Grass Too Tall? Nine inches Or More Could Prompt Action Against Owners In Warsaw
WARSAW — The city has investigated about 40 properties this season that are in violation of the environmental nuisance ordinance for tall grass and weeds.
All those rainy spring days have prompted lawns to grow more quickly this season and given city inspectors plenty to consider, but so far, only a few cases have led code enforcement to demand owners attend a hearing to explain the situation this year, according to Dana Hewitt, code enforcement officer.
City ordinance requires property owners to keep their grass shorter than 9 inches tall, which is typically below the calf of an average-sized adult. While the city tries to work with property owners, if owners are slow or resistant to comply, they can be told to appear before a city code enforcement hearing.
That was the case Tuesday for Jack Campbell, of Culver, and Lynn Campbell, of Florida, who appeared before hearing officer Tom Earhart Tuesday, June 25, after earlier contacts from the city did not result in any actions over conditions at 417 S. Union, that had been owned by Lynn’s father who passed away. The house is sitting vacant.
The property has had tall grass and weeds for an extended time this spring. They said a miscommunication about who would cut the grass led to the oversight. By the time of the hearing, the grass had been mowed partially, but it had grown so tall that it still did not meet city standards.
While they made progress and pledged to finish the job, Earhart declared the property a nuisance and warned them that they could face daily fines if it was not cleaned up.
Immediately after the meeting, the couple headed over to the Union Street property and continued to clean it up. They said they are eager to sell the property once the inheritance is settled.
CITY EFFORTS
In addition to complaints from neighbors, Hewitt said sometimes being alerted to one property with tall grass will prompt another review nearby.
Hewitt pointed out that another property to the southeast of the Union Street property at 419 W. Winona Avenue is also in violation for tall grass and a large tree that has fallen over. A neon green notice attached to the porch points out that the property is in violation.
When an environmental nuisance is identified, Hewitt said he tries to talk with the property owner or leave a notice of violation and wait ten days. If no action is taken, he reaches out again and provides another window of opportunity.
“If that person, for whatever reason, has a viable reason they can’t get it done but has the willingness to do it, I’ll give them another ten days,” Hewitt said.
After a second warning and no progress is seen, Hewitt can place the case on the docket for the next code enforcement hearing held at city hall and the owners receive a notification. The hearing notice, considered a legal document, often prompts action, he said.
Of the 40 or so cases investigated this year, only two have ended up before the hearing officer.
“That’s pretty good,” Hewitt said. “To date, we haven’t fined anybody. Usually, through persistence, we elicit cooperation.”
He said the city is promoting the ordinance through its Facebook page and other ways and that it’s making a difference.
“I’ve gotten a lot more calls this year because we’ve been proactive about getting the information out about our city ordinances,” Hewitt said.
Trash and environmental nuisance cases are documented together. Those include junky conditions along with tall grass and weeds. In 2017, the city investigated 158 such cases and had 140 cases in 2018. So far this year, they’ve looked into 60 cases, according to figures provided by Hewitt.
To learn more, check out the city’s code enforcement page on its website.