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Home My WebLink AboutD-1557-02 Amend.Weed Ord.SPONSOR(S): Councilor Carter ORDINANCE NO. D-1557-02 AS AMENDED AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6, ARTICLE 5, DIVISION II, SECTION 6-88 OF THE CARMEL CITY CODE WHEREAS, the City of Carmel, Indiana, has enacted and codified as City Code Section 6-88 an ordinance regulating the control of weeds, debris and rank vegetation within the City limits; and WHEREAS, the Common Council now wishes to amend City Code Section 6-88 to more efficiently and effectively serve thc interests of thc public in controlling and abating weeds, debris and rank vegetation. NOW, THEREFORE, BE IT ORDAINED by thc Common Council of the City of Carmel, Indiana, as follows: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Chapter 6, Article 5, Division II, Section 6-88 of the Carmel City Code shall be and the same hereby is hereby amended to read as follows: "Sec. 6-88 Removal Of Rank Vegetation, Weeds and Debris. (a) Definitions: (i) "Debris" shall include the remains of something broken-down or destroyed. (ii) "Rank Vegetation" shall include Weeds or other vegetation that is vigorous in growth, shockingly conspicuous, malodorous and/or flagrant. (iii) "Weeds" shall include any plant that is not generally valued where it is growing, is of rank growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in the U.S. Department of Agriculture publication entitled "Common Weeds of the United States," or in any similar governmental publication. (b) It is a violation of this Section to have Weeds, Rank Vegetation and/or Debris on any real property ("Property") located within the City's corporate limits. (c) Each owner ("Landowner") of real property ("Property") located within the City shall cut and remove all Weeds and other Rank Vegetation growing thereon that exceeds an average height of six (6) inches, and shall keep their Property clear of Debris. Page One of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Carter (d) (e) (f) In the event of a violation of this Section, the Director of the City's Department of Community Services ("Director"), or his designee, or an officer of the City's Police or Fire Department, shall issue a written notice ("Violation Notice") to the violating Landowner. The Violation Notice shall identify the violation and order the Landowner to correct same within seven (7) calendar days from the date on which the Violation Notice is served on the Landowner ("Abatement Period"). Personal service, service by U. S. certified mail or any other manner of service recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the Landowner for purposes of this Section. Any Violation Notice issued pursuant to this Section may be appealed to the Carmel Board of Public Works and Safety ("Board") if written notice of appeal is served on the Director within seven (7) calendar days from the date on which the Violation Notice is served on the Landowner. The timely appeal of a Violation Notice shall toll the Abatement Period pending the issuance of a decision thereon by the Board. If the Landowner fails to timely abate each violation set forth in a Violation Notice, the Landowner shall be deemed to have granted permission to the City to enter the Landowner's Property for the limited purpose of cutting and/or removing such Debris, Weeds or Rank Vegetation located thereon and identified in the Violation Notice. In such case, the Director, or his designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the City in taking such action, and serve a copy of the invoice on the Landowner. The Landowner shall, within seven (7) calendar days from the date on which the Landowner is served with such invoice ("Payment Period"), pay in full the amount stated thereon to the City's Department of Community Services ("Department"). (g) Any invoice issued pursuant to this Section may be appealed to the Board if written notice of appeal is served on the Director within seven (7) calendar days from the date on which the invoice is served on the Landowner. The timely appeal of an invoice shall toll the Payment Period pending the issuance of a decision thereon by the Board. (h) If a Landowner fails to timely pay an invoice issued pursuant to this Section, the Director, or his designee, shall certify to the Hamilton County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of same. The Auditor shall place the total amount so certified on the tax duplicate for the Property at issue, 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 Carmel, Indiana. (i) The Board shall hear any timely requested appeal of a Notice Violation or invoice within thirty (30) calendar days following its receipt of same, and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The date on which the Board's decision is served on the Landowner shall thereafter become the first calendar day of the Abatement Period or Payment Period, as applicable. Ordinance No. D-1557-02 Page Two of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Carter Any person who violates any provision of this Section shall be subject to the General Penalties set forth in Section 1-11 of the Carmel City Code. Each day that a violation continues shall constitute a separate offense. (~0 The Carmel City Court shall be the court of proper venue and jurisdiction for the enforcement of this Section. This Section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof." Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed as of the effective date of this Ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 4. This Ordinance shall be in full force and effect from and after the latter of the date of its passage, the date it is signed by the Mayor or the date on which any notice requirement established by applicable law is fulfilled. i h ~ PASSED by the Common Council ofthe Cit. yofCarmel, Ind'ana, t is~0 dayof ~D ,2002, by a vote of 7 ayes and O nays. COMMON COUNCIL FOR TI-IE CITY OF CARMEL, Offi~r ~ Wayne R. X~ilson, President Pro Tempore j/R'~ld E. Ca~t;r ATTF, S~: , ~ ~ Diana L. Cordray, ~C, Clerk-~easurer ~. Koven.-'"-'D N. L. Rundle ~ Ordinance No. D-1557-02 Page Three of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney SPONSOR(S): Councilor Carter (L/Presented by r/ae~ the Mayor of the City of Carmel, Indiana, at ¢'-~z°~ o'clock _~.. on the ~t. day of '~[///~'cti,-~ ,2002. /"'! Diana ~. Co,dray, day of ^p y me, Mayor of the City of Carmel, Indiana, at/t9 t~ o o'clock ,2002. J~es Brainard, Mayor 4f. m. this /F-'// ATTEST.~ 2j~n eL2 NC~rDd~. :~; 7_(I~VI2 C' Clerk'~Ter Page Four of Four Pages Prepared by Douglas C. Haney, Carmel City Attorney