(A) Notice of costs. Upon completion of abatement by the town, its agents or contractors, a statement of costs shall be furnished to the Council. Thereafter, the Clerk-Treasurer, or her designee, shall issue a bill to each person required to be provided a notice under § 92.07 for such abatement costs, including any administrative costs. That bill shall be delivered by certified mail, return receipt requested, together with a copy sent via first class mail, both sent to the owner's address as it appears in the records of the County Auditor. The owner shall pay the amount of the bill to the Clerk-Treasurer within 30 days of the date of that notice, unless within that 30-day period the owner notifies the Clerk-Treasurer in writing of any objection to that bill (§ 92.11C).
(B) Lien for unpaid abatement costs. If that 30-day period has expired and either (i) no timely objection to the bill has been made or (ii) the Council has disallowed any timely objection, and the bill is not paid in full, the Clerk-Treasurer shall prepare an instrument for each lot or parcel of real property on which the costs are delinquent. Said instrument shall specify the following:
(1) The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent;
(2) A description of the premises, as shown in the records of the County Auditor; and
(3) The amount of the delinquent costs and the penalty. The Clerk-Treasurer shall record a copy of each list or each instrument with the County Recorder, who shall charge a fee for recording the list or instrument under the fee schedule established in I.C. § 36-2-7-10 and the amount of a lien shall be placed on the tax duplicate by the County Auditor. The total amount, including any accrued interest, shall be collected in the same manner as delinquent taxes are collected and shall be disbursed to the general fund of the town.
(C) Lien unavailable. Abatement costs shall not be enforceable as a lien against a subsequent owner of property unless the lien for the delinquent costs and penalty was recorded with the County Recorder before conveyance to the subsequent owner. If the property is conveyed before the lien is recorded, the town shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not later than 15 days after the date of the notice. If payment is not received within 180 days after the date of the notice, the amount due may be considered a bad debt loss.
(Ord. 2016-9, passed 8-22-2016)