter atljached hereto is a true copy, WEEDS. DEBRIS. ANDOTHER [ '--::..":~.7-,T;,.;. ......... ~blished in said paper for / tinge the dates of pub- SUCH RANK VEGETATION. ' LICENSED DAYCARE Morse Park Estates, M-F3]]O~.VS; Affordable rates. Toddlers & up. 773-8670 ask for Monica or I~ Z msg. ' ' ~ -(V"" My coznn~ission expires: Resident of