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(A) A city official shall be designated by the Board of Public Works and Safety for the purpose of enforcing this chapter.
(B) Said official shall enter upon and inspect properties in the city, and if real estate is found whereon such public nuisance(s) exist, the designated official shall serve notice in writing by first class mail, or equivalent service permitted under IC 1-1-7-1, on the owner of such real estate, as indicated from county records, requiring the owner to remove or abate such nuisance within five calendar days of the date of such nuisance ordinance notice. This does not require the city to take any additional actions to locate the owner of the property.
(C) Additionally, in accordance with IC 1-1-7-1(d), if an initial notice of the violation of this chapter was provided by first class mail or equivalent service, a continuous abatement notice may be posted at the property at the time of abatement instead of by first class mail or equivalent service. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same calendar year for which the initial notice of the violation was provided maybe abated by the municipality or its contractor. If the owner’s address is unknown, posting of such notice shall be in a prominent place on the property where the nuisance is found. Service shall be deemed to have been made as of the date of posting on such mailing or posting on such property.
(Ord. 2017-5, passed 7-5-17)
If the landowner fails to cut and remove the weeds and/or rank vegetation or abate a nuisance within the time prescribed in the notice, or any extension of that time granted by the Board of Public Works and Safety or assigned designee, a designated city official or contractor, as determined and chosen by the designated city official, may enter upon such real estate to remove and abate such nuisance.
(Ord. 2017-5, passed 7-5-17)
(A) The designated department or contractor, after having ordered or performed such work, shall certify the actual cost of performing the same by first class mail to the property owner. If the owner fails or refuses to pay such charges within 20 calendar days from date of first class mailing, the city shall certify such charges to the County Auditor, the amount to be taxed against such real estate and collected as other taxes are collected. The liability for the expense of removing or abating such nuisance shall be in addition to any mailing expenditure(s), penalty, and additional fees that may be imposed for violation of this action. The 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 city general fund.
(B) If the owner of real property fails to pay a bill issued under this chapter, the city may bring an action in an appropriate court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney’s fees. If the city obtains a judgment, the municipality or county may obtain a lien in the amount of the judgment on any real or personal property of the owner.
(Ord. 2017-5, passed 7-5-17)
Statutory reference:
Failure of real property owner to pay bill; methods of collection, see IC 36-7-10.1-4
Any persons aggrieved by the interpretation or administration of this chapter, or affected by any decision of the Building Inspector, may appeal the decision to the Board of Public Works and Safety. Such appeal shall be taken within 20 days after the decision by filing with the Building Inspector and the Board of Public Works and Safety a notice of appeal, specifying the grounds upon which the appeal is being taken. The Building Inspector shall transmit to the Board of Public Works and Safety all papers constituting the record upon which the action appealed was taken.
(Ord. 2017-5, passed 7-5-17)
Any person, firm or corporation who violates any provision of this chapter shall be subject to a fine of up to $150 for the first violation, with $100 increments for subsequent violations within a calendar year. At such time as the property is under new ownership, the fine(s) shall revert back to $150 for the first violation, with subsequent violations as outlined above.
(Ord. 2017-5, passed 7-5-17; Am. Ord. 2022-22, passed 10-18-22)