(A) (1) Fines. Any person, firm or corporation who violates any provision of §§ 95.01 through 95.04 shall, upon conviction thereof, be fined in an amount not less than $100 nor more than $2,500 and may be subject to other penalties provided in this code. A separate offense shall be deemed committed upon each day during which a violation occurs or continues after the time has passed for correction stated in the notice of noncompliance. Any person, firm or corporation adjudged guilty of violating any provision of this subchapter may also be adjudged to pay the costs of prosecution. In addition, the Town Council may:
(a) Declare the premises to be unsafe as provided by the town’s Unsafe Building Law;
(b) Issue an emergency order where immediate action is required to protect the health and safety of the public or of the occupants of the premises as provided by the building code; and
(c) Seek any of the additional relevant remedies provided by the housing code or state law.
(2) Failure of owner or occupant to correct noncompliance; costs of removal. In the event the owner or occupant of the premises fails to correct the public nuisance condition of the premises as specified in the notice of noncompliance within the time required, the Town Council may proceed to correct the condition and shall keep an account of all costs incurred in correction of the public nuisance condition. The Clerk-Treasurer shall make a certified statement of all costs incurred by the town involved in correcting the public nuisance condition to be issued immediately to the owner or occupant of the premises in the same manner as provided for issuance of the notice of violation by §§ 95.01 through 95.04. The owner or occupant shall pay the amount of all costs incurred by the town as noted on the certified statement to the Clerk-Treasurer within 30 days from the date the certified statement is served upon the owner or occupants.
(a) Lien; delinquent accounts.
1. All costs by the town to correct a public nuisance as provided in this chapter shall be and the same is hereby declared a lien in favor of the town upon and against the premises on which the corrective activity is undertaken. All costs, together with any penalty applicable thereto as provided by this chapter, shall be collected in any manner provided by law. The lien herein created is superior to and takes precedence over all other liens except for the lien for taxes.
2. In the event the full amount due the town is not paid to the Clerk-Treasurer by the owner of the premises within 30 days after receipt of the certified statement expenses as provided herein, the costs shall thereupon become and is hereby declared to be delinquent and a penalty of 25% of the cost shall thereupon attach to the cost and be included in the lien as herein provided and shall be collectible in addition to the cost of the removal and disposal.
3. In the event a delinquency occurs for nonpayment of the costs set out in the certified statement, the Clerk-Treasurer shall record in the office of the County Recorder a notice of lien setting forth the name or names of the description of the premises as shown by the records of the County Auditor and the amount of the delinquent costs and the penalty thereon. The lien shall attach to the premises described in the notice of lien from the time of the recording of the notice of lien.
(b) Civil action; foreclosure for nonpayment.
1. If the costs incurred by the town for the correction of the public nuisance are not paid to the town as herein provided and become delinquent, then the amount due the town for the corrective action, the penalty thereon and all costs of collection thereof, including a reasonable attorney’s fee, may be recovered by the town in a civil action brought in the name of the town against the owner of the premises responsible for payment thereof.
2. If the costs incurred by the town for the correction of a public nuisance is not paid to the town as herein provided and becomes delinquent, the town, as an additional or alternative remedy, may foreclosure the lien created by this subchapter as a means of collecting the amount due the town, including the penalty thereon. In the event an action is brought to foreclosure the lien as herein created, the town is entitled to recover the amount due the town for nuisance correction, any penalty thereon and all costs of the foreclosure of the lien, including a reasonable attorney’s fee and the town shall order that the sale of the premises be made without relief from valuation and appraisement laws.
3. In the event the costs incurred by the town for nuisance correction is not paid to the town as herein provided and becomes delinquent, the Town Council, as a further additional or alternative remedy, may authorize the Clerk-Treasurer to certify to the County Auditor a true copy of the notice of lien and the amount of delinquent costs and any penalty thereon which shall then be charged to the premises on the tax duplicate and shall be collected in a manner that taxes are collected by law. Upon collection of the costs and penalty thereon, the County Auditor or any other appropriate official shall pay to the Clerk-Treasurer the total amount of the costs so collected together with the penalty thereon.
(3) Other legal remedies. In addition to the enforcement remedies provided by this subchapter, the town may enforce the provisions of this chapter, by all other legal remedies, including but not limited to the use of a mandatory injunction to require abatement of any public nuisances within the town by the owner or occupant of the affected premises. In all actions brought by the town to enforce the provisions of this subchapter, the town is entitled to recover all costs of the litigation, including a reasonable attorney’s fee.
(4) Transfer of ownership. It shall be unlawful for the owner of any premises who has received a notice of violation of this chapter to sell, transfer, mortgage, lease or otherwise dispose of the premises to another until the provisions of the notice of violation have been complied with or until the owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any notice of violation and shall furnish the town a signed and notarized statement from the grantee, transferee, mortgagee or lessee acknowledging the receipt of the notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by the notice of violation.
(Ord. 98-2, passed 11-19-1998; Am. Ord. 2000-04, passed 6-21-2000)
(B) Any person convicted of violating § 95.15 shall be fined in any amount not to exceed $10 and each day that weeds and grass are not mowed, after notice to the person, firm or corporation violating this section shall be deemed a separate offense.
(Ord. 823, passed 8-23-1966)
(C) No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises or cause or permit the same to be done, contrary to or in violation of any of the provisions of §§ 95.30 through 95.39 or any order issued by the town. Any person violating the provisions of §§ 95.30 through 95.39 or I.C. 36-7-9-28 shall commit a Class C infraction for each day the violation continues.
(1982 Code, § 7-30)