(A) Any owner in the real property found to be violating this subchapter shall be given a written violation notice thereof, issued by the Department, which notice, together with a copy of this subchapter, shall be served by personal service, service by USPS certified mail, regular mail, any other manner of service recognized under I.C. 1-1-7-1, or recognized under the State Rules of Trial Procedure, to:
(1) The owner of record of real property with a single owner; or
(2) At least one of the owners of real property with multiple owners; or at the last address of the owner for the property as indicated in the records of the county as indicated on the date of the notice.
(B) The failure on the part of a property owner to receive or collect mail shall not serve as a defense to any abatement action; or any action to collect for the cost of abatement, administrative costs, or fines unless otherwise permitted under law.
(C) The real property owner shall have 72 hours from the date the above-referenced notice is sent to take the necessary corrective actions or measures to comply with this subchapter.
(D) The notice shall also inform the real property owner that; in the event the real property owner fails to abate the violation and the town is required to take whatever action is set forth in the notice:
(1) The town, or its contractors, may enter the real property to abate a violation of this subchapter resulting in a bill becoming owed by the real property owner;
(2) The bill incurred by the town for the costs incurred by the town in abating the violation, including administrative costs provided by town ordinance, and removal costs, shall be billed to the real property owner;
(3) Except as otherwise provided, if the owner of the real .property fails to pay the bill issued by the town within 30 days, the Department shall certify to the County Auditor the amount of the bill, 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. The total amount, including any accrued interest, shall be collected in the manner that delinquent taxes are collected and shall be disbursed to the General Fund of the town; and
(4) If the owner of the real property fails to pay a bill issued within the time specified in this subchapter, the town may bring an action in an appropriate court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney’s fees. If the town obtains a judgment, the town may obtain a lien in the amount of the judgment on any real or personal property of the owner.
(E) Pursuant to I.C. 36-7-10.1-3(d), if the written violation notice was provided by certified mail, first class mail, or equivalent service, a continuous abatement notice may be posted at the property at the time of abatement. A continuous abatement notice serves as notice to the landowner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the town or its contractors.
(Ord. 17-03, passed 9-11-2017)