(A) If the violation is not abated within 14 days of sending the notice, the owner or person responsible shall be subject to penalties provided in § 90.99. Further, the town or its contractor(s) may enter the real property and abate the violation. At the time of the abatement, the town may post a continuous abatement notice at the property, giving the owner notice that each subsequent violation during the same calendar year for which the initial notice of the violation was provided may be abated by the city or its contractors.
(B) If the town abates the violation, the town shall issue an invoice to the owner or person responsible for the costs incurred by the town in abating the violation, including administrative costs, removal costs, the cost of sending notice, and attorney’s fees. If the owner or person responsible fails to pay an invoice issued under this chapter, said invoice shall accrue interest in an amount of 8% per annum. The town shall certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the town.
(I.C. 36-7-10.1-4)
(C) The town may further institute an action in the name of the town against the owner or person responsible for any remedy available under law and for the recovery of penalties or the amount of the expense of the abatement and related costs, including attorney’s fees.
(D) The owner may appeal an invoice issued under this section within ten days of its issuance by filing a written request for a hearing before the Town Council, which shall be heard at the next regularly scheduled meeting of the Town Council. An appeal request shall stay the interest as of the date the request is received by the town, but may be reinstated in full if said appeal is denied.
(E) Disposition of abandoned or inoperable vehicles shall be conducted pursuant to I.C. 9-22-1 et seq. The responsibility and liability of the vehicle’s owner shall be that as set forth in I.C. 9-22-1 et seq. Neither the owner, lessee, nor occupant of the property from which an abandoned or inoperable vehicle is removed nor the Police Department is liable for loss or damage to the vehicle or its contents occurring during its removal, storage, or disposition.
(Ord. 2020-2, passed 7-6-2020) Penalty, see § 90.99