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(A) Abatement of public nuisances. Any violation of Chapter 93 shall be deemed a nuisance, and the Designated Department is authorized to give written notice by mail to property owners ordering them to abate the nuisance.
(B) Summary abatement.
(1) Inspection of premises. Whenever a complaint is made to the Designated Department that a public nuisance exists or has existed within the city, the Designated Department shall forthwith inspect or cause to be inspected the premises and, whenever practicable, the inspecting officer shall cause photographs to be made of the premises and shall file the same in the Planning Department.
(2) Notice to owner. If the inspecting officer shall determine that a public nuisance exists on private property and that there is danger to the public health, safety, peace, morals, or decency, the Designated Department may serve a notice on the owner by certified mail, return receipt requested. Such notice shall direct the owner, to abate or remove the nuisance within ten days and shall state that unless such nuisance is so abated, the city will cause the nuisance to be abated and will charge the cost thereof to the owner.
(3) In the event that the city has to abate a violation of this section due to owner noncompliance, the city shall issue a bill to the owner of the real property for the costs incurred by the city in abating the violation, including administrative costs and removal costs. The bill shall be sent by the Planning Department by certified mail, return receipt requested, or personal or copy service upon the land owner if he or she is a resident of the city, or by certified mail, return receipt requested, addressed to his or her last known address if he or she is a non-resident of the city. The bill shall be paid within 30 days of receipt by the owner of the real property.
(4) In the event that the bill described in division (B)(3) of this section is not paid to the city Planning Department within 30 days, the Director of the Planning Department shall certify to the Hamilton County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. Pursuant to I.C. 36-7-10.1-4, the Hamilton County 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 general fund of the city.
(5) Any property owner wishing to appeal a notice of violation or a bill received due to the city’s abatement of the violation must submit a written request for appeal to the Director of the Planning Department within ten days of receipt. The Director of the Department of Planning shall then issue his written findings within ten days after receipt of the appeal. The findings of the Director of Planning are subject to review by the city Board of Public Works and Safety if a request for review is filed with the Office of the Clerk-Treasurer by the property owner within ten days of the receipt of the Director’s written findings.
(C) Great and immediate danger and abatement by court action.
(1) If the inspecting officer shall determine that a public nuisance exists on private property and that there is great and immediate danger to the public health, safety, peace, morals, or decency, the Designated Department may direct the chief of police, or a deputy sheriff, to serve a notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting, or maintaining such nuisance and to post a copy of the notice on the premises. Such notice shall direct the owner, occupant, or person causing, permitting, or maintaining the nuisance to abate or remove the nuisance within 24 hours.
(2) Abatement by court action. If the inspecting officer shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals, or decency; the property owner has not responded to written notice; and abatement by the city is not feasible, the inspecting officer shall initiate an enforcement action in the Noblesville City Court to abate such nuisance in the name of the city.
(Ord. 43-11-12, passed 11-27-12)