Skip to code content (skip section selection)
(A) If, upon reinspection, it is determined that the landowner has removed the weeds and rank vegetation within the time prescribed, the landowner shall not be liable for any charges under division (B) of this section. If the landowner fails to remove the vegetation within the time prescribed, the Department of Public Works shall document such noncompliance. Any city employee or outside contractor authorized by the city may then enter upon the property and use any lawful means to abate or correct the condition and remove the weeds and rank vegetation, to return the condition of the property to conform to the requirements of this chapter.
(B) The City Controller shall issue a certified statement of the actual costs, including the administrative costs and removal costs, incurred by the city in the enforcement of this chapter. Such statement shall also include any fines assessed under § 3-3-3-2(A), unless the landowner has exercised the right to trial for the assessment of a civil penalty for a code violation under I.C. 33-36-3 et seq. This statement shall be sent to the landowner in accordance with the notice requirements of § 3-3-3-2(B), and the landowner shall pay the amount indicated in the statement to the City Controller. Administrative costs shall include, but not be limited to, court costs, reasonable attorney's fees and a fee of $200 for administrative tasks such as inspecting the property to determine compliance, determining ownership and preparing mailing notices. Removal costs shall include, but not be limited to, any disposal fees actually incurred to dispose of weeds or rank vegetation, labor and equipment fees, and any other reasonable fees actually incurred in abating the property.
(C) If the landowner fails to pay the amount indicated within ten days after receiving the statement and has not filed an appeal, the Department of Public Works shall certify through the office of the City Controller to the Auditor of Marion County as provided by I.C. 36-7-10.1-4 the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor shall place the 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 city. The city may also, at its discretion, bring an action to collect the amount of the statement, plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. If the city obtains a judgment under this subsection, the city may obtain a lien in the amount of the judgment on any real or personal property of the owner(s) of record, in accordance with I.C. 36-1-6-2.
(D) If the landowner contests the findings of the Department of Public Works in the notice of violation issued under § 3-3-3-2(A), the landowner has ten days from the mailing of the notice of violation to file a written notice of appeal with the City Clerk. The appeal shall be brought before the Board of Public Works and shall be decided by a majority vote of the Board members in attendance at a regularly scheduled or special meeting of the Board. It shall be the landowner's burden to demonstrate that the condition of the property in question does not violate this chapter. If the appeal is denied, the property owner has 24 hours to comply with the notice of violation.
(E) If the landowner contests the amount of a statement issued under division (B), the landowner has five days from the mailing of the bill to file a written notice of appeal with the City Clerk. The appeal shall be brought before the Board of Public Works and shall be decided by a majority vote of the Board members in attendance at a regularly scheduled or special meeting of the Board. The appeal shall only concern the amount of the bill and may not question the findings of the enforcement authority in the notice of violation. If the appeal is denied, the landowner has 24 hours to pay the bill before the city may take steps to collect the statement amount as provided in division (C).
(F) The Department of Public Works shall maintain a list of chronic violators of this chapter. The term "chronic violator" shall mean a person or persons who own property whereupon, in the previous calendar year, the city gave a written notice of violation pursuant to § 3-3-3-2 of this chapter three or more times. The Public Works Department shall, on a monthly basis, post on the city's website an updated list of chronic violators, including the name of the property owner(s) of record, the affected property address, the dates of each notice of violation, and any other publicly available information relevant to code enforcement.
(Am. Ord. 5, 2007, passed 6-4-2007; Am. Ord. 14, 2017, passed 10-2-2017)