For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ENFORCEMENT AUTHORITY.
The Board of Public Works and Safety.
NOTICE OF VIOLATION.
The notice served by the enforcement authority on the owner of the property where the violation exists.
PROPERTY OWNER.
The holder of legal title of the real property as indicated in the records of the County Auditor on the date of notice of violation.
WEEDS AND RANK VEGETATION.
The uncontrolled or uncultivated growth of grasses, weeds, or other vegetation that exceeds a height of 10 inches. This definition shall not include shrubs, trees, cultivated plants, or agricultural crops such as hay and pasture. The Indiana Cooperative Extension Service shall be the referenced technical authority for the enforcement authority with respect to exempt vegetation, including shrubs, trees, cultivated plants and crops.
(Ord. 16.10.07, passed 1-16-2017)
All property owners within the corporate limits of the City shall be responsible for the removal and cutting of weeds and rank vegetation or other uncontrolled plant growth on their property that is in excess of 10 inches in height, as measured from the ground.
(Ord. 16.10.07, passed 1-16-2017)
(A) 
All property owners with property that fronts any public street of the City shall trim and keep trimmed all trees upon property that overhang any street or sidewalk or right-of-way and all trees standing within the limits of such street in front of such property, so that no limbs or branches of such trees shall extend lower than 15 feet above the roadway or lower than eight feet above any such sidewalk or right-of-way.
(B) 
All property owners shall also trim all bushes, hedges or other flora in straight and vertical lines so that no portion of any bush, hedge, or other flora extends past the edge of the sidewalk, right-of-way, or street.
(Ord. 16.10.07, passed 1-16-2017)
Upon receiving notice of the probable existence of weeds, rank vegetation or other uncontrolled plant growth, or untrimmed tree branches or limbs, or uncultivated bushes, hedges or flora, in violation of this chapter, the person designated by the enforcement authority shall make an inspection and prepare a written report to the enforcement authority regarding the condition. The enforcement authority, upon concluding that there is a probable belief that this chapter has been violated, shall forward written notification in the form of a notice of violation to the owner of record of the real property. Such notice shall be served in writing by certified mail or first class mail or an equivalent service permitted under I.C. 1-1-7-1. The notice shall provide that within five calendar days after the mailing of the notice, the designated violation shall be removed from the property or the owner must file an appeal.
(Ord. 16.10.07, passed 1-16-2017)
(A) 
In the event that the property owner fails to comply with the notice of violation or file a notice of appeal within five calendar days of the mailing of the notice, the enforcement authority may employ the services of City employees or outside contractors to remove the weeds, grasses, or rank vegetation, or trim any tree limbs or branches in violation, to conform to this chapter by all lawful means.
(B) 
At the time of abatement by the City, a continuous abatement notice may be posted at the property, serving notice to the owner that each subsequent violation during the same year for which the initial notice of violation was provided may be abated by City employees or outside contractors. A continuous abatement notice may be posted in lieu of sending additional notices by certified mail.
(Ord. 16.10.07, passed 1-16-2017)
(A) 
Any violation of this chapter that goes unresolved in excess of five days from the date notice is mailed shall result in a fine of $75 per day, starting with day six, with each subsequent day of noncompliance considered a separate violation. In cases where a continuous abatement notice was previously posted on the property, each additional day of noncompliance after the abatement, beginning with day one, is considered a separate violation and shall result in a fine of $75 per day.
(B) 
In addition to fines, the property owner is responsible for all costs incurred by the City for the abatement of the violation, including the costs of removal, cutting or destruction of weeds and rank vegetation as defined by this chapter, or the costs of trimming tree limbs or branches, as well as administrative costs, including, but not limited to, court costs, attorney’s fees and the costs of sending or posting notices of violations. If the enforcement authority uses municipal employees to perform the abatement, the City shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals that may be used.
(C) 
The City shall issue a bill for both the fines under subsection (A) of this section as well as the costs of abatement under subsection (B) of this section to the owner or owners of record of the real property to whom the original notice of violation was delivered.
(D) 
All sums payable by the property owner are to be paid to the City Clerk-Treasurer and deposited in the general fund, as compensation for expenses and costs incurred by the City. The property owner must pay the bill within 14 days of the mailing of notice, or file an appeal within five days of the mailing of the notice.
(E) 
If the property owner fails to pay a bill issued under this chapter within 14 days and has not filed an appeal, the City shall certify to the County Auditor the amount specified in the bill, plus any administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the City.
(F) 
The City may also, at its discretion, bring an action in the Beech Grove City Court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney’s fees. If the City obtains a judgment under this subsection, the City may obtain a lien in the amount of the judgment on any real or personal property of the owner of record.
(Ord. 16.10.07, passed 1-16-2017)
(A) 
If the property owner contests the findings of the enforcement authority in the notice of violation, the property owner has five days from the mailing of the notice of violation to file a written notice of appeal with the City Clerk-Treasurer. The appeal shall be brought before the Board of Public Works and Safety and shall be decided by a majority vote of the Board members in attendance at a regularly scheduled or special meeting of the Board. It shall be the property owner’s burden to demonstrate that the vegetation in question does not violate this chapter and should not be subject to cutting or destruction. If the appeal is denied, the property owner has 24 hours to comply with the notice of violation or face fines and costs of abatement.
(B) 
If the property owner contests the amount of a bill issued under Section 9.12.060, the property owner has five days from the mailing of the bill to file a written notice of appeal with the City Clerk-Treasurer. The appeal shall be brought before the Board of Public Works and Safety and shall be decided by a majority vote of the Board members in attendance at a regularly scheduled or special meeting of the Board. The appeal shall only concern the amount of the bill and may not question the findings of the enforcement authority in the notice of violation. If the appeal is denied, the property owner has 24 hours to pay the bill before the City may take steps to collect amount as provided under Sections 9.12.060(E) and (F).
(C) 
In any proceeding before the Board under subsections (A) or (B) of this section, the City shall be entitled to recover reasonable attorney’s fees and costs if it is the prevailing party.
(Ord. 16.10.07, passed 1-16-2017)