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Home My WebLink AboutAmending Chapter 19 Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown VegetationORDINANCE No. 10363 -15 Passed by the Common Council of the City of South Bend, Indiana Attest: June 22, 20 15 JOHN VOORDE Presented by me to the Mayor of the City of South Bend, Indiana June 23, 20 15 City Clerk President of Common Council City Clerk JOHN VOORDE Approved and signed by me -3-y ne- d 20 L s Substitute Bill No. 22 -15 Ordinance No. [0-3 k�3 —( AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AND AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16 -61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES STATEMENT OF PURPOSE AND INTENT The South Bend Common Council notes that the Indiana Code 36 -7 -10.1 authorizes municipalities in Indiana to address the regulation of weeds and rank vegetation by proper ordinance. The City's current regulations codified in § 19 -32 through §19-35 of the South Bend Municipal Code addressing "weeds and noxious growths" were passed prior to 1962, and those height restrictions are in conflict with the height limitations set forth in the nuisance regulations codified as § 16 -58 of the South Bend Municipal Code, which were passed in 1994. In 2013, the Indiana General Assembly enacted Public Law 203 -2013 authorizing a continuous abatement notice procedure which is codified as Indiana Code § 36 -7- 10.1 -3, which has resulted in more efficient and timely enforcement against repeat violators. Last year, the Indiana Court of Appeals upheld the City of Bloomington, Indiana's ordinance which established the maximum height for grass and weeds to be eight inches (8 "). The Court of Appeals further ruled that there were no constitutional violations; holding that the ordinance did not violate a person's freedom of expression under the United States and Indiana Constitutions, nor did it violate freedom of conscience under the Indiana Constitution, (See: Alexander Gul v. City of Bloomington, 2014 WL 7243326 (Ind. Ap. 12/22/2014). Regulations in this area are based on safeguarding public health by decreasing allergies and noxious odors; are based on public safety by seeing that proper sight distances for the vehicular and pedestrian traffic; and are based on aesthetic concerns related to real estate property values and protecting neighborhood stability and sustainability. The City of South Bend believes that a nine inch (9 ") maximum height requirement is reasonable for the entire city, and would be consistent with the current regulations addressing vacant lots addressed in South Bend Municipal Code, § 16 -58. By way of comparison, examples of Indiana communities have ordinances which established maximum heights are as follows: Bloomington 8" Fort Wayne 9" Marion 9" Carmel 6" Goshen 6" Michigan City 6" Elkhart 8" Hammond 6" Mishawaka 9" Evansville 9" Lafayette 10" Ordinance on Tall Grass, Weeds, Etc. Page 2 This ordinance permits native grasses and planting for ecological restoration and to further natural landscaping subject to existing setback regulations and safety considerations. The Common Council recognizes that there are private and public benefits resulting from the maintenance of properties, and that well maintained properties enhance the vibrancy of the neighborhoods and the overall welfare of the City. The Common Council, in collaboration with the City Administration, believe that the following ordinance is in the best interest of preserving and protecting the public health, safety and welfare of the City of South Bend, Indiana. �n> mere, G n.� r�laGiter/ /r�! /e ?a......... aroieei(n� / /re ,YY�- rr! /e � ciu /, .7�limua, ml�( /errs: Section I. Chapter 19, Article 2, Section 19 -32 through Section 19 -35 of the South Bend Municipal Code is amended to read in its entirety as follows: ARTICLE 2. ABATEMENT REGULATIONS ADDRESSING TALL GRASS WEEDS, NOXIOUS WEEDS, AND RANK OR OVERGROWN VEGETATION Sec. 19 -32 Definitions. For purposes of this Article, the following definitions shall apply' (a) City shall mean the City of South Bend, Indiana. (b) Enforcement Authority shall mean the Department of Code Enforcement (c) Hydrophytic vegetation are plants living in wdtlands governed by the federal Clean Water Act. (d) Natural landscaping vegetation shall mean native or beneficial landscaping vegetation which helps balance the needs and sense of beauty with those of nature by protecting existing natural areas reduces the use of pesticides practices soil and water conservation reduces the use of power landscape equipment, and helps reduce heating/cooling needs Natural landscaping vegetation requires the property owner to have a current wildlife habitat certification which must be shown and presented to the City's Enforcement Authority, in the event that the property becomes subject to a complaint or inspection .2 ' The website of the Indiana Department of Environmental Management (IDEM) www.wetlands.IN.sov sets forth the governing regulations consistent with the federal Clean Water Act. z The U.S. Environmental Protection Agency, Region 5 which includes Indiana, Illinois, Michigan, Minnesota, Ohio and Wisconsin has published a "Natural Landscaping Resource List", and has published articles on `Beneficial Landscaping" copies of which are on file in the Office of the City Clerk. Some examples of natural landscaping include native plants and vegetation, prairie wildflowers, ornamental grasses, and native woodlands. Wildlife Habitat Certification which is required by this ordinance has information available at ht!p:Hvw .indianawildlife org/habitat- proQrams /wilfdlife - friendly- certification - program . The City shall maintain a link to such information on their website. Ordinance on Tall Grass, Weeds, Etc. Page 3 (e) Noxious weeds shall have the definition set forth in Indiana Code & 15- 16 -7 -2.3 (f) Owner shall mean the owner of record listed in the records of the St Joseph County Recorder's Office. (g) Rain Garden shall mean a type of natural landscaping vegetation which are shallow, vegetated basins which collect and absorb runoff from rooftops sidewalks and streets.4 (h) Rank vegetation shall mean vegetation and plant growth not exempted under Indiana Code 36 -7- 10.1 -3.5 (i) Sustainable landscaping includes vegetation which is carefully selected to avoid the use of invasive species which are in balance with the local climate and requires minimal use of fertilizers pesticides and water which are functional visually pleasing and environmental) friendly. 0) Vegetation shall mean all plants, trees, shrubs and weeds. (k) Vegetation management tools include but not are limited to mowing trimming and using herbicides.6 (1) Weeds shall have the definition set forth in Indiana Code & 15- 16- 4 -40.' ' Indiana Code § 15- 16 -7 -2 lists Canada thistle, Johnson grass, Columbus grass, Bur cucumber, and Shattercane as noxious weeds. Indiana Code § 15- 16 -7 -14 states that the Purdue University cooperative extension service is to provide technical assistance to any weed control board in order to control and contain the growth and spread of noxious weeds. 4 The Environmental Protections Agency (EPA) also refers to rain gardens as "bioretention or bioinfiltration cells [which] mimic natural gydrology by infiltrating and evaportranspiring runoff. Rain gardens are versatile features that can be installed in almost any unpaved space ", EPA publication "What is Green Infrastructure ? ", June 13, 2014. 1Indiana Code § 36- 7- 10.1 -3 provides that "weeds and other rank vegetation does not include agricultural crops, such as hay and pasture ". 6 The Indiana Department of Transportation (INDOT) has categorized "vegetation Management tools" as mechanical, manual, chemical, biological or cultural' with mowing being the most common form and best for weed control, Joint Transportation Research Program — Indiana Department of Transportation and Purdue University Integrated Vegetation management (IVM) for INDOT Roadsides, March 2014, p.1. I Indiana Code § 15- 16 -4 -40 defines "weed" as "any plant that grows where the plant is not wanted Ordinance on Tall Grass, Weeds, Etc. Page 4 Sec. 19 -33 Maintenance and Landscape Re¢ulations• Excessive Growth Prohibited (a) The owners of real estate located in the city shall use vegetation management and sustainable landscaping tools on the real estate's vegetation so that they are in compliance with this Article, and do not become a public nuisance (b) It is unlawful for the owner of real estate in the city to allow his or her real estate to become overgrown with weeds grass noxious weeds rank vegetation or other vegetation in excess of the height of nine inches (9 ") or to such extent that the growth is detrimental to the public health and constitutes a public nuisance. It is unlawful for the owner of real estate in the city to allow any sidewalk or alley abutting such real estate to become overgrown with vegetation (c) In light of the self - sustaining nature of natural landscaping vegetation hvdroth, tic vegetation and their ecological benefits they are exempt from the nine inch (9 ") height requirement upon the property owner having a current wildlife habitat certification which must be shown and presented to the City's Enforcement Authority. However, if such natural landscaping vegetation and /or hvdrophytic vegetation negatively impacts the visibility requirements needed for sight distance related to pedestrian and /or vehicular traffic they must be corrected in order to address such public safety concerns as directed by the Enforcement Authority. In those circumstances, public safety requires appropriate maintenance and vegetation management. Natural landscaping vegetation and/or hydrophytic vegetation may be located no closer than one -half (1/2) of the setback distance requirements of a front vard Sec. 19 -34 Consequences of Failure to Comply and Continuous Enforcement. (a) Any owner of real estate located in the city who fails to comply with the provisions of this Article shall be subiect to the enforcement procedures set forth in Section 16 -59 of the South Bend Municipal Code. (b) A continuous abatement notice will serve as notice to the owner that each subsequent violation during the same calendar year in which the initial notice of violation was Provided may be abated by the city without further notice Such notice shall comply with Indiana Code & 36-7- 10.1 -3. Sec. 19 -35 Penalties. Any person found in violation of a provision of this Article shall be fined the sum of two hundred fifty dollars ($250.00) Three hundred fifty dellafs per violation Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar Ordinance on Tall Grass, Weeds, Etc. Page 5 year of being listed. Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 "a vear $750.00 $400.00 3`d vear $1,000.00 $450.00 4'h year and thereafter $1,500.00 $500.00 This section supplements and does not limit any other remedy or action available in law or in eouity being pursued by the Department of Law. [lee. 19 32. Weeds; Ioight Dc s4 raccivnm. iV% SL1l -- _ ■_ �_ Ordinance on Tall Grass, Weeds, Etc. Page 6 Section II. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 16 -61. Penalties and Administrative Fees. (a) Except as otherwise provided, any person violating a provision of this chapter shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty - five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. Q21 Any person found in violation of the mowing regulations set forth in Section 16-58 shall be fined the sum of two hundred fifty dollars ($250.00) T-lifee hundred fif a n ($2 cn nm Per violation. Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense. Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 °a $750.00 $400.00 3`ayear $1,000.00 $450.00 4s' year and thereafter $1,500.00 $500.00 Uc,) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. MI L%9W ... WON : - : &NMATITI • ` Section II. Chapter 16, Article 8, Section 16 -61 of the South Bend Municipal Code is amended to read in its entirety as follows: Sec. 16 -61. Penalties and Administrative Fees. (a) Except as otherwise provided, any person violating a provision of this chapter shall be deemed guilty of an offense and fined not less than fifty dollars ($50.00) for a first offense, not less than one hundred dollars ($100.00) for a second offense and not less than two hundred dollars ($200.00) for all subsequent offenses, but no fine for any individual offense shall exceed twenty - five hundred dollars ($2,500.00) Each day after the expiration date of the time limit ordered by the Board of Public Works or its designee for abating a nuisance condition under this chapter shall constitute a distinct and separate offense. Q21 Any person found in violation of the mowing regulations set forth in Section 16-58 shall be fined the sum of two hundred fifty dollars ($250.00) T-lifee hundred fif a n ($2 cn nm Per violation. Each day after the expiration date of any time limit ordered by the Board of Public Works or its designee for abating a nuisance condition shall constitute a distinct and separate offense. Any person found in violation of a provision of this Article whose property becomes listed as a continuous enforcement property shall be fined the sum of five hundred dollars ($500.00) per violation in that first calendar year of being listed Thereafter, each violation shall be fined and assessed administrative fees related to costs incurred by the city for inspections abatement and administration and a penalty which shall be as follows: Fine Per Violation Continuous Enforcement Fee for Administrative Expenses 2 °a $750.00 $400.00 3`ayear $1,000.00 $450.00 4s' year and thereafter $1,500.00 $500.00 Uc,) This section supplements and does not limit any other remedy or action available in law or in equity being pursued by the Department of Law. Ordinance on Tall Grass, Weeds, Etc. Page 7 Section III. If any part, subsection, section, paragraph, sub - paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section IV. This ordinance shall be in ful orce effe from and after its passage by the Common Council, approval by the Mayor, and egal public 'ate. Tim Scott, 1" District Council Member Kar L. White, Council Meni e at -Large e Dr. Fred Ferlic, 4th District Council Member r John Voorde, City Clerk Mnkwleelby me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of -3"v�- , 2015, at L C, J� o'clock ci. m. 1 Janice Ta oom, Deputy Clerk me on the oQ 3 day of Zuhe- Y.m. to the Mayor of the City of South Bend, Indiana. Pete i st READING PUBLIC HEARING S 3 rd READING (0 uS J- K. ��4 NOT APPROVED REFERRED PASSED (i _L.L—lr 0..1" 5" J' t 2015, at S— o'clock .rk's Office JUN 16 2 115 JOHN VOORDIE CITY CLERK, SOUTH REND, IN TO THE COMMON COUNCIL OF THE, CITY OF SOUTH BEND: Your Committee of the Whole, to whom was referred: BILL NO. 22 -15 A BILL OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 19, ARTICLE 2 OF THE SOUTH BEND MUNICIPAL CODE IN ITS ENTIRETY ADDRESSING ABATEMENT REGULATIONS ADDRESSING TALL GRASS, WEEDS, NOXIOUS WEEDS AND RANK OR OVERGROWN VEGETATION AND FURTHER AMENDING SECTION 16- 61 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING PENALTIES Respectfully report that they have examined the matter and that in their opinion, this bill is being recommended to the full Council with a favorable recommendation as substituted by lowering the fee to $250.00. This bill was heard by the Health & Public Safety Committee. Karen L. White Chairperson, Committee of the Whole .aouidi� ?,.. o %% Common Council City of South Bend Indiana Tim Scott, Council President 4'h Floor County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 (574) 235 -5980 (574) 235 -9173 Facsimile (574)235 -5567 TTY/TDD June 16, 2015 Members of the Common Council 4th Floor County -City Building South Bend, Indiana 46601 Re: Substitute Bill No. 22 -15 Updating the City's Tall Grass, Weeds, & Overgrown Vegetation Regulations Dear Council Members: We are pleased to recommend Substitute Bill No. 22 -15 for passage. The Substitute Bill updates the original Bill which was filed on April 20, 2015. We will provide additional updates later today at the 5:00 p.m. Health and Public Safety Committee. Based on additional input and continuing collaboration, as well as reviewing further data from many other communities, the main changes in Substitute Bill No. 22 -15 include: — Establishing a fine of $250 per violation for properties not subject to continuous enforcement � Adding 4 I District Council Member Dr. Fred Ferlic as a sponsor of the ordinance. As noted back in April when the proposed regulations were filed, they are intended to help place the costs incurred by the City for cutting lots directly on the owner of the property who fails to comply with City regulations. In this way, the City taxpayers monies may be used for other needed City services. The other goals and objectives of the proposed regulations include: • Updating all regulations on this topic in the South Bend City Code many of which have not been updated since before 1962 • Establishing a consistent maximum grass /weed height of 9" throughout the City Incorporating a program, similar to the one in City of Indianapolis, where the costs for properties which become subject to continuous enforcement, would be assessed an additional fee amount to help cover the costs of city inspections, abatement and administration, plus would be subject to higher fines Cover Letter for the Proposed Ordinance Updating the City's Tall Grass, Weeds, Noxious, Rank or Overgrown Vegetation Regulations June 16, 2015 Page 2 • Incorporating recommendations from the Environmental Protection Agency (EPA) publications which recommend the use of natural landscaping regulations to help protect the beauty of natural areas while helping to reduce the use of pesticides, reduce the use of power landscape equipment and promote soil, water conservation and sustainability • Encouraging the use of native Indiana plants which require less fertilizer, fewer pesticides, and less water and help prevent the spread of invasive plants and certification of qualifying wildlife gardens, and EPA recommended rain gardens We are attaching a I -page comparison sheet which highlights the key proposed changes, along with the Substitute Bill. We look forward to sharing additional information with you on this topic which aims to help improve the quality of life in our great City. Thank you. Most incerely, Tim Scott, I 'Distn`ct Council Member Council President Solt B d Common ouncii .Cc�.tcn L��rt Karen L. White, Council Member at Large Community Relations Committee Chairperson South Bend Common Council lV Dr. Fred Ferlic 4'h District Council Member Attachments Filed in EJUN6 2615 JOHN CITY CLERK, SOUTH ®ENE), IN