grass & weeds - south bend, indiana...tall grass and weeds can block the line -of sight for...
TRANSCRIPT
Grass & Weeds
The Department of Code
Enforcement asks for your
cooperation in keeping your
neighborhood a clean and
pleasant place to live.
We want to help you, and all our neighbors, thrive.
But we can’t do it alone. We need the help of
neighbors like you!
Ways you can help:
Lead by example! Keep your yard mowed,
trash and debris picked up, bushes trimmed,
and house in good repair.
Help others! If you know someone who is
unable to perform basic property
maintenance, offer to lend a hand. Helping
others always delivers smiles.
-> The Good Samaritan Law (IC 34-30-26-
5) allows for certain actions on vacant
and abandoned properties. Mowing and
landscaping the yard and removing
trash and debris are protected.
Organize a neighborhood cleanup! We’re
happy to help you do this! Not only does it
make neighborhoods sparkle, it introduces
neighbors who may have otherwise never
met.
Contact us! If you see a suspected violation,
or have a problem property in your
neighborhood, please let us know. We’ll
never tell your neighbor who called.
• It’s dangerous! Tall grass and weeds
can block the line-of-sight for
motorists and pedestrians.
• It encourages the presence of bugs
and insects like ticks and mosquitos.
• It provides a home for pests like mice,
moles, raccoons and other rodents.
• Tall grass and weeds can aggravate
allergies.
• It provides cover for criminal activity.
• It collects trash and debris.
• Aesthetics - no one likes looking at it!
General Information If you have questions about city codes
or would like to request a city service,
please dial: 311 or 233-0311
Rev. 5.17.17 MJ
Contact Us!
Code Enforcement
13th Floor County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
574-235-9486
Office Hours:
Monday - Friday
8:00 AM - 4:45 PM
Website: https://www.southbendin.gov/
Tall Grass/Weeds and Uncontrolled Dumping
Photo Credit: http://homeguides.sfgate.com/animal-rodent-
goes-under-grass-70369.html
A grass and weed violation may be opened as a result
of:
• A citizen complaint or
• An inspector observing a violation while
patrolling his/her area
Process
The inspector will verify whether or not the grass and
weeds are nine (9) inches or taller.
◘ If the grass is not yet 9”, the inspector will
close out the case as “no violation”
If the grass is 9” or taller, the inspector will mark it as
“in violation” and a notice will be mailed to the property
owner.
The property owner is asked to mow his/her property
within 48 hours per City Ordinance 16-59.
The inspector will reinspect the property after 10 days
per Indiana Code 36-1-6-2.
◘ If the grass has been mowed, the inspector
will close out the case as “completed by owner”
If the grass is still taller than 9”, the inspector will send
the violation to the Parks Department for mowing.
After the Parks Department has mowed the grass and
weeds, Code Enforcement will bill the owner for work
performed and administrative costs PLUS issue an
ordinance violation ticket.
◘ If the owner fails to pay within 30 days, the
invoice and/or ordinance violation ticket is
referred to collections
Penalty Under Sec. 19-35, for every abatement completed by
the Parks Department, a $250 fine will be imposed. If
the property is under Continuous Enforcement, a
different fee structure applies.
Applicable City Ordinances (abbreviated):
16-53 Conditions Constituting Public Nuisances
(18) Trees, shrubbery, weeds, snow or other matter
obstructing public ways, or causing visual barriers which
create vehicular traffic or pedestrian safety hazards.
16-59 Removal of Vegetation
(a) Definitions. As used in this section, "weeds and rank
vegetation" means grass and weeds over nine (9) inches
high, but not including small trees and bushes.
(b) Notice. The Department of Code Enforcement shall give
forty-eight (48) hours notice, in writing, to remove from any
real or personal property within the City weeds and rank
vegetation.
(c) Failure to comply. Upon a failure to comply with a notice
issued pursuant to subsection (b), the Department of Code
Enforcement or an entity acting on behalf of the
Department of Code Enforcement may enter upon the
property to abate the violation of this section by cutting the
weeds and rank vegetation.
19-34 Consequences of failure to Comply & Continuous
Enforcement
(b) A continuous abatement notice will serve as notice to the
owner that each subsequent violation during the same
calendar year in which the initial notice of violation was
provided may be abated by the City without further notice.
Such notice shall comply with Indiana Code § 36-7-10.1-3.
Applicable Indiana Code (abbreviated):
IC 36-1-6-2 Local Government
Sec. 2. (a) If a condition violating an ordinance of a municipal
corporation exists on real property, employees or
contractors of a municipal corporation may enter onto that
property and take appropriate action to bring the property
into compliance with the ordinance. However, before
action to bring compliance may be taken, all persons
holding a substantial interest in the property must be given
a reasonable opportunity of at least ten (10) days but not
more than sixty (60) days to bring the property into
compliance. Continuous enforcement orders (as defined
in IC 36-7-9-2) can be enforced and liens may be assessed
without the need for additional notice. If the municipal
corporation takes action to bring compliance, the expenses
incurred by the municipal corporation to bring compliance
Designation
A property can be designated as under Continuous
Enforcement if:
• It is affirmed by the Hearing Officer at a
Code Enforcement Hearing
• It is added under the enforcement authority
of the Director of Code Enforcement
To qualify a property must have had:
• 2 completed abatements within
45 days
• 4 violation letters mailed within 60
days
A Continuous Enforcement Order is valid for two (2)
years. A new order may be issued at any time to
extend the Continuous Enforcement Order.
Abatement
Once designated as Continuous Enforcement, and
without additional notice to the owner, the order
allows for:
• Removal of trash and debris
• Mowing tall grass/weeds
• Trimming vegetation
• Boarding and securing the property
Penalties
Under Sec. 19-35, a continuous enforcement
property will be fined for each violation:
$500 for the 1st year
$750 for the 2nd year
$1,000 for the 3rd year
$1,500 for the 4th year and thereafter
Motorist and Pedestrian Visibility Issue: Corner Lot
(Can’t see cross street or sidewalk.)
See www.municode.com/library/in/south_bend/codes/code_of_ordinances for full ordinances, additional ordinances,
restrictions and information.