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Whoever creates or maintains any nuisance defined in this chapter and who fails or refuses to abate such nuisance when so ordered, shall be fined not less than $50, nor more than $500, pursuant to a schedule established by the City Board of Public Works and Safety. A separate offense shall be deemed committed upon each day during or on which the violation occurs or continues beyond the date fixed for abatement of such nuisance. The action against any person to enforce a penalty by the city shall constitute a separate and additional legal remedy, and the fact that any proceedings by way of an injunction or for the abatement of any such nuisance has been or may be instituted by the city and may be pending or concluded, shall not affect this chapter or be considered in any way as a defense to such action for the penalty herein prescribed. In the case of a violation of § 92.01 of this chapter, an owner’s failure or refusal to abate or cause to abate a nuisance when ordered, and failure of an owner to reimburse the city for costs of abatement as fixed by the City Clerk-Treasurer, shall result in the city certifying such costs, including administrative costs, to the County Auditor who shall cause such costs, together with interest, to be added to the property’s tax duplicate to be collected as delinquent real estate taxes, pursuant to I.C. 36-7-10.1-1 et seq., which upon collection shall be deposited into the city’s General Fund. Provided, however, in the event such amounts collected arise from the mowing of weeds and neglected vegetation in order to abate a nuisance, such collected amounts shall instead be deposited into the city’s Park and Recreation Fund.
(Prior Code, § 92.99) (Ord. 2010-5, passed 7-6-2010; Ord. 2018-6, passed 2-20-2018)