(A) In the event any owner of real estate located within the geographical limits of the city fails to perform the duties set forth herein, the Department shall prepare and forward to the property owner a written notice calling for the cutting and removal of such weeds and rank vegetation within seven days of the date of the notice (“notice of violation”). The notice of violation shall be served upon the property owner by first class mail or an equivalent service permitted under IC 1-1-7-1, return receipt requested at the last known address as recorded in the Hamilton County Auditor’s office.
(B) If an initial notice of violation was provided by certified mail, first class mail, or equivalent service permitted under IC 1-1-7-1, a continuous abatement notice may be posted at the property at the time of abatement. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the city or its contractors.
(C) Any notice of violation issued pursuant to this chapter may be appealed if written notice of appeal is served by the property owner to the City Court within three days of the date of notice of violation. Upon appeal, the City Court shall set the matter for contested hearing and determine whether the property owner was in violation of this chapter and, if appropriate, assess fines pursuant to § 95.23(B). The timely appeal of a notice of violation shall toll the abatement period pending the issuance of a decision thereon by the City Court Judge.
(Ord. 120511A, passed 1-3-12; Am. Ord. 091613, passed 9-16-13; Am. Ord. 091514A, passed 11-17- 14; Am. Ord. 032017A, passed 3-20-17)