(A) Agent. In the event a violation of this section, the Chief of the Linton Fire Department or his or her designee or agent, or a designee or agent of the Common Council of the City of Linton, shall issue a written notice to the violating landowner with the appropriate fines.
(B) Notice. The violation notice shall include the name of the landowner, and the location of the violation.
(C) Service. Personal service, service by U.S. Certified Mail, or service by publication in the event personal service or certified mail service is declined, or any other manner service is recognized in the Indiana Rules of Trial Procedure shall constitute proper service upon the landowner for purposes of this section.
(D) Appeal. Any violation notice issued pursuant to this section may be appealed to the Board of Public Works and Safety. The appeal must be in writing and set forth with specificity the reason for the appeal.
(E) City to abate. If the landowner fails to timely cure or abate each violation set forth in the violation notice, the landowner shall be deemed to have granted permission to the city to enter the landowner’s property for the limited purpose of removing the cause of the violation from the property, thereby abating the nuisance. If the city must cure or abate the nuisance because the landowner failed or refused to cure or abate, the fine of $500 is automatically levied against the landowner. Multiple violations resulting in fines will be levied accordingly.
(F) Certified statement. In the event the city dispatches employees or agents to abate the nuisance, the appropriate designee shall prepare a certified statement as to the actual administrative or other costs incurred by the city as a result of abating the nuisance. A copy of the statement and invoice shall be served upon the landowner, which details the total amount owed to the city for the abatement.
(G) Payment period. The payment period for both the invoice, the fine(s) and the costs of abatement by the city is 30 days within which to pay the total amount stated. Payment arrangements may be made but shall not exceed 90 days.
(H) Appeals costs. Any invoice issued pursuant to this section may be appealed to the Board of Public Works and Safety if written notice of appeal is served on the Board within seven days from the date on which the invoice is served to the landowner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decisions by the Board.
(I) Failure to pay. If the landowner fails to timely pay an invoice issued pursuant to this section, the Clerk-Treasurer or any designee, shall certify to the County Auditor, the amount of the fine, the invoice, plus any additional administrative costs incurred in the certification of the same. The Auditor shall place the total amount so certified on the tax duplicate as a lien for the property at issue, 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.
(J) Time of appeals. The Board shall hear any timely requested appeals of a violation notice or invoice within 30 calendar days following receipt of same, and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The person appealing must be present at the hearing or the appeal will be denied. The date on which the Board’s decision is served on the landowner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.
(Ord. 2005-03, passed 3-14-2005)