(A) Administration. The Street and Sanitation Department through the Code Enforcement Officer shall be responsible for the administration of this chapter.
(B) Notice to correct.
(1) If the city finds a violation of § 99.01, the Code Enforcement Officer shall mail to the property owner, at the address provided to the County Auditor for tax statements, a notice to correct the violation. If more than one property owner appears on the records of the County Auditor, notice is sufficient if only one property owner is provided notice.
(2) This notice shall advise the owner of the violation, describe the action to be taken by the owner to correct the violation, advise the owner that he or she has ten days to correct the violation, advise the owner of the city's remedies if the owner fails to correct, advise the owner of his or her right to appeal the determination of violation, and notify the owner of any other information which, at the city's discretion, will further comply with the city's ordinances.
(C) Appeal of notice to correct. If the owner contests the determination by the city that a violation exists, the owner may appeal this determination by filing with the Board of Public Works and Safety a written notice of appeal within seven days of the owner's receipt of the notice to correct. The owner shall be deemed to have received the notice to correct on the return of receipt if notified by certified mail or two days after the notice was mailed by regular first class mail by the city, whichever is later.
(D) Procedure for appeal of notice to correct. The Board of Public Works and Safety shall conduct an evidentiary hearing of the city's determination within 30 days after the notice of appeal is filed. At this hearing, the city shall have the burden of proving the violation. The violation must be proved by a preponderance of the evidence. The owner and the city may be represented by attorneys, and shall have the right to call witnesses and to confront them, and to present exhibits and other evidence for the Board's consideration. The Board shall issue written findings of fact and conclusions not more than ten days after the hearing and then mail the same to the parties. If the Board determines that a violation existed, the Board may exercise its remedies as provided herein. If the Board determines that no violation existed, the notice to correct shall be deemed void and have no force and effect.
(E) Remedies. In the event that the owner fails to correct the violation as provided for in the notice, the city shall have all of the following remedies.
(1) Fine. The city may fine the owner the sum of $100 for each day the violation remains unabated. The first day the fine can be assessed is the first day after the expiration of the ten-day cure period which begins on receipt by the owner of the notice to correct. The city is not required to provide to the owner any further notice or document as a precondition to assessing the fine. The fine will continue to accrue until the violation is corrected as provided for in the notice. The city shall notify the owner of the fine due, and the owner shall have 30 days from receipt of the notice to pay the fine to the Clerk-Treasurer. If the owner fails to pay' the fine within 30 days, the city may file a complaint for the collection of the fine which accrues due to the violation.
(2) City abatement. If the owner fails to timely abate each violation set forth in the notice to correct, the owner shall be deemed to have granted permission to the city to enter the owner's property for the limited purpose of cutting and/or removing such weeds, grass, or rank vegetation located thereon. In such case, the Code Enforcement Officer, or his designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the city in taking such action and provide this certified statement to the Clerk-Treasurer who shall serve a copy of the invoice on the owner. The owner shall, within 30 calendar days from the date on which the owner is served with such invoice, pay in full the amount stated thereon to the Clerk-Treasurer.
(3) Lien. If the city corrects the violation and incurs the expense of such corrective work, the city shall be entitled to a lien on the real property of the owner in an amount equal to the city's cost of correction and expenses incurred in the prosecution of the enforcement action.
(4) Attorney's fees and litigation expenses. If the city brings an enforcement action under this section, the owner shall be liable for any and all reasonable attorney's fees, court costs and litigation expenses incurred by the city in the enforcement action. The city shall notify the owner of these costs in the notice of fine, and the owner shall have 30 days from receipt of the notice to pay the sum to the Clerk-Treasurer. If the owner fails to pay the costs, the city may file a complaint for the collection of these fees, costs and expenses.
(5) Other remedies. The city shall also have any other remedy provided for by Indiana law or city ordinance. The city may exercise one or more remedies without waiving its other available remedies.
(F) Continuous abatement and notice. If an initial notice to correct was provided by certified mail or regular first class mail to an owner of property in violation of this chapter a continuous abatement notice may be posted at the property at the time of abatement by the city and serves as notice to the owner that each subsequent violation during the same year for which the initial notice to correct violation was provided may be abated by the city or its contractors.
(Ord. 17-2014, passed 6-23-14)