AMENDMENT
TO N0.12-963
WHEREAS,
the Board of Trustee of the Town of Odon previously passed Ordinance NO. 12-963
on the 18th day of November 1996, titled an Ordinance Regarding
Removal of Weeds Et. AI.:, To Wit;
WHEREAS,
the Town Board now wishes to change Section 2 of said Ordinance where in the
enforcement of said Ordinance was designated to the Odon Street Commissioner;
and WHEREAS. Section 2 is now to be amended to give the enforcement to the Odon
Town Board.
NOW
THEREFORE BE IT ORDAINED that Section 2 of Ordinance No. 12-963, shall be
changed and the enforcement of said Ordinance shall be given to the Board of the
Town of Odon or their designate and Section 2 shall be so amended to reflect
this amendment.
Ralph
Quarles
Ronald
Bell
Richard
Cottrell
ATTEST:
Opal McDannald, Clerk-Treasurer
ORDINANCE NO.
12-963
REMOVAL OF WEEDS, RANK VEGETATION,
WHEREAS, it has come to the attention of the Town
Board that citizens owning,
WHEREAS,
the collection of such above-referenced items or the growth of the above-referenced
weeds and vegetation is unsightly, can pose
a health problem, detracts from the clean and
WHEREAS,
the Ordinance heretofore passed on the 10th day of September 1991,
being Ordinance No. 1295 does not authorize the Town to fine and/or remove the
above-referenced items including removal from porches and other outside areas of
any residence,
NOW,
THEREFORE, BE IT ORDAINED AS FOLLOWS:
Section 1. Any individual(s), corporation, or
other entity who occupies and/or owns real estate within the corporate
boundaries of the Town of Odon, or owns, occupies, rents or otherwise possesses
any structure in the Town of Odon shall not permit, cause to permit, or allow
the following to grow or accumulate in, on or around the real estate or in, on
or around said structure, or on or in streets, alleyways, or squares adjoining
such structure, premises or real estate.
a. Noxious weeds as defined in I.C.
15-3-4.6-2 and detrimental plants as defined in I.C. 15-3-4-1, grass over twelve
(12) inches in height and any other plant, weed or rank vegetation over twelve
(12) inches in height. This prohibition does not
include agricultural crops, hay, pasture or flowers specifically planted
to enhance the beauty of the property upon which situated.
b. Animal matter including but .not limited to
carcasses, skeleton or feces.
c. Trash including but not limited to appliances, furniture or rubbish of any
kind.
d. Any disagreeable substances which may be harmful,
hazardous, poisonous, and odorous or which may bred insects or draw vermin.
Section
2. The Odon
Street Commissioner is charged with the enforcement of this Ordinance. When, in
the opinion of the said Odon Street Commissioner any real estate, structure or
building, has grown or accumulated any of the above-referenced items the
individual(s), business, company, corporation or other entity shall be notified
in writing. Said notice shall specifically set forth what items need to be
removed and cut, and shall also set forth the specific area or portion on the
outside of a building, structure, residence, mobile home or garage, or porch
area of said building, structure, residence, mobile home or garage which needs
said items) removed. The notice shall specifically describe the real estate by
street address, location or other discernible identification.
Section
3. The
owner, agent, occupant, leaseholder, individual(s), manager or representative
shall have fourteen (14) days from the date the above-referenced notice is
received. The notice may be served personally by the Odon Street Commissioner,
Odon Town Marshal, or the Daviess County Sheriff's Department. The notice may
also be served by certified mail, sent to the address of the owner or occupier
as shown on the records in the Office of the Treasurer of Daviess County. The
notice shall also inform the person receiving same that in the event the Town is
required to take whatever action is set forth in the notice, that the expense
incurred by the Town shall be recovered by appropriate legal action to obtain a
lien against the real estate for the expenses incurred, that the person to whom
the notice is given may be found to have committed a Class A infraction and in
addition to said expense shall suffer a fine of up to but not exceeding
$2,500.00 by a Court of competent jurisdiction. The notice shall also include
pursuant to I.C. 36-7-10.1-3 that the noxious weeds and/or rank vegetation shall
be removed by the Town and any removal expenses including administrative costs,
if not paid as hereinafter set forth, will be collected as delinquent taxes as
defined in 35-7-10.1-4. The notice shall also set forth that the bill is due and
owing and must be paid within thirty (30) days of the date it is received if
there is a failure to act upon the notice within fourteen (14) 14 days.
Section
4. If there
is a failure to comply with the notice as set forth in the preceding sections of
this Ordinance, the Odon Street Commissioner is hereby authorized and directed
to take whatever action was set forth in the notice and to tender to the Clerk-Treasurer
of the Town of Odon the costs, expenses and fees incurred by said Department in
executing whatever action the Town took to effectuate the action set forth in
the notice. The Clerk-Treasurer shall mail a bill to the address as listed at
the office of the Daviess County Treasurer which shall represent removal
expenses and administrative expenses costs, if any, with a demand for payment
within thirty (30) days of the date said bill is mailed by the Odon Clerk-Treasurer.
If the bill is not paid within thirty (30) days as herein set forth, the ClerkTreasurer
is hereby authorized and directed to collect the bill pursuant to I.C. 36-7-10.1-4
if such expenses and costs were incurred for the removal of noxious weeds or
rank vegetation. If disbursement is received from the County Auditor pursuant to
I.C. 36-7-10:1-4, said disbursements should be placed in the general fund of the
department specified to enforce this ordinance in accordance with I.C. 36-7-10.1-5.
Section
5. For all other removal expenses, costs or fees
incurred by the Town of Odon as a result of the removal, disposal, destruction
or other action needed and taken as a result of a failure to comply with a
previously tendered notice, the Town shall file a complaint in a court of
competent jurisdiction wherein the complaint shall set forth the action taken by
the Town, the expenses, costs and fees incurred by the Town of Odon, and a fine
as a result of the violation of this Ordinance, namely a Class A infraction, of
up to but not exceeding $2,500.00. The Town may also alternatively pursue this
course of action for such collection purposes for the cutting and removal of
noxious weeks and rank vegetation as an alternative to the procedure set forth
in Section 4 of this ordinance.
Section
6. Any individual(s), company, corporation or any
other entity receiving a notice in violation of this ordinance or a bill issued
pursuant to this Ordinance has a right to appeal said notice or such bill within
ten (10) days of the date such notice was received or within ten (10j days of
the mailing date of said bill. Said appeal must be in writing and the appellate
hearing will be held at the next regularly scheduled Odon Town Board meeting.
The appellant shall personally appear before the Board to present the nature of
the appeal and the decision of the Town Board regarding the notice or billing
shall be final.
Section
7. This Ordinance shall be in force and effect
from and after its passage by the Town Board and its publication in the Odon
Journal for two (2) consecutive weeks. Upon being effective as herein set forth,
this ordinance' shall supersede Ordinance No. 1295.
PASSED
this 18th day of November 1996.
Ralph
Quarles, President
Ron
Bell, Member
Richard
Cottrell, Member
ATTEST:
Opal McDannald, Clerk-Treasurer