SPONSOR: Janet Venecz Councilwoman at Large ORDINANCE NO. 9249

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1 SPONSOR: Janet Venecz Councilwoman at Large ORDINANCE NO WHEREAS, ere exists in e City of Hammond, many abandoned, bank owned, and neglected properties upon which e title owners allow e weeds, grass, vegetation, trees and brush to grow uncut and unabated; and WHEREAS, such properties are a heal and safety issue for e citizens of Hammond as tall grass, weeds and undergrow, growing unabated, encourages habitat by vermin, insects, collects litter, obscures vehicular and pedestrian traffic, conceals defects in property causing tripping hazards, conceals evidence of criminal activity, hinders first responders, blocks public right of way, impedes traffic for ose wi disabilities, creates attractive nuisances for children, and allows trees to deteriorate and become dangerous nuisances to bo persons and property; and WHEREAS, Indiana Code allows Municipalities, by eir legislative bodies, to require e owners of real property, located in e municipality to cut and remove weeds and oer vegetation from private property and bill e property owner for is removal; and WHEREAS, Indiana Code allows a municipality to certify to e auditor e amount of e bill for such services, which shall be collected as taxes; and WHEREAS, Indiana Code allows a municipality to provide at e amounts collected shall be disbursed to e general fund of e department which

2 AN ORDINANCE AMENDING ORD. 4673, AMENDED ORD AMENDED ORD. 6035, AMENDED ORD. 7657, AMENDED ORD ALSO KNOWN AS SECTION OF THE HAMMOND MUNICIPAL CODE AS IT PERTAINS TO CUTTING Enforces such Ordinances; and WHEREAS, Section of e Hammond Municipal Code entitled Inspection and Enforcement has not been amended or updated since 2002; and NOW, THEREFORE, BE IT FURTHER ORDAINED by e Common Council of e City of Hammond at Ordinances 4673, 4994, 6035, 7657 and 8435 also known as Section of e Hammond Municipal Code, which pertains to cutting and cleaning weeds, brush, grass, trees and vegetation, be amended as follows: Section : Inspection and Enforcement: (A) (B) Weeds, Vegetation, Brush, Undergrow, Grass and Trees Any City of Hammond Inspector from e Inspections Department is vested wi e duty of enforcing is Ordinance by inspecting any real property, located in e City of Hammond, for violations of Hammond Municipal Code Chapter 94 as well as e general maintenance requirements of Chapter 160, and determining at on at property ere exists: grass in excess of six (6) inches in height, weeds, vegetation, undergrow, brush, nuisance trees, or oer rank vegetation as defined by Hammond Municipal Code. The Inspections Department is charged, auorized and empowered to identify from e Lake County Auditor s records, e owner of e real property, or e person leasing, controlling or managing e property for e title owner, and provide notice by first class mail, and posting on e premises, at a violation of is Ordinance exists on e property and must be abated wiin ten (10) days.

3 (C) (D) (E) (F) Upon e failure, neglect or refusal of e owner, his agents or tenants, to remedy e vegetative nuisance, heal and safety issue at exists at at property, e Inspections Department is auorized and empowered to proceed to issue a Citation in e Hammond City Court, file an injunction in any Superior or Circuit Court to abate e nuisance and/or to abate e nuisance by hiring out and paying for e removal of e tall grass, weeds, brush, undergrow, nuisance trees and rank vegetation. The Inspection Department may issue one or more an one notice to any property owner, or in its sole discretion, issue a continuous abatement notice, which serves as notice to e real property owner at each subsequent violation during e same calendar year for which e initial notice of e violation was provided may be abated by e city or its contractors. When e City of Hammond has paid for e removal as auorized, e cost shall be charged to e owner of e property. The bill to e property owner shall be for all costs incurred by e City of Hammond in abating e violation including administrative cost for mailing notice, inspection and re-inspection fees, cost of prosecuting e action in Hammond City Court, title search costs, and costs of removal of e nuisance at e property location. Such Administrative costs shall be set in e amount of ($200.00) and shall be collected in addition to actual cost of removal/abatement of nuisance, per property address. A notice of violation or bill may be contested in e Hammond City Court, and appeals may be taken from at Court as provided by Indiana law. Failure by e property owner to pay e cost of abatement at his/her property wiin irty (30) days shall result in e Inspections Department certifying to e Lake County Auditor e amount of e bill, plus administrative costs of certification, to be placed on e tax duplicate for

4 e property at issue, and e total amount, including any accrued interest, shall be collected as delinquent taxes. (G) This Ordinance additionally auorizes e City of Hammond to bring a court collection action for e amount of e abatement or removal, plus costs incurred for collection, including reasonable attorney s fees and court costs, if paid, against e property owner and to obtain a lien in e amount of any judgment on any real or personal property of e owner. (H) Funds collected pursuant to is Section, shall be disbursed to e general fund of e Inspection Department. NOW BE IT FURTHER ORDAINED at herein ordinance shall have full force and effect from and after passage, approval by e Council, signing by e President ereof and approval and signing of e Mayor. ADOPTED AND APPROVED BY e Common Council of e City of Hammond, Indiana, is 28 day of April, 2014 Michael Opinker, President /s/ Hammond Common Council ATTEST: Robert J. Golec, City Clerk /s/ PRESENTED BY ME, e undersigned City Clerk of e, to e Mayor, for approval and signature, is 29 day of April, Robert J. Golec, City Clerk /s/

5 The foregoing Ordinance No consisting of five (5) typewritten pages, including is page, was APPROVED AND SIGNED BY ME, e undersigned Mayor of e City of Hammond, Indiana, is 30 day of April, Thomas M. McDermott, Jr., Mayor /s/ PASSED by e Common Council on e 28 day of April, 2014, and approved by e Mayor on e 30 day of April, 2014.