§ 62-93. Notice of violation.

(a)

The department shall document any violation of this municipal code and issue a notice to the owner to cut the weeds or cut or remove the rank vegetation within seven calendar days. The notice becomes final seven days after notice is given, unless the owner or another person holding a substantial property interest of public record requests a hearing, in writing, before the hearing authority and the written request is delivered to the department before the end of the seven day period. If a hearing is held, the owner or other interested party may appeal the decision of the hearing authority as outlined in IC-36-7-9-8, and as amended from time to time, to the Circuit or Superior Court of Cass County within the time limits provided in the statute. If this matter is taken to a court, the city may recover its costs and expenses, a fine, as well as all amounts allowed by law and this municipal code.

(b)

Content of notice to owner. For any property found to be in violation of section 62-92, the department shall issue a notice to remove weeds and/or rank vegetation to the owner. The notice shall advise the owner of the property of the violation and advise them they have seven days to abate the violation. The notice shall also state the amount of penalty included if the violation is not abated within the seven days. If the violation is corrected by the owner or other responsible party within seven days, no further action will be taken and no penalty imposed. The owner or other responsible party shall correct the violation or request a hearing before the hearing authority within seven days of the date of service. The request for a hearing must be in writing, addressed to the department and delivered in person or by certified mail. The notice must also state that if the violation is abated by the department or its agent. The owner will be liable for the cost incurred by the department in abating the violation, the average processing cost incurred by the department in processing the matter, and any monetary penalty as outlined under section 62-95 for property owners who violate section 62-92

(c)

Manner of service. The notice to remove weeds and/or rank vegetation shall be in writing and shall be served on the owner of the property in at least two of the following manners: delivery in person, by first class mail, and/or by placement of the notice to remove weeds and/or rank vegetation in a conspicuous place on the property where a violation occurs. As outlined in IC 36-7-70.1-3, the notice shall also state:

(1)

The location of the violation;

(2)

The nature of the violation;

(3)

The time period for correcting the violation;

(4)

The remedy that the department may seek for the violation.

Any notices to be given hereunder by first class mail shall be deemed sufficiently given when placed in an envelope directed to the owner at the owner's address and deposited in a United States Post Office mailbox postage prepaid.

(d)

Emergency action. No section of this Code shall prevent the department from executing emergency action as set forth in IC 36-7-9-9.

(1)

In the event that the community development director determines the weeds and/or rank vegetation are a danger to public health, he/she may order an emergency abatement of the violation.

(2)

Documentation must be made and photos taken of the public threat and presented to the board of works at their next regularly scheduled meeting.

(3)

Abatement of any additional violations that are not a threat to public health and safety shall be handled as outline in this article.

(Ord. No. 2013-16, Art. III, 7-1-2013)