Notice of Public Hearing

NOTICE OF PUBLIC HEARING ON AMENDING THE REGULATION OF THE GROWTH OF WEEDS, GRASS, AND OTHER ENVIRONMENTAL NUISANCES WITHIN THE TOWN OF CHURUBUSCO, INDIANA

Property owners and interested parties in the Town of Churubusco, Indiana, are hereby notified that Ordinance No. 2017-12, An Ordinance Amending the Regulation of the Growth of Weeds, Grass, and Other Environmental Nuisances, will be open for public comment at a meeting of the Town Council held at 6:30 p.m., local time, on September 6, 2017 at the Churubusco Town Hall, 215 Home Ave., Churubusco, IN with a vote on the ordinance to follow.

At such public hearing and prior to final adoption of Ordinance No. 2017-12, all interested parties may appear and be heard.  The complete text of proposed Ordinance No. 2017-12 is on file and available for examination and copying at the office of the Town’s Clerk-Treasurer at 530 S. Main Street, Churubusco, Indiana, during regular business hours, and will be available at the public hearing.

Dated this 27^th day of August, 2017

TOWN OF CHURUBUSCO, INDIANA

                                                                                                            ___________________________________

                                                                                      Madalyn Sade-Bartl, Clerk-Treasurer

ORDINANCE 2017-12

AN ORDINANCE AMENDING THE REGULATION OF THE GROWTH OF WEEDS, GRASS, AND OTHER ENVIRONMENTAL NUISANCES

Synopsis:

The Town Council of the Town of Churubusco sees the need to revise and repeal aspects of Ordinance 2013-10, “An Ordinance Regulating the Growth of Weeds, Grass, and Other Environmental Nuisances”.

WHEREAS, the Town Council of Churubusco, Indiana, has previously determined through Ordinance 2013-10 that the growth of weeds, grass, or other rank or noxious vegetation, as herein defined, to a height exceeding nine (9) inches on property located within the geographic limits of town endangers the public health, welfare, or safety; or have an unacceptable potential to materially interfere with the peaceful enjoyment by owners or occupants of adjacent property.

AND WHEREAS, the Town Council of Churubusco, Indiana determines that aspects of Ordinance 2013-10 be amended.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CHURUBUSCO that Ordinance 2013-10 be repealed and the following become practice within the Town of Churubusco effective August 16, 2017 and every year thereafter until amended or dissolved:

        I.            That Ordinance 2013-10 of the Municipal Code of the Town of Churubusco is repealed.

     II.             That there is hereby established and adopted a revised ordinance which shall constitute a new Chapter 93.07 of the Municipal Code of the Town of Churubusco.

  III.            DEFINITIONS

1. “TOWN OFFICIAL.” An employee of the Town of Churubusco having authoritative powers and who can issue Town ordinance violation summons to enforce the provisions of this chapter.
2. “TOWN.” An area within the designated boundaries and limits of Churubusco, IN.
3. “GRASS.” The ornamental and or environment growth of plants having the slender leaves characteristic of the grass family and used to cover an expanse of land such as a lawn and is the primary ground cover for such expanse of land.
4. “NOXIOUS.” Harmful to living things or injurious to health or having the potential to do so.
5. “RANK VEGETATION.” Vegetation that is ill smelling, fetid, malodorous, or noxious.
6.  ”WEED.” A plant commonly considered to be undesirable, unattractive or troublesome, especially when growing where it is not wanted.
7.  ”ENVIRONMENTAL PUBLIC NUISENCE.”

(1)   Any growth of weeds, grass or other rank vegetation on private or governmental property which is neglected, disregarded or not cut, mown, or otherwise removed and/or which has attained a height of nine (9) inches or more.

(2)   Any accumulation on private or governmental property of dead weeds, grass or brush.

(3)   Any noxious plant such as poison ivy, ragweed or other poisonous plant, or plants detrimental to health, growing on any private or governmental property in such manner that any portion of such ivy, ragweed, or other poisonous or harmful weed shall extend upon, or allow seed, pollen or other particles or emanations there from to be carried through the air into any public place.

(4)   Property which has been allowed to become a health or safety hazard, or which has accumulated litter or waste products, unless specifically authorized under existing laws and regulations

1. “EXCLUDED PROPERTY.” Cultivated land in commercial, domestic, agricultural or horticultural use, a natural or developed forest, which does not create a health or safety hazard, conforming to Management Series No. 2 of the Indiana Department of Natural Resources or registered with the National Wildlife Federation which does not create a health or safety hazard, and which is property screened, if requested, by adjoining landowners; or vacant, open lands or fields or wooded areas more than one hundred fifty feet (150′) from occupied property. However, natural habitats or wildlife habitats in R-1, R-2, and R-3 (residential) districts are not to be considered excluded property, and will constitute a violation of this ordinance.
2. “GOVERNMENTAL PROPERTY.” Real estate which is owned, leased, controlled or occupied by the United States, the State of Indiana, or any political subdivision thereof; excluding areas such as interior fields, river bank properties, and wooded lots which are maintained as natural sites by any such political entity.
3. “INSPECTOR.” An individual designated by the Town Board of Churubusco to make environmental public nuisance inspections.
4. “OCCUPANT.”  The person, firm, partnership, association, corporation, business trust, joint stock company, unincorporated organization, religious or charitable organization, or any owner, person, persons or entities who are from time to time in possession or exercising dominion and control over any house or other structure located on private property; or the agents thereof.
5. “OWNER.” Presumed to be any one or more of the following:

(1)   The owner or owners in fee simple of a parcel of real estate including the life tenant or tenants, if any; or

(2)   The record owner or owners as reflected by the most current records in the township assessor’s office of the township in which the real estate is located; or

(3)   The purchaser or purchasers of such real estate under any contract for the conditional sale thereof.

1. “PRIVATE PROPERTY.” All real estate within the Town of Churubusco, except governmental property.
2.   IV.            GROWTH OF CERTAIN VEGETATION RESTRICTED.
   1. It shall be unlawful and in violation of this chapter for any property owner to permit weeds, grass, noxious vegetation, or other environmental public nuisances as defined in Section III to grow to a height exceeding nine (9) inches or accumulate on their real estate located within the geographic limits of town, and such vegetation exceeding such height are hereby declared to be a nuisance. Any property owner who fails to remove such weeds, grass, or other rank vegetation shall be deemed in violation of this chapter.
   2. Each department or agency of the United States, the State of Indiana, or any political subdivision thereof, shall be required to keep governmental property free from environmental public nuisances.
   3. All owners, lessees or occupants, or other persons in control of any private property in the town shall be required to keep that private property free from environmental public nuisances.
   4. Certain properties shall be deemed as excluded properties as defined in Section III.
   5.      V.             COMPLAINTS AND NOTICE OF VIOLATION
      1. Any department of the Town which receives a complaint regarding an environmental public nuisance on any property within the Town shall forward that complaint to the Town Clerk-Treasurer, where it shall be entered in a complaint log book. An inspector designated by the Town shall visually inspect the property in question.
      2. A Town official shall issue an initial compliance notice in writing to all property owners within town limits notifying them of the ordinance and violation procedures by May 1 of the calendar year. The notice shall be served by U.S. First Class Mail, addressed to the property owner’s last known address shown on the records of the Town of Churubusco. Further notices during the calendar year shall be placed upon the property and state the date in which the notice is required to be abated.
      3. New property owners taking ownership of the property after May 1 shall be notified via U.S. First Class Mail upon the property’s first violation. The notice shall demand the abatement of the nuisance and removal of the weeds, grass, noxious vegetation, or other environmental nuisance specified in the notice, by the property owner within five (5) days from the date of the notice. Further notices during the calendar year shall be placed upon the property and state the date in which the notice is required to be abated.
      4.   VI.            FAILURE TO ABATE NUISANCE, COST OF REMOVAL, AND LIEN OF PROPERTY
         1. If the property owner so served does not abate the nuisance and fails to remove the specified weeds, grass; or other rank or noxious vegetation on their real estate within the aforementioned five (5) days, the Town shall have the right to cut and remove the weeds, grass, or other rank or noxious vegetation specified in the notice. The Clerk-Treasurer shall cause the cutting and removal of such to be done and prepare a statement of the cost incurred for such cutting and removal by the town either by using its own employees or an independent contractor at a cost of no less than $50.00 per hour. Further, a violation fee of $110.00 will be assessed on all properties in which a violation has been abated by the Town.
         2. Thereupon the Clerk-Treasurer shall have the statement delivered to the property owner by a Town official or by U.S. First Class Mail addressed to the property owner’s address shown on the records of the Town of Churubusco.
         3. In the event that the property owner disputes a notice of violation issued under this chapter or a certified statement of the cutting and removal costs, such property owner may file a written appeal with the Clerk-Treasurer for rescission or, adjustment of such notice or certified statement within seven (7) days after the date of such notice or certified statement.
         4. Upon failure of the property owner to pay the certified statement issued under this chapter within fifteen (15) days as set forth in this chapter, the Clerk-Treasurer shall file a certified copy of the statement for the cutting and removal of such nuisances with the County Auditor for placement of the amount due upon the tax duplicate of the property owner for collection as delinquent taxes are collect and shall be disbursed to the general fund of the Street Department as provided by I.C. 36-7-10.1-5.
         5. It is the express intent of this Ordinance to adopt I.C. 36-7-10.

1. VII.                        SEVERABILITY

     If any provision or term of this chapter, or any application thereof, is held invalid, the      invalidity shall not affect other applications of the provisions or terms of this chapter   which reasonably can be given effect without the invalid provision or term for the     application thereof.

LET IT BE RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF CHURURBUSCO that this resolution shall be in effect ____ day of __________, 2017

ADOPTED this _______ day of ________________, 2017.

_______________________________                                       ATTEST:

Mark Pepple, Town Council President

________________________________                        _____________________________

Bruce Johnson                                                           Madalyn Sade-Bartl, Clerk-Treasurer

________________________________

Frank Kessler