(A) Fining procedure.
(1) Any person who violates any of the provisions of this chapter may be fined.
(2) The fines described in the notice of violation may include a civil infraction and is subject to a minimum one hundred dollars ($100) fine for investigation, inspection and administrative costs and a maximum fine of two thousand five hundred dollars ($2,500) for a first offense. A maximum of seven thousand five hundred dollars ($7,500) may be assessed for a subsequent offense. Each day such a violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day.
(3) If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(B) Cost of abatement of the violation. After abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest objecting to the amount of the assessment within ten (10) days. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment. Any person violating any of the provisions of this chapter shall become liable to the Town by reason of such violation. The liability shall be paid in not more than twelve (12) equal payments. Interest at the rate of eight percent (8%) per annum shall be assessed on the balance beginning on the first day following discovery of the violation. If such amount is not timely paid, then the Town may authorize the amount due and unpaid to the Treasurer of Hendricks County to be collected in the same manner as delinquent property taxes.
(C) Expenses. The Town may recover all remediation costs, legal fees, consultant fees, monitoring costs, construction costs, collection fees and any other costs borne by the Town related to the violation.
(D) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the Town to seek cumulative remedies.
(E) Transfer of ownership. No owner of any lands upon which a penalty or cost of abatement has been assessed shall sell, transfer, mortgage, lease, or otherwise dispose of to another until the amount has been paid, or until such owner first furnishes to the Town a signed and notarized statement from the grantee, transferee, mortgagee, or lessee, acknowledging and fully accepting the responsibility of payment.
(Ord. 2017-28, passed 10-12-17)