Board upholds tall‑grass violation but waives parking citation in Potter appeal

Columbia City’s Board of Works and Safety on May 26 upheld a tall‑grass citation against a resident but waived a related parking ticket tied to a utility trailer, splitting the board 2–1.

Mr. Potter appealed two citations: a tall‑grass violation under the city code provision cited in the record as 95.020 and a parking citation the record cites as 71.06 (and related references to 71.22). Potter argued the trailer cited in the parking ticket is not a "motor vehicle" under Indiana Code 9‑13‑2‑105 because it is not self‑propelled, and he said he did not receive certified mail for the grass notice, describing instead a notice left on his doorknob.

"Under Indiana traffic violations it defines a motor vehicle as being self‑propelled," Potter said, pressing that the city ordinance’s wording matters for enforcement.

The law enforcement coordinator responded that, on May 7, a notice for tall grass and parking issues was delivered in person by a government employee to the address listed in the city GIS and that the city code’s definition of "vehicle" (as enforced historically by staff) explicitly lists trailers among the devices covered. The coordinator said photos showed grass exceeding the eight‑inch threshold in parts of the yard and that the trailer had been relocated to the backyard after notice was given.

Board discussion focused on two discrete issues: whether delivery of the tall‑grass notice complied with the statute and whether the ordinance’s separate uses of the words "motor vehicle" and "vehicle" create a practical enforcement difference. Several members said the state statute permits either certified mail/registered delivery or delivery by a government agent and that staff had delivered notice in person. On the motor‑vehicle question, members acknowledged the state code distinguishes "motor vehicle" from other "vehicle" definitions but also noted a long municipal practice of treating trailers and similar devices as vehicles for code enforcement. One member recommended that the city council revise the ordinances to remove ambiguity.

After deliberation the board voted to uphold the high‑grass violation and to waive the 71.06 parking citation related to the utility trailer. The motion passed on a 2–1 vote. Board members said they would encourage Mr. Potter to continue cleaning the property and noted the council is likely to tighten ordinance language.

The board’s action was limited to the two citations under appeal; members recorded no further penalties in the hearing and indicated any ordinance changes would come through the city council.