Violations of § 92.01(C) shall be addressed as follows:
(A) Graffiti. Upon receiving a report or other notice of the existence of graffiti on private property in violation of the requirements of § 92.05(A)(7), the Town Marshal or Council's designee shall notify the owner and persons known to have a substantial interest in the property, in writing sent by certified mail, return receipt requested, together with a copy sent via first class mail, and demand that (i) the owner abate the graffiti within ten days of the date of such notice at the owner's sole expense; or (ii) the owner sign and return a waiver of liability to the Council within ten days of such notice permitting the town to abate the graffiti at the owner's expense.
(B) Weeds and rank vegetation. When a violation of the requirements of § 92.05(A)(22) is found to exist, the Town Marshal or Council's designee shall (i) serve written notice to abate upon owner by certified mail, return receipt requested, together with a copy sent via first class mail, or (ii) utilize an equivalent service permitted under I.C. § 1-1-7-1 to: (a) the owner of record of real property with a single owner; or (b) at least one of the owners of real property with multiple owners; at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, granting a minimum of five calendar days to abate the nuisance. That notice shall contain:
(1) The address and telephone number of the Clerk-Treasurer;
(2) The penalty for failure to abate the nuisance; and
(3) A conspicuous notification that if the weeds, grass or rank vegetation are not abated within five calendar days of that notice, the town may abate the nuisance and seek recovery of its abatement costs incurred by the town in bringing the property into compliance with this chapter, including administrative fees, removal costs, and any penalties.
(C) All other public nuisances. When any other public nuisance, as defined in § 92.05, excluding those public nuisances addressed in divisions (A) or (B) above, is found to exist, the Town Marshal or Council's designee shall notify the owner and persons known to have a substantial interest in the property by certified mail, return receipt requested, together with a copy sent via first class mail, to abate the public nuisance. The notice shall state the following:
(1) The nature of the nuisance;
(2) A description of the corrective action to be taken to abate the public nuisance;
(3) The penalty for failure to abate; and
(4) The period of time allowed to abate, which, pursuant to I.C. § 36-1-6-2, shall not be less than ten days nor more than 60 days.
(D) Emergency exception. When a public nuisance is found to exist which consists of (i) solid waste which could spread if not removed, or (ii) dangerous items which pose a harm to the public, then the notice requirements of § 92.07(C) need not be followed and the town may abate the nuisance immediately (§ 92.09) and issue a citation (§ 92.08) without first issuing a notice to abate.
(Ord. 2016-9, passed 8-22-2016)