Weed & Vegetation Ordinance

ORDINANCE 1995-2 

WHEREAS, The Town of Osgood has the power under Indiana Code 36-7-l0.l-3 to require owners of real property located within the Town of Osgood to cut and remove weeds and other rank vegetation growing on their property; and, WHEREAS, The Town of Osgood has the authority under Indiana Code 36-8-2-4 to regulate the conduct, use or possession of property that might endanger the public health, safety or welfare; and, 

WHEREAS, The Town of Osgood deems that weeds and rank vegetation constitute a danger to the public health, safety and welfare; 

BE IT, THEREFORE, ORDAINED as follows: 

1. That owners of real property located within the Town of Osgood are required to cut and remove weeds and other rank vegetation growing on the property. 
2. It shall be a violation of this ordinance for owners of real property located within the Town of Osgood to fail to cut and remove weeds and other rank vegetation growing on their property.
3. For purposes of this section the terms "weeds and other rank vegetation" includes the following: 
   1. Trees, limbs, branches, shrubbery or other vegetation with less than fourteen (l4) feet clearance over, along and across streets or alley ways, or less than eight (8) feet clearance over, along or across the sidewalks;
   2. Trees, limbs, branches, shrubbery or other vegetation that prevents adequate visibility at street and alley intersections or which blocks the view of any street or traffic sign, signal or device. 
   3. Shrubbery or vegetation in excess of three (3) feet in height within a radius of twenty (20) feet from the point where the curb line of any street intersects the curb line of another street.
   4. Un-mowed grasses or other vegetation in excess of twelve (l2) inches in height or which are not mowed at least once a month during the months of May through September. 
   5. Trees, limbs, branches, shrubbery or other vegetation which interferes with street lights or the convenient maintenance of street lights, or obstructs the light from street lights.
   6. Any trees, shrubbery or unauthorized vegetation planted within the public right-of-way.
   7. Trees, limbs, branches, shrubbery or other vegetation which creates or constitutes a hazard to the pedestrians, passersby or the public. 
4. Any landowner and person having a substantial interest in the property found to be violating this ordinance shall be given a written Notice thereof, issued by the Clerk Treasurer of the Town of Osgood, Indiana, which notice, together with a copy of this Ordinance, shall be served by the Osgood Town Police or by certified mail, return receipt requested, to the last known address of the landowner and notifying the landowner that he/she has fifteen (l5) days to remove the weeds and other rank vegetation growing on said property.
5. If the landowner fails to remove such weeds and other rank vegetation within the prescribed time, the Town of Osgood shall enter upon the property and abate the violation by the removal of said weeds and other rank vegetation. The Clerk Treasurer shall make a certified Statement of the actual costs incurred by the Town of Osgood in abating said violation, including administrative costs and removal costs, and shall serve a copy of said certified Statement upon the owner of such real estate and persons having a substantial interest therein, by personal service by the Osgood Town Police or by certified mail, return receipt requested, to the last known address of said owner. Said owner shall have five (5) days from receipt of said Statement in which to pay the bill for abatement costs by payment thereof to the Clerk Treasurer of the Town of Osgood. If such owner fails to pay said bill for abatement costs within the prescribed time, the Osgood Clerk Treasurer shall certify to the Ripley County Auditor the amount of the bill, plus any additional 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 Town of Osgood. 
6. Any landowner desiring to appeal either the violation of this Ordinance or the bill for abatement costs certified by the Clerk Treasurer shall, within five (5) days of receipt of Notice thereof, file a written statement requesting an appeal with the Osgood Town Council, Osgood, Indiana, and such matter shall be heard by the Osgood Town Council at its next regular Town Council meeting unless otherwise determined.
7. The Town Council for the Town of Osgood shall be responsible for the administration of this ordinance.
8. All ordinances or parts of ordinances in conflict herewith are hereby repealed. The invalidity of any section, clause, sentence or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. 9. This ordinance shall be in full force and effect from and after its passage and publication as provided by law. 
9. SO ORDAINED this 21st day of February, l995. TOWN OF OSGOOD, 

BY: s/Gene Ogden, President 
s/ M. Shawn Negangard, member 
s/ J. Hartsell Rice, member 
ATTEST: s/Janet L. Stork Clerk Treasurer