04-11-2022 Agenda Packet - Laserfiche WebLink

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Sec. 16-57. Abatement by City. Upon the failure, neglect or refusal of any party to whom notice to abate a nuisance has been given under Section 16-55 or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety, the Board of Public Works or its designee shall abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid forty-five (45) days after the billing date. Unpaid costs may be made a lien against the property. Section III. Chapter 16, Article 8, Section 16-59 is hereby amended to read: Sec. 16-59. Removal of vegetation. (a)Definitions. As used in this section, "weeds and rank vegetation" means grass and weeds over nine (9) inches high, but not including small trees and bushes. (b)Notice. The Department of Code Enforcement shall give forty-eight (48) hours' notice, in writing, to remove from any real or personal property within the City weeds and rank vegetation. Such notice shall be given to the owner of record or their agent and to any tenant or occupant of the property upon which the weeds and rank vegetation exists. Notice to the record owner may be mailed to the last known address of the record owner. Notice to any tenant or occupant may be given by posting the same in a prominent place upon the premises where the weeds and rank vegetation exists. (c)Failure to comply. Upon a failure to comply with a notice issued pursuant to subsection (b), the Department of Code Enforcement or an entity acting on behalf of the Department of Code Enforcement shall enter upon the property to abate the violation of this section by cutting the weeds and rank vegetation. (d)Bill issued to record owner. In the event the Department of Code Enforcement or an entity acting on its behalf is forced to remove the weeds and rank vegetation; the Department of Code Enforcement shall issue a bill to the record owner of the property or to the person shown to have the right of exclusive possession of the property. The bill shall include removal costs as well as any administrative costs incurred in the certification. (e)Appeals. Any appeal of either the removal notice or the bill must be made in writing within ten (10) days of the date of the document being appealed. The appeal must be in writing and must be filed with the Director of the Department of Code Enforcement. If a written appeal is filed with the Department of Code Enforcement, the matter shall be scheduled for a hearing before the hearing authority and a hearing shall be held pursuant to IC 36-7-9. The hearing authority's order regarding this appeal is considered final from the date of its issuance and is subject to judicial review pursuant to the provisions of IC 36-7-9-8. (f)Failure to pay bill. If the owner fails to pay a bill issued pursuant to this section within the time specified in the bill, or within the time specified in the order if an appeal of the bill was made, the Department of Code Enforcement shall certify to the Auditor of St. Joseph County the amount of the bill, plus any additional administrative costs incurred in the