(A) Town to abate. If the landowner or person to whom the citation and notice to abate nuisance is directed fails to timely abate each violation set forth therein the landowner or person to whom the citation and notice to abate nuisance is directed shall be deemed to have granted permission to the town to enter the property for a limited purpose of abating the nuisance including, but not limited to, cutting and/or removing debris, weeds, or rank vegetation located thereon. In such case, the Clerk-Treasurer shall prepare a statement as to the actual administrative and other costs incurred by the town in taking such action, and serve a copy of the invoice on the landowner or person to whom the citation and notice to abate nuisance was directed. The landowner or person to whom the citation and notice to abate nuisance was directed shall, within seven calendar days from the date on which the landowner or person to whom the citation and notice to abate nuisance was directed is served with such invoice ("payment period") pay in full the amount stated thereon to the town.
(B) Appeal of costs. Any invoice issued pursuant to this chapter may be appealed to the Town Council if written notice of appeal is served on the Clerk-Treasurer within seven calendar days from the date on which the invoice is served on the landowner or person to whom the citation and notice to abate nuisance was directed. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the Town Council.
(C) Failure to pay. If the landowner or person to whom the citation and notice to abate nuisance was directed fails to timely pay an invoice issued pursuant to this chapter the Clerk-Treasurer may certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of the same. The Auditor shall place the total amount so certified on the tax duplicate for the property at issue, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(D) Time of appeals. The Town Council shall hear any timely requested appeal of a citation and notice to abate nuisance or invoice within a reasonable time thereafter at a time and place fixed by the Town Council following receipt of the same, and shall thereafter promptly issue a written decision granting or denying in whole or in part, the appeal. The date on which the Town Council's decision is served on landowner or person to whom the invoice was directed shall thereafter become the first calendar day of the payment period, as applicable.
(E) Penalty.
(1) A judgment of violation of the provisions of this chapter entered against a person shall subject the person to a penalty of not less than $75 and not more than $2,500. Each day shall constitute a separate violation. The landowner or person to whom the citation and notice to abate nuisance was directed may, within seven days from the date of the payment notice for failure to abate nuisance, pay the Clerk-Treasurer (the Violations Clerk), as a fine for and in full satisfaction of such violation, the sum of $75. Upon failure of the individual to make such payment within the seven-day period, the original fine shall increase by $20 per day for a maximum of five days. If this enhanced fine is not paid in full through the Clerk-Treasurer (the Violations Clerk) on or before the date and time set forth in the payment notice for failure to abate nuisance, the individual who has been issued said payment notice for failure to abate nuisance shall be subject to the general penalties provided for violations of this chapter. All fines received for violations of this chapter shall be deposited into the town's General Fund pursuant to applicable law.
(2) Failure to satisfy civil penalty; prosecution; trial for violations. A person who receives a citation and notice to abate nuisance or a payment notice for failure to abate nuisance for a violation of this chapter may elect to stand trial for the violation by indicating on the citation and notice to abate nuisance or the payment notice for failure to abate nuisance his intent to stand trial and returning a copy of the citation and notice to abate nuisance or the payment notice for failure to abate nuisance to the Clerk-Treasurer (the Violations Clerk). The returned copy of the citation and notice to abate nuisance or the returned copy of the payment notice for failure to abate nuisance shall serve as notice of the person's intent to stand trial and the issuance of additional citations and additional monetary fines as prescribed in this chapter shall be stayed upon receipt of same by the town. The notice to stand trial shall be given at least five days before the date that payment of the citation and notice to abate nuisance is due as set forth below. On receipt of the notice of intention to stand trial, a lawsuit may be commenced by the town or appropriate enforcement official as provided by applicable law to enforce the terms and provisions of this chapter.
(3) If a person who receives a citation and notice to abate nuisance or payment notice for failure to abate nuisance fails to do the following, the town designated enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this chapter:
(a) Pay the assessed fine and invoiced amount within 45 days after the issuance of the citation or payment notice;
(b) File a petition as prescribed above; or
(c) Give notice of his intention to stand trial as prescribed above,
(4) Seeking a civil penalty as authorized in this chapter does not preclude the designated enforcement entity from seeking alternative and additional relief from the court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of this chapter adopted or action taken under the Indiana Code.
(5) In the event that a violation of this chapter is determined to exist by a court of competent jurisdiction, the landowner or person to whom the citation and notice to abate was directed shall be liable to the town for the town's reasonable attorney fees and court costs.
(Ord. 2001-1, passed 11-6-01; Am. Ord. 2012-8, passed 6-5-12)