Whenever a nuisance other than the public exhibition of lewd films and the sale of obscene publications if found to exist within the Town, the Town through any Town officer or employee designated by the Town Council may proceed to enforce compliance with this Article.
(a) By giving written notice to all persons holding a substantial interest in the property upon which such nuisance exists or upon the person causing or maintaining the nuisance, which notice shall be served as authorized by Indiana law and which notice shall contain the following:
(1) An order to abate the nuisance within a time certain which time shall be reasonable under the circumstances.
(2) The location of the nuisance, if the same is stationary.
(3) A description of what constitutes the nuisance.
(4) A statement of acts necessary to abate the nuisance.
(5) A statement that if the nuisance is not abated as directed, the Town may abate such nuisance and assess the cost thereof against such person.
(6) A statement that the finding of a violation and/or the billing of any amounts by the Town to the property owner can be appealed by filing a notice of appeal from administrative action within ten (10) days of the date of the finding or the receipt of the bill. The notice shall be filed at the Town Clerk-Treasurer’s Office on forms available at the Dyer Town Hall. All appeals from administrative action shall be heard by the Town Board of Zoning Appeals.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this article to abate the same, a duly designated officer or employee of the Town may proceed to take any and all action necessary including, but not limited to, entry onto any property where the nuisance exists to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
Any and all costs incurred by the Town in the abatement of a nuisance under the provisions of this article shall constitute a lien against the property upon which such nuisance existed and shall be certified by the Clerk- Treasurer to the County Auditor, who shall cause such costs to be placed upon the tax duplicate of the owner of such property and such costs shall then be collected from the owner as other taxes are collected. In addition, such costs shall be a debt which may be collected by the Town in an appropriate civil action; and
(b) By bringing an action in the name of the Town of Dyer before a Court of competent jurisdiction to:
(1) Enforce a civil Penalty for violation of this Article, which penalty shall be in a sum not to exceed $2,500.00; and/or
(2) Enjoin the violation of this Article or issue a $50.00 Ordinance Violation for first offenses in a calendar year payable through the Ordinance Violation Bureau. (Ord. No. 89-38, 10-10-89; Am. Ord. No. 2003- 01, 1-21-03)
Each day that any person shall violate any of the provisions or Sections of this Article shall be deemed to commit a separate offense.
(Ord. No. 92-9, § 3, 3-10-92)