(A) Abatement action. In addition to the fines imposed under this section, in non-emergency situations where abatement is not accomplished immediately by the county, failure, neglect or refusal of any party to abate a nuisance required by the abatement notice shall authorize the Enforcement Authority to obtain the permission of the Board of Commissioners to abate the nuisance as set out in the abatement notice. Where such permission is sought, the Enforcement Authority shall file a copy of the abatement notice with the County Recorder, to give constructive notice to subsequent purchasers of the real estate is subject to the costs associated with the abatement, if applicable. Work may be accomplished by county employees if the work is within their capacity to accomplish. The work may be advertised for public bid and awarded to the lowest responsible and responsive bidder, or the county may contract for the work through solicitation of quotes or any other methods allowable under state law. Upon completion of the abatement, a statement of costs incurred for the abatement shall be forwarded to the person, corporation, partnership, sole proprietorship, other legal entity or to the record owner by certified mail.
(B) Civil actions. Should such costs remain unpaid ten calendar days after receipt by the record owner, tenant or occupant, or upon return of the certified mail as undeliverable, appropriate legal action may be taken to compel payment of abatement costs incurred. Any judgment for abatement costs obtained shall be filed as a judgment lien against the real estate upon which the nuisance was abated.
(C) Injunctive relief/civil remedies. In the alternative, where there has been noncompliance with the abatement notice, the county may seek equitable relief in a court of competent jurisdiction to compel compliance with the orders set out in the abatement notice. The court may issue such orders as provided in I.C. 36-7-9-17 through 36-7-9-22.
(D) Special assessment. If all or any part of the costs listed in this section remain unpaid for more than 15 days after completion of the work, the Enforcement Authority may send notice as provided in § 94.04(E) to each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser property the was subject to abatement. If the notice is sent, the Enforcement Authority shall also send notice to any mortgagee with a known or recorded substantial property interest. The notice must require full payment of the amount owed within 30 days. If full payment of the amount owed is not made less than 30 days after the notice is delivered, the Enforcement Authority may certify the following information to the County Auditor: the name of each person who held a known or recorded fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises; the description of the unsafe premises, as shown by the records of the County Auditor; and the amount of the delinquent payment, including all costs described in section § 94.99(B). The County Auditor shall place the total amount certified on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest, shall be collected as delinquent taxes are collected. The amount collected after all other taxes have been collected and disbursed, shall be deposited into the county general fund.
(Ord. 2013-5, passed 5-7-2013)