Weed Ordinance12/30/2009
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TOWN OF REMINGTON 

ORDINANCE NO. __________________ 

            An ordinance amending Section 93.07 of Remington's General Ordinances and more particularly referred to as the Weed Ordinance.

The Ordinance is hereby amended as follows:

A)    Definitions: The following terms and words are defined.

a)       Weeds: Weeds are defined as any plant/vegetation other than grass, which is not planted or intended for landscaping purposes. The term "weeds" shall not include plants commonly identified as flowers, trees or shrubbery. 

b)      Rank Vegetation: Rank vegetation is defined as any plant, including grass, individually or collectively which is not utilized in a landscaping plan by a homeowner and is not confined to a flower bed which plant or vegetation creates an unsightly appearance. The term rank vegetation includes grass in excess of six (6) inches in height. 

B)     Height: Grass in excess of six (6) inches in height is a violation of this ordinance and weeds in excess of six (6) inches are a violation of this ordinance. 

C)    Department. The department in charge of administering this ordinance is The Remington Street Department. 

D)    Procedures for notification. The procedures for notification are stated in Ordinance (93.07) except said ordinance is amended to require notice to a non-resident owner by certified mail at the owner's last known address and at the address maintained for record landowners in the office of the Jasper County Treasurer. 

E)     Procedures for entering property. The Town of Remington may enter real property to abate a violation of this ordinance after five (5) days have elapsed from providing notices as hereinbefore required. Except, if a notice is provided by certified mail, then and in that event, the Town of Remington may enter the real property after ten (10) days have elapsed from mailing the notice to the non-resident. Upon entering property the Town of Remington will attempt to notify the occupant of any residential property. 

F)     Procedure for issuing a bill. The procedures for issuing a bill are stated in the ordinance and, in addition thereto, it shall be the responsibility of the Superintendent of Remington's Street Department to determine and fix the bill based upon the following factors:

a) The height of the weeds or rank vegetation:

b) The size (area) of the real property;

c)      Equipment utilized to abate the violation of the ordinance

d) Materials, including gasoline utilized to abate a violation, the time required.

G)    Appeals: All appeals hereunder shall be processed in the following fashion:

a)      A Landowner who receives a violation notice may appeal the notice to the Remington Town Council. 

b)      All appeals must be in writing a submitted to the Remington Town Clerk. 

c)      The Remington Town Council will consider any appeal at a regularly scheduled Town Council Meeting.

1.  The Town of Remington acting by and through its Street Department will not enter a landowner's property if the landowner initiates an appeal and the Remington Street Department will not abate a violation of this ordinance until the Remington Town Council has resolved the landowner's appeal.

2. The following reasons will be deemed just cause for appeal and just cause to rescind a notice of violation:

a)      The landowner has abated a violation of the ordinance.

b)      The plants and vegetation growing on the landowner's real property are not weeds or rank vegetation as defined by the ordinance. 

c)      The Landowner has made provisions to abate a violation of this order and the Landowner satisfies the Remington Town Council that the violation will be abated within a time certain agreeable to the Remington Town Council.

3. The following matters will not be just cause for rescinding a notice of violation or opposing a Landowner's appeal.

a)       The Landowner has sold the real property pursuant to a land contract.

b)       The Landowner has rented the property to another individual/entity who is responsible for maintaining the real property. 

c)      The real property is in foreclosure proceedings.

 

            The foregoing ordinance is adopted this ____ day of July, 2009.

 

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