Amending Chapter 19 Addressing Tall Grass, Weeds, Noxious Weeds and Rank or Overgrown Vegetation

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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