For purposes of enforcing violations of Chapter 90, the Town Marshal, his deputies and any Code Enforcement Officers (hereinafter "CEOs") designated by the Town Council may enforce nuisance violations. CEOs may only enforce town code violations and shall not attempt to enforce any Indiana statutes.
(A) Enforcement of § 90.02 Animal Nuisances.
(1) For violations witnessed by members of the Police Department, the responsible party may be issued a citation for the code violation, in the officer's discretion.
(2) Alternatively, after witnessing a violation, or after receiving a complaint of an animal nuisance, inspecting the alleged violation and agreeing that a code violation has occurred, the Police Department should:
(a) Document the condition violating the town code and identify the responsible party (e.g., owner of animal, owner of real estate, tenant or occupant).
(b) Prepare a notice of violation to the responsible party, identifying the date, time and place of violation, the code section(s) violated, and the date by which the responsible party must correct the violation, allowing no less than ten days after mailing or service. The notice of violation shall be sent by first class mail, delivered personally to the responsible party, leaving a copy at the responsible party's residence, or by electronic service at an email address provided by the responsible party.
(c) After the time for correction has passed, the Police Department shall re-inspect the alleged violation and document the condition violating the town code. If the violation has not been corrected or abated, the Police Department shall issue a citation to the responsible party. The citation shall identify the date, time and place of violation, the code section(s) violated, the per-day penalties under § 10.99 associated with the violation, which shall commence on the date of the citation, and explain that the violation may be admitted, corrected and paid before the Clerk-Treasurer within 30 days after mailing the citation, or if not, it will be filed with the appropriate court as an ordinance violation. The citation shall be sent by first class mail, delivered personally to the responsible party, leaving a copy at the responsible party's residence, or by electronic service at an email address provided by the responsible party.
(d) If the citation is not admitted, corrected and paid to the Clerk-Treasurer's Office within 30 days, the citation shall be filed with the appropriate court as an ordinance violation and a copy will be sent to the Town Attorney.
(B) Enforcement of § 90.03(A), (B), (C), (E), (F), (G), (H), (I), (J), and (K) Real Estate Nuisances and § 90.04(A), Vehicle Nuisances, including abandoned vehicles that are at least three model years old, are mechanically inoperable, and are left on private property continuously in a location visible from public property for more than 20 days.
(1) For violations witnessed by members of the Police Department or CEOs, the owner and parties with substantial interests of record (the "owners") (e.g., owner, contract purchaser, tenant, mortgagee, and lienholders) may be issued a citation for the code violation, in the officer's or CEO's discretion.
(2) Alternatively, after witnessing a violation, or after receiving a complaint of a real estate or vehicle nuisance, inspecting the alleged violation and agreeing that a code violation has occurred, the Police Department or CEO should:
(a) Document the condition violating the town code and identify the owners.
(b) Prepare a notice of violation to the owners identifying the date, time and place of violation, the code section(s) violated, and the date by which the owners must correct the violation, allowing no less than 15 days after mailing the notice via certified mail and by first class mail, or ten days after personal service, leaving a copy at the owners' residence or by electronic service at an email address provided by the owners, of the notice.
(c) After the time for correction has passed, the Police Department or CEO shall re-inspect the alleged violation and document the condition violating the town code. If the violation has not been corrected or abated, the Police Department or CEO shall issue a citation for the violation to the owners. The citation shall identify the date, time and place of violation, the code section(s) violated, the per-day penalties under § 10.99 associated with the violation, which shall commence on the date of the citation, the date by which the owners must correct the violation, allowing no less than 15 days after mailing the citation via certified mail and by first class mail, or ten days after personal service, leaving a copy at the owners' residence or by electronic service at an email address provided by the owners, of the citation, and explain that town employees or contractors will thereafter correct the violation and issue a bill for the costs associated with bringing the real estate or vehicle nuisance into compliance. The citation shall specify that in the event the owners wish to appeal the citation, the owners must notify the Clerk-Treasurer within 15 days after the mailing of the citation sent via certified mail and by first class mail, or ten days after the personal service, the leaving of a copy at the owners' residence or the electronic service at an email address provided by the owners, of the citation, and request to be placed on the agenda of the next Town Council meeting, or at a later meeting at the option of the Clerk-Treasurer. At the meeting the Town Council members present shall vote for or against the appeal and the majority shall prevail. If the Town Council denies the appeal, the owners shall have seven days to comply with the citation.
(d) If the violation isn't corrected within the time permitted in the citation, and no appeal is taken, or if an appeal is taken and denied and the violation isn't corrected within the time permitted, the town or its contractors may enter the property and abate the real estate nuisance pursuant to I.C. 36-1-6, et seq. or the vehicle nuisance. The town employees or the contractor shall submit a statement of costs to the Clerk-Treasurer's Office upon completion, and the Clerk-Treasurer's Office shall issue a notice of abatement costs letter, which includes abatement costs, as well as administrative expenses of Clerk time spent generating notices and mailing costs, to the each of the owners by via certified mail and by first class mail, or by personal service, leaving a copy at the owners' residence or by electronic service at an email address provided by the owners.
(e) The notice of abatement costs shall specify that in the event the owners wish to appeal the notice, the owners must notify the Clerk-Treasurer within 15 days after the mailing of the notice of abatement costs letter sent via certified mail and by first class mail, or ten days after the personal service, the leaving of a copy at the owners' residence or the electronic service at an email address provided by the owners, of the notice of abatement costs letter, and request to be placed on the agenda of the next Town Council meeting, or at a later meeting at the option of the Clerk-Treasurer. At the meeting the Town Council members present shall vote for or against the appeal and the majority shall prevail. If the Town Council denies the appeal, the owner shall have seven days to pay the abatement costs.
(f) If the abatement costs aren't paid within the time permitted in the notice of abatement costs, and no appeal is taken, or if an appeal is taken and denied and the abatement costs aren't paid within the time permitted, the Clerk-Treasurer's Office shall complete and record a notice of lien with the County Recorder, pursuant to I.C. 36-1-6-2, so that the Auditor places the costs on the tax duplicate for the property to be collected as delinquent taxes are to be collected.
(C) Enforcement of § 90.03(D), Weeds and Rank Vegetation; Tall Grass.
(1) The Town Council shall be responsible for the administration of § 90.03(D), the Clerk-Treasurer's Office shall be responsible for the provision of all mailings and filings required as set forth below, and the Police Department or CEOs shall be responsible for personal service of notices.
(2) When the town officials become aware of the existence of a violation of § 90.03(D), a notice of violation shall be sent by first class mail, personal service, leaving a copy at the owner of record's ("owner") residence or by serving the agent of the owner, or at least one of the owners of real properly 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.
(3) If an initial notice of violation was provided in the manner described above, a continuous abatement notice may be posted at the property at the time of abatement instead of being sent by first class mail, certified mail, personal service or by leaving a copy at the residence of the owner. A continuous abatement notice serves as notice to the owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the town, or its contractors, without further notice.
(4) The notice of violation shall inform the owner of the following, which are the procedures hereby adopted for giving the owner notice, abating the nuisance and billing and collecting any sums due therefrom:
(a) There appears to be weeds and rank vegetation, including grass, growing on the owner's property exceeding six inches, contrary to § 90.03(D);
(b) The owner has 15 days after the mailing of the notice of violation sent via first class mail, or ten days after the personal service, the leaving of a copy at the owners' residence or by serving the agent of the owner, of the notice of violation to cause the property to be brought into compliance with § 90.03(D);
(c) In the event that the property is not in compliance within 15 days after the mailing of the notice of violation sent via first class mail, or ten days after the personal service, the leaving of a copy at the owners' residence or by serving the agent of the owner, of the notice of violation, the town or its contractors will enter the property and use their own equipment and personnel to mow the property to abate the violation;
(d) The owner will be billed following the provision of these services in the minimum sum of $250 which, depending on the administrative costs, actual hours of labor expended and costs of postage for notices, may be higher. That in the event that the bill is not paid within 30 days of its mailing to or service on the owner, the bill will be deemed delinquent. Delinquent weeds and rank vegetation abatement billings and tall grass billings may be collected by billing, by filing a civil action which will include reasonable attorneys fees, by having the Clerk-Treasurer certify the amount of the bill, plus any additional administrative costs incurred in certification, in a notice of lien with the County Auditor pursuant to I.C. 36-7-10.1-4 or by foreclosing a lien.
(e) That in the event the owner wishes to appeal the notice of violation or bill, the owner must notify the Clerk-Treasurer within 15 days after the mailing of the notice of violation or bill sent via first class mail, or ten days after the personal service, the leaving of a copy at the owners' residence or by serving the agent of the owner, of the notice of violation or bill and request to be placed on the agenda of the next Town Council meeting, or at a later meeting at the option of the Clerk-Treasurer. At the meeting the Town Council members present shall vote for or against the appeal and the majority shall prevail. If the Town Council denies the appeal, the owner shall have seven days to make payment. In the event the bill is not paid within seven days of the decision of the Town Council, it is delinquent and shall be collected as set forth above.
(D) Additional enforcement provisions.
(1) In addition to fines for violations of this chapter, the Town Council may:
(a) Declare the premises to be unsafe;
(b) Issue an emergency order where immediate action is required to protect the health and safety of the public or of the occupants of the premises; and
(c) Seek any of the additional relevant remedies provided by state law or local ordinance.
(2) Civil action or foreclosure for nonpayment.
(a) If the costs incurred by the town for the correction of the public nuisance are not paid to the town as herein provided and become delinquent, then the amount due the town for such corrective action, the penalty thereon and all costs of collection thereof, including a reasonable attorney's fee, may be recovered by the town in a civil action brought in the name of the town against the owner of the premises responsible for payment thereof.
(b) If the costs incurred by the town for the correction of a public nuisance is not paid to the town as herein provided and becomes delinquent, the town, as an additional or alternative remedy, may foreclose the lien created by this chapter as a means of collecting the amount due the town for sale of the premises be made without relief from valuation and appraisement laws.
(c) In addition to the enforcement remedies provided by this subchapter, the town may enforce the provisions of this subchapter, by all other legal remedies, including but not limited to, the use of a mandatory injunction to required abatement of any public nuisances within the town by the owner or occupant of the affected premises. In all such actions brought by the town to enforce the provisions of this subchapter, the town is entitled to recover all cost of such litigation, including reasonable attorney fees and all costs of collection.
(3) Transfer of ownership. It shall be unlawful and a violation of this chapter for the owner of any premises who has received a notice of violation to sell, transfer, mortgage, lease or otherwise dispose of the premises to another until the provisions of the notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee, or lessee a true copy of any notice of violation and shall furnish the town a signed and notarized statement from the grantee, transferee, mortgagee, or lessee acknowledging the receipt of such notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by the notice of violation.
(4) Continuous enforcement order.
(a) Any property owner who fails to abate any nuisance described in § 90.03, shall be deemed to be in violation of this section and may be issued a continuous enforcement order as set forth in this section. Notice of violations by the Town Council or its designee, shall be sent to the owners and parties with substantial interests of record (the "owners") (e.g., owner, contract purchaser, tenant, mortgagee, and lienholders) via certified mail and by first class mail, or by personal service, leaving a copy at the owners' residence or by electronic service at an email address provided by the owners.
(b) One letter within a calendar year shall be deemed sufficient notice for each and every lot, parcel, and lands owned by the offender within the corporate limits of the town. The town shall have the right to abate any real estate nuisance upon the owner's failure to do so within 15 days after the mailing of the continuous enforcement order sent via certified mail and by first class mail, or ten days after the personal service, the leaving of a copy at the owners' residence or the electronic service at an email address provided by the owners, of the continuous enforcement order. A continuous enforcement order may be posted at the property at the time of abatement in the event the town initially obtains service upon the property owner as required by I.C. 36-7-10.1-3. The continuous enforcement order shall serve as notice to the real property owner that each subsequent violation during the same calendar year for which the initial notice of the violation was provided may be abated by the town or its contractors.
(Ord. 2022-0412, passed 4-12-2022)