§ 91.27 NOTICE OF NONCOMPLIANCE.
   (A)   Any landowner and person having substantial interest in the property found to be violating this subchapter shall be given written notice thereof, issued by the Building Inspector of the town, which notice, together with a copy of this subchapter, shall be served by the Town Marshal, or by certified mail, return receipt requested, to the last known address of the landowner and notifying the landowner that he or she has ten days to remove the weeds and other rank vegetation growing on said property.
   (B)   (1)   The failure on the part of a property owner to receive or collect his, her, or its mail shall not serve as a defense to abatement action, or action to collect for the cost of abatement, administrative cost, or fines.
      (2)   The owner, agent, occupant, leaseholder, individuals(s), manager, or representative shall have ten days from the date the above-referenced notice is sent to take the necessary corrective actions or measures to comply with this subchapter.
      (3)   The notice shall also inform the person receiving the same that in the event the town is required to take whatever action is set forth in the notice, that the expense incurred by the town shall be received by appropriate legal action to obtain a lien against the real estate for expenses incurred, that the person to whom the notice is given may be found to have committed a Class A infraction and in addition to said expense shall suffer a fine of up to but not exceeding $2,500 by a court of competent jurisdiction. The notice shall also include, pursuant to I.C. 36-7-10.1-3, that the noxious weeds and/or rank vegetation shall be removed by the town and any removal expenses, including administrative costs of $250 per abatement action, if not paid as hereinafter set forth, will be collected as delinquent taxes as defined in I.C. 36-7-10.1-4. The notice shall also set forth that the bill is due and owing and must be paid within 30 days of the date it is received.
      (4)   Pursuant to I.C. 36-7-10.1-3(d), if the initial notice of the violation was provided by the Town Marshal or deputy, certified mail, first class mail, or equivalent service under I.C. 36-7-10.1-3(c), a continuous abatement notice may be posted at the property at the time of abatement instead of certified mail, first class mail, or equivalent service as required under I.C. 36-7-10.1-3(c). This shall be in the form of a notice posted on the residence or on a sign located on the property. 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 town or its contractors.
(Ord. 2018-4, passed 5-1-2018)