§ 152.077  NONCOMPLIANCE WITH ORDER TO ABATE.
   (A)   Upon the failure, neglect or refusal to properly comply with the order to abate within the prescribed time period, the Director of Planning may cause to be done whatever work is necessary to abate the public nuisance. An account of the cost of abatement shall be kept for each separate assessor's parcel involved in the abatement.
   (B)   When the town has completed the work of abatement or has paid for such work, the owner of the property shall pay the costs of abatement to the Town of Ellettsville's Clerk Treasurer.
   (C)   The Town's Clerk-Treasurer shall produce a certified statement within ten business days of the actual cost incurred by the town in the abatement process.
   (D)   The statement shall be delivered to the owner of the real estate by certified mail, and the owner shall have not more than 30 days within which to pay the amount to the Clerk-Treasurer.
   (E)   The combined amounts shall be included in a bill and sent by mail to the owner or his or her agent for payment, if not paid prior thereto.
   (F)   The bill shall apprise the owner that failure to pay the bill within 15 days from the date of mailing may result in a lien or assessment being placed upon the property.
   (G)   A certified copy of the assessment shall be recorded by the Clerk Treasurer in the office of the Monroe County Auditor. The amounts and the costs of abatement mentioned in the report as confirmed shall constitute a special assessment against such property, and are a lien on the property for the amount of the respective assessment.
   (H)   In addition to its rights to impose said special assessment, the town shall retain the alternative right to recover its costs by way of civil action against the owner and person in possession or control jointly and severally.
(Ord. 2013-17, passed 2-24-2014)