(A) (1) The Department shall send, by first class United States mail, a notice of cost of removal of obstructions or making other necessary corrections to the owner after completion of the removal or correction and determination by the Department of Storm Water Management of the costs incurred in removing the obstructions or making other necessary corrections or upon receipt by the Department of Storm Water Management of an invoice from the contractor which removed the obstructions or made other necessary corrections.
(2) The notice shall include the property address and the short form legal description of the property or the real property parcel number as shown on the records of the Assessor of Warrick County, from which the obstructions were removed or corrections made, the date or dates on which the obstructions were removed or corrections made, the cost of the actual removal of the obstructions or making other necessary corrections and the administrative costs as provided herein above.
(3) The notice shall inform the owner that unless the Chandler Town Clerk-Treasurer receives payment in full within 15 calendar days of the mailing of the notice, that the Town of Chandler will file a copy of the notice with the Auditor of Warrick County.
(4) Any costs incurred in the filing of the notice with the Auditor of Warrick County shall be added to the amount owed by the property owner.
(5) The Auditor shall, pursuant to Indiana law, place the amount claimed on the tax duplicate against the property effected by the work.
(6) The amount collected shall accrue interest at the rate of 8% per annum from the date of the lien. The amount, including accrued interest, shall be collected as taxes, are collected and shall be disbursed to the general fund of the town.
(B) An owner desiring to appeal the costs of removal of obstructions or making other necessary corrections, shall petition the Town Council in writing within 15 days of the date of mailing of the notice of costs incurred, as aforesaid. The basis for appeal which the Town Council may consider are as follows:
(1) The obstructions for which the notice was issued were not removed by the Department of Storm Water Management, town employees or contractors;
(2) The corrective measures for which the notice was issued were not performed by the Department of Storm Water Management, town employees or contractors;
(3) The obstructions for which the notice was issued were removed by the Department of Storm Water Management, town employees or contractors before the 30-notice required by this subchapter;
(4) The corrective measures for which the notice was issued were performed by the Department of Storm Water Management, town employees or contractors before the 30-day notice required by this subchapter and no emergency was declared under § 50.99(C)(3)(b);
(5) The amount of charges is incorrect; and
(6) The owner was not given notice.
(C) The Town Council shall consider the appeals and shall take the action as the Council deems just and appropriate with regard to the circumstances as warranted by the evidence.
(Ord. 2004-11, passed 11-15-2004)