(A) From the date of the notice of violation is mailed or the date the notice of violation is served by an officer of the Town Police Department, if the owner of the property in violation lives within the corporate limits of the town, the property owner has ten days to abate the violation. After five days following the ten days given to abate the violation, the Town Manager or his or her designee will perform a site inspection. If the property owner has abated the violation, the Town Manager or his or her designee will document, via photography, that the property owner has come into compliance, and the violation will be closed. If the property owner fails to abate the violation, the Town Manager or his or her designee will document that the property is in non-compliance with the notice of violation, as well as in violation of this subchapter. The Town Manager or his or her designee shall maintain before and after photographs. The property owner can request an additional ten days to abate the violation by contacting the Town Manager’s office.
(B) (1) Within ten days after the town, through the Office of Environmental Enforcement, has abated the unwholesome environmental condition, the Town Manager or his or her designee shall mail, via certified mail, return receipt requested, an invoice to the property owner reflecting the total cost incurred by the town in abating the unwholesome environmental condition. The invoice will also include a fine in the amount of $250 for violating the ordinance. Within ten days of the date the invoice is mailed, the property owner shall:
(a) Pay to the town all amounts owed as reflected in the invoice; or
(b) File a written appeal to the Town Manager setting forth the address of the property; the name of the property owner; the basis for the appeal and any documentation supporting the appeal. Upon appeal, the Town Manager shall determine whether the property owner is liable for the violation or the invoice amount. The Town Manager can approve or deny the appeal administratively or refer the matter to the Town Council. If found liable, the property owner shall have ten days from the date that the determination is rendered to pay to the Town of McCordsville the invoice amount.
(2) The failure of any person, officer or agent of a corporation or other entity in charge or control of said property to remove any unwholesome environmental condition may be fined a sum not to exceed $2,500, plus reasonable attorney’s fees and other costs associated with the enforcement of the provisions of this subchapter.
(Ord. 071001A, passed 8-14-2001; Ord. 091112, passed 9-12-2012)