§ 98.03 VIOLATIONS; NOTICE TO ABATE.
   Violations of § 98.01(C) shall be addressed as follows.
   (A)   Graffiti. Upon receiving a report or other notice of the existence of graffiti on private property in violation of the requirements of § 98.01(A)(7), the Police Department shall notify the owner and persons known to have a substantial interest in the property, in writing sent by certified mail, return receipt requested, together with a copy sent via first class mail, and demand that:
      (1)   The owner abate the graffiti within ten days of the date of such notice at the owner's sole expense; or
      (2)   The owner sign and return a waiver of liability to the Board within ten days of such notice permitting the city to abate the graffiti at no cost to the owner.
   (B)   (1)   Weeds and rank vegetation. When a violation of the requirements of § 98.01(A)(22) is found to exist, the Police Department shall serve written notice to abate upon owner at the last address of the owner for the property as indicated in the records of the County Auditor on the date of the notice, granting a minimum of five calendar days to abate the nuisance, by:
         (a)   Certified mail, return receipt requested, together with a copy sent via first class mail;
         (b)   First class mail; or
         (c)   Utilizing an equivalent service permitted under I.C. 1-1-7-1, 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.
      (2)   That notice shall contain:
         (a)   The address and telephone number of the Police Department;
         (b)   The penalty for failure to abate the nuisance; and
         (c)   A conspicuous notification that if the weeds, grass or rank vegetation are not abated within five calendar days of that notice, the city may abate the nuisance and seek recovery of its costs.
   (C)   All other public nuisances. When any other public nuisance, as defined in § 98.01, excluding those public nuisances addressed in divisions (A) or (B) above, is found to exist, the Police Department shall notify the owner and persons known to have a substantial interest in the property by certified mail, return receipt requested, together with a copy sent via first class mail, to abate the public nuisance. The notice shall state the following:
      (1)   The nature of the nuisance;
      (2)   The penalty for failure to abate; and
      (3)   The period of time allowed to abate, which, pursuant to I.C. 36-1-6-2, shall not be less than ten days nor more than 60 days.
   (D)   Emergency exception. When a public nuisance is found to exist which consists of the following, then the notice requirements of § 98.03(C) need not be followed and the city may abate the nuisance immediately (§ 98.05) and issue a citation (§ 98.04):
      (1)   Solid waste which could spread if not removed; or
      (2)   Dangerous items which pose a harm to the public.
(Ord. 2-C-13, passed 2-26-13; Am. Ord. 3-C-13, passed 7-9-13)