Section 36-7-10.1-3 - Ordinance; notice requirement(a) The legislative body of a municipality or county may by ordinance require the owners of real property located within the municipality or the unincorporated area of the county to cut and remove weeds and other rank vegetation growing on the property. As used in this chapter, "weeds and other rank vegetation" does not include agricultural crops, such as hay and pasture.(b) An ordinance adopted under subsection (a) must specify the following:(1) The department of the municipality or county responsible for the administration of the ordinance.(2) The definitions of weeds and rank vegetation.(3) The height at which weeds or rank vegetation becomes a violation of the ordinance, specifying the appropriate heights for various types of weeds and rank vegetation.(4) The procedure for issuing notice to the owner of real property of a violation of the ordinance, including any procedures for issuing a continuous abatement notice under subsection (d).(5) The procedure under which the municipality or county, or its contractors, may enter real property to abate a violation of the ordinance if the owner fails to abate the violation.(6) The procedure for issuing a bill to the owner of real property for the costs incurred by the municipality or county in abating the violation, including administrative costs and removal costs. The cost of sending notice under subsection (c) is an administrative cost that may be billed to the owner under this subdivision.(7) The procedure for appealing a notice of violation or a bill issued under the ordinance.(c) An ordinance adopted under subsection (a) must provide that a notice sent to the property owner must be sent by first class mail or an equivalent service permitted under IC 1-1-7-1, to:(1) the owner of record of real property with a single owner; or(2) at least one (1) of the owners of real property with multiple owners; at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice.
(d) If an initial notice of the violation of an ordinance adopted under this section was provided by certified mail, first class mail, or equivalent service under subsection (c), a continuous abatement notice may be posted at the property at the time of abatement instead of by certified mail, first class mail, or equivalent service as required under subsection (c). A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the municipality or county, or its contractors.Amended by P.L. 203-2013, SEC. 28, eff. 7/1/2013.Amended by P.L. 137-2012, SEC. 119, eff. 7/1/2012.As added by P.L. 89-1991, SEC.3. Amended by P.L. 113-2010, SEC.130.