(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) The town shall give all persons holding a substantial interest in any real property which is not in compliance with § 92.01(A) ten days’ written notice to correct the condition and bring the property into compliance. Such notice may be in person by any member of the Town Marshal’s Department, or by mailing it by registered or certified mail with return receipt requested.
(2) For each day any person or entity shall be in violation of § 92.01(A) after the ten-day period set forth in I.C. 36-1 -6-2, said person shall be fined an amount not less than $50 per day.
(3) Furthermore, if the condition of said real estate has not been corrected within 30 days after the aforesaid ten-day notice period, the town may cause such condition to be corrected by mowing said grass or weeds; trimming such trees, shrubs, bushes, hedges or other foliage or vegetation; or by removal or cleanup of said motor vehicles, trash, waste, garbage, rubbish or unused building materials and the town shall cause an amount, which is the sum of the penalty levied pursuant to division (B)(2) above, and the cost of mowing, trimming, removal or cleanup, to be certified to the County Auditor as a charge against the taxes due and payable to the County Treasurer in the following year in accordance with I.C. 36-1-6-2, or a successor statute if said statute is repealed.
(4) The town may pursue any and all penalties described in I.C. 36-1-6-3 in addition to the penalties described in I.C. 36-1-6-4, or a successor statute of said statute is repealed, including attorney fees and court cost.
(5) No penalty shall be levied for violation of § 92.01(A), nor shall any action be taken by the town to bring the real property into compliance with § 92.01(A), unless all persons holding a substantial interest in the property are given a reasonable opportunity to bring the property into compliance.
(C) (1) When it is determined by the Town Council President that a real property requires the town to contract a lawn maintenance company or hire an individual to bring a real property into compliance with § 92.01(A) and (B), a fine of $500 per each mowing plus the cost of mowing shall be levied, plus attorney fees and court cost. All fines shall be placed in the General Fund Marshal Reserve Pay Account No. 101001116. All mowing fees shall be placed in the Local Roads and Streets Maintenance ROW Account No. 201001361. All attorney fees and court cost shall be placed in the General Fund Legal Account No. 101001315. All unused fines and fees received under penalties and fines of § 92.01(B) placed in these accounts shall carry over into these accounts for the next year’s budget every year.
(2) The town may pursue any and all penalties described in I.C. 36-1-6-3 in addition to the penalties described in I.C. 36-1-6-4 plus attorney fees and court cost, or a successor statute if said statute is repealed.
(3) No penalty shall be levied for violation of § 92.01(B), nor shall any action be taken by the town to bring the real property into compliance with § 92.01(B), unless all persons holding a substantial interest in the property are given a reasonable opportunity to bring the property into compliance.
(4) The town shall give all persons holding a substantial interest in any real property, which is not in compliance with § 92.01(B) ten days from written citation to correct the condition and bring the property into compliance. Such citation shall be in person by any member of the Town Marshal’s Department, or by mailing it by registered or certified mail with return receipt requested.
(5) For any person or entity in violation of § 92.01(B) after the ten-day period set forth in division (C)(4) above, said person shall be fined $500 per mowing plus the cost of mowing, attorney fees and court cost for the town to bring real property into compliance. This fine supersedes fines stated under fines and penalties as established by town § 92.01(A)(2)(b) for a not to exceed height for grass and weeds.
(6) Furthermore, if fines, mowing cost and penalties levied on said real estate has not been paid within 30 days, the town may cause to be certified to the County Auditor as a charge against the taxes due and payable to the County Treasurer to be forwarded to the town in the following year together with attorney fees and court cost in accordance with I.C. 36-1-6-2 or successor statute, if said statute is repealed.
(D) First citation issued to a property owner shall not incur any fines except those stated in division (C) above if property owner does not bring property into compliance. If it becomes necessary that the Town Marshal’s Department, under the direction of the Town Council President, or his or her designee, to issue a second citation or more within the same mowing season, a fine of $50 shall be imposed upon property owner for each citation written. If the property owner does not bring property into compliance after second citation or more within the same mowing season fines stated in division (C) above shall apply including the fine for the second or more citations.
(E) (1) If levied fines are not paid within 30 days, a lien will be sought against person or person’s responsible real estate with attorney fees and court cost in accordance with I.C. 36-1-6-2.
(2) The town may pursue any and all penalties described in I.C. 36-1 -6-3 in addition to the penalties described in I.C. 36-1-6-4, or a successor statute if said statute is repealed.
(3) Any prohibited act under § 92.02 shall incur a written warning for the first violation, fine in the amount of $100 for a second violation, $200 for a third violation and a penalty of $500 for a fourth and each subsequent offense, plus attorney fees and court cost.
(4) In addition to the fine prescribed above, in case the source of the noise violating § 92.02 continues for a period of more than three days, or is caused by repeated or habitual activity, the source of such noise may be considered a public nuisance. The town may, after notice, bring an action to compel compliance with § 92.02 pursuant to I.C. 36-1-6-2.
(F) The town may also seek injunctive relief against the operator of any such nuisance pursuant to I.C. 36-1-6-4.
(G) The town may seek removal costs and associated expenses and fees, including reasonable attorney fees, against the owner of any real property upon which a noise nuisance is located pursuant to I.C. 36-1-6-2. If those costs are not paid the town may seek to impose a lien upon the real estate upon which such a nuisance is located.
(I) The town shall give all persons holding a substantial interest in any real property, which is not in compliance with § 92.02, ten days’ written notice to pay imposed fines. Such notice may be in person by any member of the Town Marshal’s Department, or by mailing it by registered or certified mail with return receipt requested.
(J) Furthermore, if the imposed fines have not been paid within 30 days after the aforesaid ten-day notice period, the town may cause to be certified to the County Auditor as a charge against the taxes due and payable to the County Treasurer in the following year, together with attorney fees and court cost in accordance with I.C. 36-1-6-2 or successor statute, if said statute is repealed.
(Ord. 2010-T-046, passed 8-16-2010; Ord. 2011-TO-035, passed 6-13-2011; Ord. 2011-MO-042, passed 7-18-2011; Ord. 2016-TO-026, passed 9-12-2016)