(A) Abatement of public nuisances. Any violation of this chapter shall be deemed a nuisance and the Marshal is authorized to give written notice by mail to property owners ordering them to abate the nuisance.
(B) Summary abatement.
(1) Whenever a complaint is made to the Marshal that a public nuisance exists or has existed within the town, the Marshal shall forthwith inspect or cause to be inspected the premises and, whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same.
(2) If the inspecting officer shall determine that a public nuisance exists on private property and that there is danger to the public health, safety, peace, morals, or decency, the Marshal may serve a notice on the owner by certified mail, return receipt requested. Such notice shall direct the owner, to abate or remove the nuisance within ten days and shall state that unless such nuisance is so abated, the town will cause the nuisance to be abated and will charge the cost thereof to the owner.
(3) In the event that the town has to abate a violation of this section due to owner non- compliance, the town shall issue a bill to the owner of the real property for the costs incurred by the town in abating the violation, including administrative costs and removal costs. The bill shall be sent by the Clerk-Treasurer by certified mail, return receipt requested, or personal or copy service upon the land owner if he or she is a resident of the town, or by certified mail, return receipt requested, addressed to his or her last known address if he or she is not a resident of the town. The bill shall be paid within 30 days of receipt by the owner of the real property.
(4) In the event that the bill described in division (B)(3) above is not paid to the Town Planning Department within 30 days, the Director of the Planning Department shall certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. Pursuant to I.C. 36-7-10.1-4, the County Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(5) Any property owner wishing to appeal a notice of violation or a bill received due to the town’s abatement of the violation must submit a written request for appeal to the Marshal within ten days of receipt. The findings of the Marshal are subject to review by the Town Council if a request for review is filed with the Office of the Clerk-Treasurer by the property owner within ten days of the receipt of the Director’s written findings.
(C) Great and immediate danger and abatement by court action.
(1) If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the designated Department may direct the Chief of Police, or a Deputy Sheriff, to serve a notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant, or person causing, permitting, or maintaining the nuisance to abate or remove the nuisance within 24 hours.
(2) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency; the property owner has not responded to written notice; and abatement by the town is not feasible, the inspecting officer shall initiate an enforcement action in the Town Court to abate such nuisance in the name of the town.