(A) (1) If an appeal of an abatement order is duly filed as provided by § 91.04(B)(5) of this chapter, the Clerk-Treasurer shall present the request to the President of the Town Council, who shall schedule a hearing within 30 days of the filing; the hearing may be conducted at either a regular or special meeting of the Town Council, but shall be open to the public. The Clerk-Treasurer shall give written notice to the appellant of the date, time and place of hearing. The appellant may appear in person, by attorney or may make a written appearance, but in all events shall be obliged to show to the satisfaction of the Council that:
(a) The cited act or condition does not, in fact, constitute a substantial public nuisance within the meaning of this chapter or any other town ordinance; or
(b) The required abatement would work an undue hardship on the appellant or others such as to outweigh any benefits to the public.
(2) In addition to the appellant, any other resident of the town shall have a right to be heard as to whether or not the abatement order should be enforced. After the hearing, the Town Council shall adopt a motion either rescinding the abatement order or upholding the same. However, if it upholds the order, the Council may grant an extension of the deadline for compliance, as it deems reasonable in the circumstances, or may modify the requirements for abatement.
(Prior Code, § 4-3-5)
(B) If any person, having been served notice of liability for a Class B nuisance, or having appealed such notice and the order being upheld as provided by division (A) above and § 91.04 of this chapter, fails to abate such nuisance within the applicable deadline, the enforcement officer shall cite such person for a penal violation of this chapter, and shall further give written notice to the Town Council President and the Town Attorney of the person’s failure to abide by the order. Thereupon, the Town Council President, in consultation with the Town Attorney, may:
(1) Direct an appropriate officer or department of the town to enter upon the property from which the nuisance emanates, or to employ a private contractor to do so, and perform the necessary corrective action, keeping an accurate account of all costs incurred by the town, which account of costs shall be invoiced to the owner of the property by the Clerk-Treasurer shall direct the Town Attorney to take and file a lien against the property as provided by I.C. 36-1-6-2 and other applicable provisions of law governing the taking of property liens; or
(2) Direct the Town Attorney to file an action for injunction against the violator as provided by I.C. 36-1-6-4(a), or under any other law whereby an injunction or order of mandamus may be sought to enforce a town ordinance, and including a collateral action to recover all costs to the town, including attorney’s fees.
(Prior Code, § 4-3-6)