(A) Prohibition. It shall be a violation of this subchapter for any person to allow weeds and other rank vegetation, as defined in § 92.16, to exist on their property.
(B) Notice of violation.
(1) Notice of a violation of this subchapter will, by a duly authorized agent of the town, be handed directly or sent, by first- class mail or an equivalent service permitted under I.C. 1-1-7-1, to:
(a) The owner of record of real property with a single owner;
(b) At least one owner of real property owned by multiple owners.
(2) The notice shall:
(a) Inform the property owner of a violation of this subchapter;
(b) Direct the property owner to abate the violation within ten days;
(c) Inform the property owner that if the violation is not abated the town may elect to abate the violation and bill the property owner for the costs incurred by the town, including administrative costs; and
(d) Advise the property owner that the violation may be appealed by submitting, within the time prescribed in the notice for abating the violation, a written notice of appeal.
(3) If an initial notice of the violation is provided by certified mail, first-class mail, or other equivalent service under this division (B), a continuous abatement notice may be posted on the property. A continuous abatement notice serves as notice to the property 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.
(C) Abatement by the town.
(1) In the event a violation or of this subchapter is not abated within the time prescribed in the notice, the town may enter on to the property and abate the violation or contract with a private contractor to abate the violation. The town may abate an ongoing violation in the same manner and as often as the conditions on the property require.
(2) A duly authorized agent of the town shall prepare and mail to the property owner(s), at the tax billing address, via certified mail, return receipt requested, a bill for abating the violation. The bill shall state that payment is due within 30 days and that if payment is not timely made the town will certify to the County Auditor the amount of the bill, plus any additional administrative costs. The amount of the total bill, plus accrued interest, will be placed on the property tax bill for the property affected, to be collected as delinquent property taxes are collected.
(D) Appeal. A property owner may appeal a notice of violation or a bill issued under this subchapter by filing a written notice of appeal and requesting a hearing at the next regular meeting of the Town Council. At the hearing, the property owner may present evidence to the Town Council. Upon the conclusion of the hearing, the Town Council shall make a final decision concerning the appeal, take the matter under advisement, or take such other action as the Town Council deems advisable. During the pendency of the appeal, the town will cease enforcement and collection efforts.
(Ord. 2021-6, passed 9-14-2021)