(A) Owners and occupants of real property within the town shall maintain and use their property in a manner that does not constitute a nuisance and, otherwise, complies with this chapter. All other persons shall comply with this chapter to the extent it may be applicable. If the condition of private property is the basis of a violation notice issued under this chapter, then all owners and occupants of that property will be deemed to be violating persons and subject to enforcement actions and remedies of the town.
(B) If conditions on a property constitute a nuisance, as described in this chapter, an officer of the Police Department or a designated Code Enforcement Officer will, customarily, issue a written warning to the property owner and/or occupants, either by personal delivery or by leaving the notice on an exterior door.
(1) The issuance of a written warning, prior to the issuance of a violation, is discretionary and not a prerequisite to the issuance of a violation or an abatement action by the town; particularly for second and subsequent violations on the same property.
(2) If issued, a warning will:
(a) Describe, with reasonable particularity, the conditions that constitute a nuisance;
(b) Direct the property owner and/or occupants to abate the violation within a prescribed time, not less than 2 and not more than 7 days; and
(c) Advise the property owner and/or occupants that, if the nuisance is not abated within the prescribed time, a violation will be issued.
(C) If a nuisance is not abated, within the time prescribed in a written warning, an officer of the Police Department or a designated Code Enforcement Officer shall issue a violation to the property owner and/or occupants, either by personal delivery or by way of registered or certified mail, or other means by which a written acknowledgment of receipt may be requested and obtained. The violation notice shall:
(1) Inform the property owner and/or occupants of a violation of this chapter and describe, with reasonable particularity, the conditions that constitute a nuisance;
(2) Direct the property owner and/or occupants to abate the violation within a prescribed time;
(3) Inform the property owner and/or occupants that, if the violation is not abated, the town may elect to abate the violation and bill the violating person or persons for the costs incurred by the town, including administrative costs and attorney’s fees; and
(4) Advise the property owner and/or occupants that the violation may be appealed by submitting, within 10 days from the date of receipt of the violation notice, a written notice of appeal.
(D) If a violation of this chapter is not abated within the time prescribed in a violation notice, the town, as permitted by and pursuant to I.C. 36-1-6-2, 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.
(E) If the town abates a violation, it will issue a bill to the property owner for the costs it incurs in bringing the property into compliance with this chapter, including administrative costs, removal costs and attorney’s fees. A bill issued to the property owner under this section will be delinquent if not paid within 30 days after the date of the issuance of the bill.
(Ord. 2018-1, passed 5-3-2018; Am. Ord. 2019-4, passed 12-3-2019) Penalty, see § 93.99