(A) The owner and/or entity in possession or in charge of any lot, parcel, or tract of land abutting upon or including a sidewalk within the city shall:
(1) Not permit that sidewalk to become materially out of repair, uneven, or broken so as to endanger the safety and or physical wellbeing of pedestrians and other members of the traveling public;
(2) Not construct, allow, or maintain any drains which result in water running on or over that sidewalk;
(3) Keep that abutting or included sidewalk free and clear of accumulations of dirt, filth, snow, ice, or other material obstruction to pedestrians and/or the traveling public; except when actively receiving deliveries or removing items from the premises. This exception may not be for a time period longer than is reasonably necessary, with the exercise of due diligence, to complete that delivery and/or removal.
(B) Decorative items and/or the display of items otherwise legally offered for sale upon that lot, parcel, or tract are permitted upon that abutting or included sidewalk only, and further are subject to the foregoing limitation on material obstruction, with such other exceptions as are expressly approved in advance by the Board of Public Works and Safety (the "Board").
(C) No person shall dump or place any item, substance, or material on a city street or sidewalk without prior written approval of the Board, when doing so might reasonably be expected to materially endanger, obstruct, or offend the traveling public.
(D) Notice of Violation; Citation. Violations of this section shall be addressed as follows:
(1) The City Citations Officer shall issue a written notice of violation upon finding a violation of division (A)(1) or (2). The City Citations Officer 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 violation. The notice shall state the following:
(a) The nature of the violation,
(b) A description of the corrective action to be taken to abate the violation,
(c) The penalty for failure to abate,
(d) 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, and
(e) Provide the owner right to submit specific written objections to the proposed abatement action to the City Clerk-Treasurer within ten days of the date of the notice, which will be heard by the Board at its next regularly-scheduled meeting.
(2) The City Citations Officer shall issue a written notice of violation upon finding a violation of division (A)(3). The City Citations Officer shall notify the owner: (i) to abate the violation within 24 hours or within the time stated in the notice; and (ii) the penalty for failure to abate, by hand delivering and/or posting the notice at the subject property with a copy mailed to the owner via first class mail.
(E) Citation for Violation. The City Citations Officer may cause to be issued a citation consistent with the penalty provisions of § 100.99 if, after the expiration of the time period provided in the notice specified in division (D), he determines that the owner has failed to abate the nuisance.
(F) Abatement Authorized.
(1) City may abate the violations of division (A) in addition to the issuance of a citation pursuant to division (E) if, after providing the notice pursuant to division (D), the owner fails to abate the violation and either: (i) no appeal has been made pursuant to division (D)(1); or (ii) an appeal has been made pursuant to division (D)(1), was considered by the Board, and the Board has so directed.
(2) Upon completion of abatement by city, its agents or contractors, the Clerk-Treasurer, or her designee, shall issue a bill to each person required to be provided a notice under division (D) for such abatement costs, including administrative costs and removal costs. That bill shall be delivered by certified mail, return receipt requested, together with a copy sent via first class mail, both sent to the owner's address as it appears in the records of the County Auditor. The owner shall pay the amount of the bill to the Clerk-Treasurer within 30 days of the date of that notice, unless within that 30-day period the owner notifies the Clerk-Treasurer in writing of any objection to that bill.
(3) (a) If that 30-day period has expired and either (i) no timely objection to the bill has been made or (ii) the Board has disallowed any timely objection, and the bill is not paid in full, the Clerk-Treasurer shall prepare an instrument for each lot or parcel of real property on which the costs are delinquent. Said instrument shall specify the following:
1. The name or names of the owner or owners of each lot or parcel of real property on which costs are delinquent;
2. A description of the premises, as shown in the records of the County Auditor; and
3. The amount of the delinquent costs and the penalty.
(b) The Clerk-Treasurer shall record a copy of each list or each instrument with the County Recorder, who shall charge a fee for recording the list or instrument under the fee schedule established in I.C. 36-2-7-10 and the amount of a lien shall be placed on the tax duplicate by the County Auditor. The total amount, including any accrued interest, shall be collected in the same manner as delinquent taxes are collected and shall be disbursed to the general fund of the city.
(Ord. 26-C-86, passed 10-17-86; Am. Ord. 15-C-03, passed 10-14-03; Am. Ord. 4-C-17, passed 4-11-17) Penalty, see § 100.99