(A) Any person found to be in violation of any provision of this chapter, except for § 92.02(G), shall receive a notice of violation. In the case of littering, an order may be served without initial notice of violation.
(B) The notice of violation shall state:
(1) The date and location of the violation;
(2) The nature of the violation;
(3) The time period for correcting the violation;
(4) The potential fine(s) for the violation;
(5) The procedures if the violation is not corrected in the time specified on the notice of violation; and
(6) The name, address, and telephone number of the person to contact regarding the correction of the violation.
(C) The notice of violation shall be delivered upon an individual, or entity, alleged to have violated this chapter by:
(1) Mailed by registered or certified mail, or served by an equivalent means as permitted under I.C. 1-1-7-1, to his or her address as shown on the most recent records of the County Auditor with return receipt requested, and returned showing receipt of the notice of violation;
(2) Delivering a copy of the notice of violation personally, or by law enforcement officials serving in the county;
(3) Leaving a copy of the notice of violation at his or her dwelling house, or usual place of abode. Whenever delivery is made in this manner, the person making the delivery also shall send, by first class mail, a copy of the notice of violation to the last known address of the person being served, and this fact shall be shown upon the return; and
(4) For the purposes of this chapter, the date of delivery will be the date the notice of violation was sent by registered or certified mail, or the date delivered personally or by local law enforcement, or the date the notice of violation was left at the residence.
(D) The authorized enforcement agent shall be responsible for issuing the notice of violation.
(E) In cases of actions violating § 92.02, a notice of violation shall be issued by the authorized enforcement agent requiring the violator to remove, and properly dispose of, the trash and/or junk from the premises within 30 calendar days from the date of delivering the notice of violation, or within such extended period as may be determined by the authorized enforcement agent.
(F) In cases of actions violating § 92.03, a notice of violation shall be issued by the authorized enforcement agent requiring the violator to cut and/or remove the accumulation of weeds from the premises within 14 calendar days from the date of delivering the notice of violation, or within such extended period as may be determined by the authorized enforcement agent.
(G) In cases of actions violating § 92.04, a notice of violation shall be issued by the authorized enforcement agent requiring the violator to comply with said section within 30 calendar days from the date of delivering the notice of violation, or within such extended period as may be determined by the authorized enforcement agent.
(H) If the recipient of the notice of violation does not correct the violation, an order will be issued by either the Hearing Authority or the authorized enforcement agent, and shall be served upon the violator either in person or by registered, or certified, mail at his or her address, as shown in the records of the County Auditor.
(I) The order will state the date, time, and location for a hearing before the Hearing Authority to present evidence and arguments as to why an order for removal of violations, and/or a penalty, should not be issued for the described violation.
(Ord. 2019-01, passed 3-18-2019)