Chapter 8.10
TREES AND VEGETATION
Sections:
8.10.050 Regulation and specifications.
Prior legislation: Ord. 1958-03.
8.10.010 Public property.
It shall be unlawful for any person, firm or corporation to trim, remove or plant, injure or destroy any tree, vine, shrub, flower or plant within the limits of any public street, alley, thoroughfare, lawn, park, parkway or boulevard, without first obtaining written permission from the board of trustees of the town of Whitestown, Indiana. [Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 1]
8.10.020 Private property.
Said board of trustees hereafter be empowered and authorized to require the owners or occupants of property abutting any street or alley to remove or trim any tree, shrub, vine or plant, or part thereof, in front or along the property of any such owner or occupant[,] which may be dead or in any unsightly [ ] or dangerous condition, or which may project over such street beyond the property line of such owner or occupant to a height of 10 feet or less, according to the size, or any tree obstructing the free passage of pedestrians on the sidewalk, by first causing notice to be served upon such owner or occupant of the premises adjoining said street or alley 10 days prior to the time designated for the removal or trimming of any such tree, shrub, vine or plant. If said owner or occupant does not comply with the provision of this section within 10 days after receiving such notice, it shall be the duty of said board of trustees of the town of Whitestown, Indiana, at its next regular meeting, to cause a complaint to be filed before any court having jurisdiction herein, against such owner or occupant for violating the provisions of the ordinances of said town relating to the trimming of shade trees, shrubs, vines and plants. It shall further be the duty of such board of trustees of the town of Whitestown, Indiana, to direct the [chief of police] and/or street commissioners to cause such trees, shrubs, vines and plants to be trimmed in accordance with the requirements of such ordinance and to collect the costs thereof in the same manner as taxes are collected. [Ord. 2008-11 § 5; Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 2]
8.10.030 Permit of business.
It shall be unlawful for any person to engage in the business of cutting or trimming trees, shrubs, vines and plants in the town of Whitestown, Indiana, without first procuring from the clerk-treasurer a written permit authorizing any such person so to engage in any such business. [Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 3]
8.10.040 Trimming.
When trees are trimmed, all dead wood shall be cut out and all refuse removed. [Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 4]
8.10.050 Regulation and specifications.
The board of trustees of the town of Whitestown, Indiana, shall have further power from time to time to adopt rules, regulations and specifications, not inconsistent herewith, for the trimming, removal and protection of all trees, shrubs, vines and plants within the limits of any public street, alley, thoroughfare, park or lawn in said town, and have the power to regulate and prescribe the terms and conditions, not inconsistent herewith, upon which permits to trim, remove or cut any such trees, shrubs, vines or plants may be issued. [Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 5]
8.10.060 Application.
Application of WMC 8.10.070 through 8.10.090 shall not apply to any parcel(s) of land that is zoned agriculture. [Ord. 2009-19; Ord. 2007-08]
8.10.070 Weeds and grass.
It shall be unlawful for the owner or occupant of any lot or parcel of ground within the corporate limits of the town of Whitestown (hereinafter referred to as the “town”) to allow the growth of weeds and grass to exceed eight inches in overall height. The owner or occupant of a lot or parcel of ground shall maintain or arrange for the maintenance of the parcel with regular mowing and clearing of grass and weeds of the property, so that such growth remains below eight inches in overall height. [Ord. 2009-19; Ord. 2007-08; Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 6]
8.10.080 Violation.
Failure to maintain the grass and weeds by cutting and removing from any lot or parcel of land within the town corporate limits as provided in WMC 8.10.070 and this section shall be a violation of this chapter. [Ord. 2009-19; Ord. 2007-08; Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 7]
8.10.090 Enforcement.
The Whitestown police department shall issue a written ordinance violation warning to the owner or occupant of said property advising of the violation and of the responsibility that he has 10 days from the date of the warning to cut down and remove all weeds and grasses to below eight inches and to bring the property into compliance with this chapter. If the owner or occupant cannot be found, the ordinance violation warning may be placed upon the building of said property or affixed in another manner to the property and by doing so it shall constitute the warning being duly served.
Upon failure of the owner or occupant to comply with the written warning provided for in the preceding paragraph, the town shall cause the weeds and grasses to be cut and removed from the property at issue and the town shall maintain an accurate account of the expense incurred as a result of such cutting and removing of weeds or grasses on each lot or parcel of ground, including all costs incurred in providing notice to owner/occupant, and notice to the county auditor together with the description of the lot or parcel of ground to be placed on the tax duplicate and collected as taxes against such lot or parcel of ground as provided by law.
If within a 90-day time period from the issuance of an ordinance violation warning said lot or parcel of ground is not kept maintained in accord with this chapter, the Whitestown police department may then issue a ticket for repeated violation of an ordinance. The fine for such shall be no less than $100.00 or more than $1,000.00. The money derived from such fines shall be deposited into the town’s general fund. [Ord. 2009-19; Ord. 2007-08; Ord. 1984-05 § 10. Prior code Title 3, Art. 5, Ch. 1, § 8]