ORDINANCE NO

ORDINANCE NO. 2007-014 AN ORDINANCE REGULATING THE REMOVAL OF GRASSES AND WEEDS FROM REAL ESTATE AND PROHIBITING THE ACCUMULATION OF GARBAGE, DEBRIS...
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ORDINANCE

NO. 2007-014

AN ORDINANCE REGULATING THE REMOVAL OF GRASSES AND WEEDS FROM REAL ESTATE AND PROHIBITING THE ACCUMULATION OF GARBAGE, DEBRIS, AND REFUSE ON PRIV ATE PROPERTY

BE IT ORDAINED BY THE TOWN COUNCIL INDIANA, AS FOLLOWS:

OF THE TOWN OF CULVER,

Section 1. It shall be the duty of the owner of any lot, part of a lot, or parcel of ground situated in the Town to cut, dig or remove from their real estate and the lawns abutting thereon any rank and noxious weeds or other rank and noxious vegetation that may be growing thereon during the period from April 1 to September 30 of each year. In all events, such weeds and vegetation shall be removed at least once during the months of April, May, June, July, August and September of each year. Section 2. Any owner of a lot, part of a lot, or parcel of ground who shall fail, neglect or refuse to cut or remove weeds and grasses designated in Section 1 above shall be subject to having such weeds removed by the Street Department after advance notice to the owner and an opportunity for the owner to cut or remove the weeds and grasses within a specified period of time, which shall be no less than five (5) days. Such notice shall be served by a law enforcement officer on the property owner if he is a resident, or by certified mail to his last known address if he is a non-resident. In the event that such weeds and grasses are not removed within the time specified in such notice, the Street Department shall remove the same at a cost of not less than Thirty-five Dollars ($35.00) per man hour and a minimum of Seventy Dollars ($70.00) per lot. Such charge for so cutting the weeds and grasses shall be a lien against the property of the owner and shall be placed on the tax records of the County. It shall be collected by the County Treasurer when other taxes are collected. After making the assessment, the Clerk-Treasurer shall send out a statement to the property owner of the amount due the said Town, the reason for the mowing of his weeds, and if the property owner does not pay such assessment within fifteen (15) days from the date of mailing such notice, then the certification shall be made to the Treasurer of the County for collection provided in this Ordinance. Section 3. At the end of each weed season, and not later than September 30, the Street Department shall prepare and file with the Clerk-Treasurer the names of all persons from whose lots weeds and grasses were cut by the Town giving the legal description of the lot and the names of the owners as they appear on the tax duplicate. The cost or penalty against such property shall be certified to the Auditor and Treasurer of the County and placed on the tax duplicates of the County and shall be collected as other taxes are collected and shall remain a lien against the property of such owners until the penalty is paid. After the payment of the second installment of taxes has been made and after the Treasurer of the County has completed his audit and accounting of such taxes and not later than November

30 of any year, the Treasurer of the County shall account and pay to the Clerk-Treasurer all such taxes so received and paid, which penalty shall be credited to the assessment against such owners as they appear on the records in the Clerk-Treasurer's Office. Section 4. No owner, occupant, tenant or any other person having a substantial interest in any real or personal property within the Town or any agent thereof shall permit or allow to remain on or within such property or upon public ways abutting such real property, any materials, trash, garbage, debris, or any other matter which is detrimental to public health, comfort, safety, or to the aesthetic well-being of the community. Section 5. The following conditions shall be considered to constitute public nuisances for the purpose of this Ordinance: (1)

litter;

(2)

fallen tree stumps, dead trees, cut brush, fallen or cut limbs;

(3)

boxes, appliances, household items, and tires;

(4)

demolition remains;

(5)

open excavations on covered or improperly covered holes, whether lined or unlined, ,and dirt piles in any open or unfenced real property within the Town;

(6)

accumulated garbage and trash;

(7)

automobile parts, disassembled automobiles, automobiles without engines, plumbing and piping materials and parts, scrap metal, unseaworthy or dilapidated boats, dilapidated, deteriorated or nonoperable jet skis, snowmobiles, motorcycles, bicycles, trailers or mopeds;

(8)

structures defaced with paint or wording;

(9)

any portion of real property or any personal property which emits an unwholesome odor;

(10)

any wastewater, garbage, rubbish, animal waste, or human excrement, which is deposited or allowed or caused to be upon public or private property;

(11)

any water or any other substance which is caused or permitted to flow onto or be deposited upon any public property or public way except natural surface water drainage;

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(12)

any dead animal or animal parts;

(13)

the erection of a dam or any other obstruction by a private party which prevents the natural flow of water and causes it to collect in pools upon any public property;

(14)

any real or personal property which is infected with contagious disease or is likely to cause an immediate health hazard;

(15)

the placing or accumulating on or within a real or personal property or the permitting of same with any matter which attracts or may attract rodents, insects, domestic or wild animals in such a manner as to create a health hazard or unsanitary or a dangerous condition;

(16)

any real or personal property used as a place of residence or habitation or for sleeping that is maintained in such a way as to be dangerous or detrimental to life or health due to lack of or defects in water, drainage, heat, electricity, plumbing, ventilation, or garbage or trash removal;

(17)

the storage of any explosive, combustible or other materials which creates a public safety or health hazard;

(18)

trees, shrubbery, weeds, snow or other matter obstructing public ways or causing visual barriers which create vehicular traffic or pedestrian traffic safety hazards;

(19)

trash or garbage containers left upon the sidewalk area between a street and sidewalk or the front or side yard except as permitted by this Ordinance for trash and garbage collection purposes; ,

(20)

any furniture not originally designed or manufactured solely for outdoor use or any furniture which was originally designed or manufactured for outdoor use which is now dilapidated or deteriorated.

Section 6. Upon discovering of or receiving any complaint regarding any public nuisance upon any real estate in the Town by any Town official, it shall be the duty of such Town official to notify the Town Marshal of the violation of this subchapter. It shall be the duty of the Town Marshal to notify the owner of such real estate in writing of his violation of this ordinance and demand, on behalf of the Town, the immediate removal thereof. In the event that the property owner fails to remove the nuisance within ten (10) days from the date of mailing the notice, the Town Marshall shall notify the Superintendent of the Street

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Deparhnent of the violation of this Ordinance and the Superintendent provided in this Ordinance.

shall proceed as

Section 7. Any owner of real estate within the Town who shall fail, neglect, or refuse to remove any nuisance found upon such real estate shall be subject to having such nuisance removed by the Street Deparhnent at a cost not less than Thirty-five Dollars ($35.00) per hour for each and every man hour expended by the Superintendent or the deparhnental employees in removing such nuisance with a minimum charge of Seventy Dollars ($70.00) per job. Further, such owner shall pay the cost of disposing of any tires, petroleum products, and/ or item or substance disposed of which is more costly than that of ordinary garbage or refuse. Such charge for so removing the nuisance shall be a lien against the real estate of the owner and shall be placed on the tax records of the county. Such lien shall be collected by the County Treasurer as other taxes are collected. However, after making the assessment of the cost, the Clerk-Treasurer shall send a written statement to the owner of the real estate setting forth the amount due the Town by reason of removing the nuisance from the real estate, and if the property owner does not pay such assessment within fifteen (15) days of the date of mailing of the notice, then certification shall be made by the Clerk-Treasurer to the County Treasurer and Auditor for collection as herein provided. Section 8. Within seven (7) days after any nuisance is removed from any real estate within the Town by the Superintendent of the Street Deparhnent, the Superintendent shall prepare and file with the Clerk-Treasurer the name of the owner and the real estate from which such nuisance was removed by the Town, giving a legal description of the real estate and the name of the owner as it 'appears on the County tax duplicates and the cost or penalty against the property for removal of the nuisance, all of which shall be certified by the Clerk-Treasurer to the Auditor and Treasurer of the County and by them placed on the tax duplicates of the County and collected as other taxes are collected. Such costs and penalties shall remain a lien against the real estate of such owner until they are paid. Section 9. After payment of the second installment of taxes has been made, and after the Treasurer of the County has completed the audit and accounting of such taxes and not later than November 30th of any year, the Treasurer of the County shall account and pay to the Clerk-Treasurer all such taxes, including the costs or penalties provided for in this subchapter so received and paid for the Town, which costs or penalties shall be credited to the assessment against such owner as they appear on the records in the Clerk-Treasurer' s Office. Section 10. In addition to the costs or penalties provided for in this Ordinance, the Clerk-Treasurer shall add an assessment of Thirty Dollars ($30.00) for the preparation and collection of such tax, which fund shall be used to pay the Recorder of the County a recording fee and a release fee as set by r.c. 36-2-7-10. The balance of such fund, if any, shall go into the General Fund of the Town to be used and expended as the Town Council shall direct and appropriate.

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PASSED and ADOPTED this

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,2007.

TOWN COUNCIL TOWNOFCUL E

By

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e:cl:ordinance-2007-014 -prohibiting garbage-debris-weeds

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