Examination of live fences; notice to cut or trim; collection of
expenses
Sec. 2. (a) The trustee of each township, the county highway
superintendent, the Indiana department of transportation, or other
officer in control of the maintenance of a highway shall between
January 1 and April 1 of each year, examine all hedges, live fences,
natural growths along highways, and other obstructions described in
section 1 of this chapter in their respective jurisdictions. If there are
hedges, live fences, other growths, or obstructions along the
highways that have not been cut, trimmed down, and maintained in
accordance with this chapter, the owner shall be given written notice
to cut or trim the hedge or live fence and to burn the brush trimmed
from the hedge or live fence and remove any other obstructions or
growths.
(b) The notice required under subsection (a) must be served by
reading the notice to the owner or by leaving a copy of the notice at
the owner's usual place of residence.
(c) If the owner is not a resident of the township, county, or state
where the hedge, live fence, or other obstructions or growth is
located, the notice shall be served upon the owner's agent or tenant
residing in the township. If an agent or a tenant of the owner does not
reside in the township, the notice shall be served by mailing a copy
of the notice to the owner, directed to the owner's last known post
office address.
(d) If the owner, agents, or tenants do not proceed to cut and trim
the fences and burn the brush trimmed from the fences or remove any
obstructions or growths within ten (10) days after notice is served,
the township trustee, county highway superintendent, or Indiana
department of transportation shall immediately:
(1) cause the fences to be cut and trimmed or obstructions or
growths removed in accordance with this chapter; and
(2) burn the brush trimmed from the fences.
All expenses incurred under this subsection shall be assessed against
and become a lien upon the land in the same manner as road taxes.
(e) The township trustee, county highway superintendent, or
Indiana department of transportation having charge of the work
performed under subsection (d) shall prepare an itemized statement
of the total cost of the work of removing the obstructions or growths
and shall sign and certify the statement to the county auditor of the
county in which the land is located. The county auditor shall place
the statement on the tax duplicates. The county treasurer shall collect
the costs entered on the duplicates at the same time and in the same
manner as road taxes are collected. The treasurer may not issue a
receipt for road taxes unless the costs entered on the duplicates are
paid in full at the same time the road taxes are paid. If the costs are
not paid when due, the costs shall become delinquent, bear the same
interest, be subject to the same penalties, and be collected at the
same time and in the same manner as other unpaid and delinquent
taxes.
As added by P.L.2-2002, SEC.11.
Last modified: May 24, 2006