(A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter.
(B) The property owner is responsible for all collection costs associated with weed destruction, including, but not limited to, court costs, attorney’s fees and interest on any unpaid amounts incurred by the city. If the enforcement authority uses municipal employees, the city shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals that may be used, which for the first hour of cutting/mowing and removing weeds/rank vegetation shall be at a cost of $150, with a one-hour minimum. Thereafter, the property owner shall be charged $50 per hour per person for mowing/removal of weeds/rank vegetation, for each hour, or portion of an hour, beyond the first hour. If the enforcement authority employs the services of outside contractors to perform the abatement, any reasonable amount billed by the outside contractor shall be passed directly to the property owner. The property owner shall also be responsible for an administrative fee of $250 for the costs of preparing and mailing enforcement notices. The property owner shall also be responsible for the costs associated with recording and/or releasing any liens. The enforcement authority or City Clerk-Treasurer shall issue a bill for services to the property owner.
(C) All sums payable by the property owner are to be paid to the City Clerk-Treasurer and to be deposited in a general fund, as compensation for expenses and costs incurred by the city. The sums payable by the property owner shall be paid within 30 days of receipt of the bill for services. Pre-judgment interest for unpaid balances shall accrue interest at the rate of 8% per annum. Post-judgment interest shall be at the rate of 8% per annum.
(D) If the property owner fails to pay a bill issued under this subchapter within the time specified in this subchapter, the enforcement authority or City Clerk-Treasurer shall certify to the County Auditor the amount specified in the bill, plus any administrative costs, attorney’s fees and court costs, incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the city.
(Ord. 2005-06, passed 6-20-05; Am. Ord. 2015-005, passed 6-1-15; Am. Ord. 2017-006, passed 9-11-17; Am. Ord. 2018-006, passed 6-11-18)
Statutory reference:
For similar provisions, see IC 36-7-10.1-4