CHAPTER
47
WEED
AND VEGETATION CONTROL ORDINANCE
WHEREAS, weeds or other rank vegetation, when allowed to grow uncontrolled in unincorporated residential areas of Vigo County are unsightly, detrimental to property values and a hazard to health; and
WHEREAS, Indiana Code 36 - 7 - 10.1 allows for the legislative body of a county to pass an ordinance requiring owners of real property located, in unincorporated areas of their County to cut and remove weeds and other rank vegetation growing on said property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF VIGO COUNTY, INDIANA, AS FOLLOWS:
3 47.1
Title
This ordinance and all ordinances supplemental or amendatory thereto shall be known as the "Weed and Vegetation Control Ordinance".
3 47.2
Purpose
A. The purpose of this ordinance is to regulate and control the growth and require the cutting and removal of weeds or other rank vegetation on all parcels of real estate in unincorporated residential areas of Vigo County.
3 47.3
Declaration Of An Environmental Public Nuisance
3 47.3-a Weeds or other rank vegetation include but are not limited to:
3 47.3-a.1 Vegetation, trees or woody growth on private or governmental property which is abandoned, neglected, disregarded or not cut, mowed or otherwise removed and which has attained a height of twelve (12) inches of more;
3 47.3-a.2 Vegetation, trees or woody growth on private property which, due to its proximity to any governmental property, right-of-way or easement, interferes with public safety or lawful use of the governmental property right-of-way or easement.
3 47.3.b All weeds or other rank vegetation growing on parcels of real estate in unincorporated residential areas in Vigo County, and allowed to grow in excess of twelve (12) inches in height are hereby declared to be an environmental public nuisance.
3 47.4
Residential Areas Defined
A residential area shall be any two (2) or more adjoining parcels of real estate, used or intended for residential purposes, whether platted or unplatted, neither or none of which exceeds three (3) acres in size.
3 47.5
Cutting And Removal
All landowners of parcels of real estate in unincorporated residential areas of Vigo County defined above are hereby required to cut and remove from such real estate all weeds or other rank vegetation when the same exceed the limitations provided in Section 3 above.
3 47.6
Order To Remove
If weeds or other rank vegetation are found to be growing in violation of the provisions of this ordinance by the Board of Commissioners, the Board of Commissioners shall direct the Vigo County Auditor to give written notice to the landowner upon whose property such weeds or other rank vegetation are growing, stating that such landowner is required to cut and remove such weeds or other rank vegetation growing on such property within five (5) days from the date of service of such notice. Such notice shall refer to this ordinance and shall also state that if such landowner does not comply with the requirements of such notice, the Board of Commissioners may cause such weeds or other rank vegetation to be cut and removed and the actual cost thereof incurred by the County shall be paid by the landowner, and shall further state that if not paid within ten (10) days after the landowner has been served with a statement of the cost thereof, the Vigo County Auditor shall place the amount claimed on the tax duplicate against such property affected by the work, and the amount shall be collected as taxes are collected.
3 47.7
Service Of Notice
The notice required to be given under Section 6 above shall be served upon the landowner by a law enforcement officer of Vigo County if the landowner is a resident of said property, or if the landowner is a nonresident thereof then by registered mail addressed to his last known address, as currently shown on the property tax records of Vigo County.
3 47.8
Cutting And Remove By County
If the landowner has been notified under the provisions of Section 6 and 7 above but has failed to comply with the requirements of this ordinance within the time specified, the Board of Commissioners may cause such weeds or other rank vegetation to be cut and removed.
3 47.9
Appeal
3 47.9-a The landowner may appeal an order to remove weeds or other rank vegetation found growing on his property, he shall have five (5) days from the date of service of such notice upon him to appeal, in writing, to the Board of Commissioners requesting a hearing.
3 47.9-b The Board of Commissioners shall conduct a hearing within ten (10) days of the date of receipt of such appeal.
3 47.10
Collection Of Costs
The Vigo County Auditor shall make a certified statement of the actual cost incurred by the County for the cutting and removal of such weeds or other rank vegetation under the provisions of Section 8 above. Such statement shall be delivered to such landowner by a law enforcement officer of the County, or
by registered mail, and the landowner shall pay such amount to the Vigo County Auditor. If the landowner fails to pay such amount within ten (10) days after service being served with such statement, a certified copy of such statement shall be filed in the Office of the Vigo County Auditor and the Vigo County Auditor shall place the amount claimed on the tax duplicate against the
property affected by such work, and such amount shall be collected as taxes are collected and shall be disbursed to a special non-reverting fund in Vigo County.
3 47.11
Severability
If any part of this ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not effect the remaining parts of this ordinance.
3 47.12
Effective Date
This ordinance shall be in full force and effect from and after its passage and adoption by the Board of Commissioners.
PASSED AND ADOPTED BY THE BOARD OF COMMISSIONERS OF VIGO COUNTY, INDIANA, on this 26 day of August, 1991.
Signatory, James E. Adams
James E. Adams, President
Signatory, P. James Diehl
P. James Diehl, Commissioner
Signatory, John A. Scott
John A. Scott, Commissioner
ATTEST:
Signatory, Kenneth R. Thomas
Kenneth R. Thomas, Auditor