(A) In addition to fines imposed under § 99.15, in non-emergency situations where abatement is not accomplished immediately by the city, failure, neglect, or refusal of any party to abate a nuisance as required by the abatement notice shall authorize the enforcement authority to obtain the permission of the Board of Public Works and Safety to abate the nuisance as set out in the abatement notice. Where such permission is sought, the enforcement authority shall file a copy of the abatement notice with the Recorder of Howard County, Indiana, to give constructive notice to subsequent purchasers that the real estate is subject to the costs associated with the abatement. Work may be accomplished with city crews if the work is within their capacity to accomplish, or the work may be advertised for public bid and awarded to the lowest responsible and responsive bidder. An accurate accounting shall be kept of all costs incurred in abating the nuisance. Upon completion of the abatement, a statement for costs incurred shall be forwarded to the record owner by certified mail. Should such costs remain unpaid ten calendar days after receipt by the owner of record, or upon return of the certified mail as undeliverable, appropriate legal action may be taken to compel payment of costs incurred. Any judgment for costs obtained shall be filed as a judgment lien against the real estate upon which the nuisance was abated.
(B) In the alternative, where there has been non-compliance with the abatement notice, the city is also authorized to seek equitable relief in a court of competent jurisdiction to compel compliance with the orders set out in the abatement notice.
(Ord. 6019, passed 12-17-96)