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HomeMy WebLinkAboutProtecting the Public Health, Providing for the Cutting of Weeds and Disposal ThereofORDINANCE No. 4239 -58 Passed by the Common Council of the City of South Bend, Indiana August 11, 1958 Presented by me to the Mayor of the City of South Bend, August 12, 1958 Approved and signed by Clerk Of Common Council August 12, 1958 Clerk ORDINANCE NO, 4239 -58 AN ORDINANCE PROTECTING THE PUBLIC HEALTH, PROVIDING FOR THE CUTTING OF WEEDS AND DISPOSAL THEREOF, IN- CLUDING NUISANCES. AND PROVIDING FOR THEIR ABATEMENT AND MATTERS RELATING THERETO,' (� WHEREAS, it is imperative and urgent for the preservation of health, safety and sanitation that proper and adequate regulations be adopted to govern the cutting of weeds, grass, or deleterious, unhealthful growths, or other noxious matter. NOV, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend that Ordinance No. 2339 be amended to read as follows: SECTION I: It shall be unlawful for the owner of any lot, place or area within the City, or the agent of such owner, to permit or allow to remain on such lot, place or area, or upon the sidewalk abutting the same, any weeds, grass, or deleterious, unhealth- ful growths, or other noxious matter, that may be growing, lying or located thereon. SECTION II: The Health Department is hereby authorized and empowered to notify, in writing, the owner of any such lot, place or area within the City, or the agent of such owner, to cut, destroy and /or remove any such weeds, grass, or deleterious, unhealthful growths, or other noxious matter, found lying or located on such owner's- property, or upon the sidewalk abutting same. Such notice shall be addressed to said owner, or agent of said owner, at his last known address. Upon the failure, neglect or refusal of any owner, or agent of owner, so notified, to cut, destroy and/or remove weeds, grass, or dele- terious, unhealthful growths, or other noxious matter, growing, lying, or located upon such owner's property, or upon the sidewalk abutting same, within five (5) days after receipt of the written notice provided for in the above paragraph, or within five (5) days after the date of notice, in the event same is returned to the City Post Office Department because of inability to make delivery thereof, providing the same was properly addressed to the last known address of such owner,_ or agent, the Health Department is hereby authorized and empowered to pay for the cutting, destroying and /or removal of such weeds, grass, or deleterious, unhealthful growths, or other noxious matter, or to request the removal through the Street Commission or Street Commissioner of the City of South Bend. This Ordinance is to be amended as follows: Wherever the ordinance mentions weeds and grass, there shall be added thrreto "over 12 inches high.@ In the event that the City of South Bend through its Street Commissioner effects the removal.of such obnoxious growth or has paid for its re- moval, the actual cost thereof, plus accrued interest at the rate of six (6%) per cent per annum from the date of.the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the City, and said charge shall be due and payable by said owner at the time of payment of such tax bill. The said Street Commissioner shall keep an accurate account of the 'expense thereof, which shall be paid from the City treasury, upon the sworn voucher of the Street Commissioner. On placing such expense with the County Treasurer, it shall be a lien on such property and shall be placed on the tax duplicates and shall be collected as taxes are collected and turned into the County Treasurer. SECTION III: In addition to the above, any owner of a lot, place or area, or the agent of such owner, who violates any provision of this ordinance, after due notice is given, and failure to remove said weeds, grass, or deleterious, unhealthful growths, or other noxious matter thatmay be growing, lying or located within their lot, place or area, on conviction thereof shall be fined for each offense in a sum not less than Twenty ($20. 00) Dollars. or more than Three Hundred ($300. 00) Dollars, to which may be added imprisonment in the County jail for a period not to exceed thirty (30) days at the option of the court, and each violation shall constitute a separate and distinct offense. SECTION IV: All ordinances or parts of ordinances inconsistent herewith are hereby repealed. This ordinance shall be in full force and effect from and after its passage and legal publication: . ember o the Common Ceu cil Ibgf s 1 1" 9h415-1 W)+ $111 1St l'8