(A) Any owner, occupant or lessee of the lot who shall fail to remove or abate the ordinance violation involving garbage as defined in § 94.01, weeds, uncut grass or other unsightly vegetation as defined in § 94.01; or any trash or rank elements as defined in § 94.01 to be deposited on, grow on or remain on any lot, after receiving notice as provided in § 94.03, shall be subject to the duty of the Board of Public Works and Safety to cause the same to be removed or otherwise abated.
(B) (1) Any owner, occupant or lessee of any lot alleged to be in violation of the city nuisance ordinance, i.e. §§ 94.01, 94.02, 94.03 and 94.04, shall have the right to contest the alleged ordinance violation by notifying the City Planning and Zoning Administrator, who shall so inform the Board of Public Works and Safety of the person's request to be heard.
(2) If a hearing is requested, the Board of Public Works and Safety shall then have a hearing on the alleged violation to determine whether or not an ordinance violation has incurred prior to taking action to remove or rebate.
(C) When the Board of Public Works and Safety has affected the removal or abatement of the nuisance, the Board of Public Works and Safety shall prepare a sworn statement showing the cost of the work performed and they shall bill the owner of record. The bill shall be due and payable at the time of receiving the statement. The minimum amount shall be $25.
(D) (1) When the full amount due the city is not paid by the owner within 30 days after work has been performed, as provided in division (C) above, then, and in that case, the Board of Public Works and Safety shall certify the total cost to remove and abate, including postage and/or publication costs to the County Auditor.
(2) This certification shall be in the form of a sworn statement, showing the total cost and expense incurred, including the expense of notice and/or publication, the expense of the work done including the date of completion and the location of the property upon which the work was done for removal or abatement. This sworn statement shall be signed by the duly elected Mayor of the City of Brazil as Mayor and as a member of the Brazil, Indiana Board of Public Works and Safety. 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 of Brazil, Indiana in administering this chapter.
(3) At the city's discretion, the certification and sworn statement may also be provided to the Recorder of Clay County, Indiana, which sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due on principal and interest, plus cost, if any, for collection, until payment has been made, at which time a release of the lien shall be recorded.
(4) The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further shall be subject to a delinquent penalty the same as real estate taxes in the event same is not paid in full on or before the date the tax bill on which charges appears become delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the property designated or described in the statement and that the same is due and collectible as provided by law.
(Ord. 12-2005, passed 4-27-2005; Am. Ord. 20-2006, passed 6-27-2006) Penalty, see § 94.99