§ 36-7-10.1-3 — Ordinance; notice requirement

Indiana § 36-7-10.1-3

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 10.1: Removal of Weeds and Rank Vegetation

Text

(a) The legislative body of a municipality or
county may by ordinance require the owners of real property located
within the municipality or the unincorporated area of the county to cut
and remove weeds and other rank vegetation growing on the property.
As used in this chapter, "weeds and other rank vegetation" does not
include agricultural crops, such as hay and pasture.
(b) An ordinance adopted under subsection (a) must specify the
following:
(1) The department of the municipality or county responsible for
the administration of the ordinance.
(2) The definitions of weeds and rank vegetation.
(3) The height at which weeds or rank vegetation becomes a
violation of the ordinance, specifying the appropriate heights for
various types of weeds and rank vegetation.
(4) The procedure for issuing notice to the owner of real property
of a violation of the ordinance, including any procedures for
issuing a continuous abatement notice under subsection (d).
(5) The procedure under which the municipality or county, or its
contractors, may enter real property to abate a violation of the
ordinance if the owner fails to abate the violation.
(6) The procedure for issuing a bill to the owner of real property
for the costs incurred by the municipality or county in abating the
violation, including administrative costs and removal costs. The
cost of sending notice under subsection (c) is an administrative
cost that may be billed to the owner under this subdivision.
(7) The procedure for appealing a notice of violation or a bill
issued under the ordinance.
(c) An ordinance adopted under subsection (a) must provide that a
notice sent to the property owner must be sent by first class mail or an
equivalent service permitted under IC 1-1-7-1, to:
(1) the owner of record of real property with a single owner; or
(2) 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 county auditor on the date of the notice.
(d) If an initial notice of the violation of an ordinance adopted under
this section was provided by certified mail, first class mail, or
equivalent service under subsection (c), a continuous abatement notice
may be posted at the property at the time of abatement instead of by
certified mail, first class mail, or equivalent service as required under
subsection (c). 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 county, or its contractors.

Legislative History

As added by P.L.89-1991, SEC.3. Amended by P.L.113-2010, SEC.130; P.L.137-2012, SEC.119; P.L.203-2013, SEC.28.