§ 98.05 FAILURE TO ABATE; ABATEMENT BY CITY.
   (A)   Upon the failure of the property owner, occupant, and/or any person holding a beneficial interest in the property upon whom notice to abate a public nuisance was served, to cause the abatement of the public nuisance as required by the notice, the city or its designee shall proceed at once to cause the public nuisance to be abated and shall prepare a statement of any and all cost incurred in the abatement thereof.
   (B)   In the event that the city, or its designee, shall cause a public nuisance to be abated on any property within the city, then as compensation to the city for its services in causing the abatement, the owner, occupant, and/or any person having a beneficial interest in the property shall be charged a fee determined by the city court based upon the amount of time spent in abating the public nuisance.
   (C)   In accordance with IC 36-1-6-2(a), the expenses incurred by the city to bring compliance constitute a lien against the property, the lien attaches when notice of the lien is recorded in the Office of the County Recorder. The lien is superior to all other liens except liens for taxes.
(Ord. 4, 2014, passed 6-2-14)