(A) (1) It shall be the duty of any city department, and specifically the duly appointed Planning and Zoning Administrator, to inspect from time to time the various lots lying within the corporate limits of the city, and if it is found that garbage, as defined in § 94.01; weeds, uncut grass and other unsightly vegetation as defined in § 94.01; or any trash or other rank elements as defined in § 94.01 that is deposited on, grows on or remains on any lot, it shall be the duty of the city official to report the same to the duly appointed Planning and Zoning Administrator for the City of Brazil, Indiana. The duly appointed Planning and Zoning Administrator shall verify the condition of the lot in question that has been reported, upon verification and concurrence in regard to a potential violation of city ordinance, shall ascertain the names of the owners, occupants or lessees of the city lot.
(2) The Planning and Zoning Administrator shall then notify the owners, occupants or lessees, in writing, that the lot is in violation of Ch. 94, Title IX of the City of Brazil Code of Ordinances in regard to garbage; weeds, uncut grass and other unsightly vegetation; or trash and other rank elements. The written notice shall be specific in regard to the condition alleged to be in violation of Ch. 93. Notice shall also inform the owner, occupant or lessee that the condition of the lot is to be remedied within 7 days from the date of notice. Notice shall be personally served on the owner of record or shall be sent to the owner of record as the name and address appears on the records of the County Auditor, by certified mail, regular mail, and a copy placed on the lot or parcel in question. When personal service is obtained, that shall constitute date of notice. When service is by certified mail, regular mail, and placing notice on the lot or parcel at issue, these notice procedures shall be done on the same day which is then deemed the date of notice.
(B) (1) Consistent with the duty of owners, occupants and lessees of lots or parcels of real estate located within the corporate boundaries of the city, to keep same free of public nuisances, the City Planning and Zoning Administrator, may utilize the inspection; notice provisions of this sub-section for “continuing violations and continued failure to abate.”
(2) In regard to the first violation of §§ 94.01 through 94.04, for any specific “lot” or “parcel of real estate” in a given calendar year, the inspection and notice procedures shall be as outlined in subsections (A)(1) and (2). In regard to this first alleged violation occurring in any given calendar year, where the owner, occupant or lessee fails to abate the nuisance and said nuisance is abated by the city, any subsequent inspection and notice of violation in the calendar year, shall be deemed a “continuing violation and continued failure to abate.” In that event, the inspection/notice provisions of subsections (A)(1) and (2), shall be followed by the Planning and Zoning Administrator for the city; however, the notice outlined in subsection (A)(2) shall additionally state that unless the specified public nuisance is abated by the owner, occupant or lessee of the “lot” or “parcel of real estate” within the corporate boundaries of the city within the required time, or unless a hearing is requested pursuant to § 93.04 (B), then the city shall take the abatement action contemplated in § 93.04, and shall continue to abate public nuisances in regard to “lots” or “parcels of real estate” subject to this subsection once each month for the remainder of the calendar year without further notice, if not otherwise abated by the owner, occupant or lessee.
(3) The Planning and Zoning Administrator for the city will prepare a list of properties subject to this subsection and present the list at the monthly meeting of the Board of Public Works and Safety for their approval of continuing abatement and continued failure to abate by owner, occupant or lessee.
(Ord. 12-2005, passed 4-27-2005; Am. Ord. 20-2006, passed 6-27-2006) Penalty, see § 94.99