(A) Any landowner and person having a substantial interest in the property found to be violating this subchapter shall be given a written notice thereof, issued by the Clerk-Treasurer, which notice, together with a copy of this subchapter, shall be served by the town marshal or deputy or by certified mail, return receipt requested, to the last known address of the landowner and notifying the landowner that he or she has ten days to remove the weeds and other rank vegetation growing on said property.
(1) The failure on the part of a property owner to receive or collect his, her or its mail shall not serve as a defense to any abatement action, or action to collect for the cost of abatement, administrative costs or fines.
(2) The owner, agent, occupant, leaseholder, individual(s), manager or representative shall have ten days from the date the above-referenced notice is sent to take the necessary corrective actions or measures to comply with this subchapter.
(3) The notice shall also inform the person receiving same that in the event the town is required to take whatever action is set forth in the notice, that the expense incurred by the town shall be recovered by appropriate legal action to obtain a lien against the real estate for the expenses incurred, that the person to whom the notice is given may be found to have committed a Class A infraction and in addition to said expense shall suffer a fine of up to but not exceeding $2,500 by a court of competent jurisdiction. The notice shall also include pursuant to I.C. 36-7-10.1-3 that the noxious weeds and/or rank vegetation shall be removed by the town and any removal expenses including administrative costs of $250 per abatement action, if not paid, as hereinafter set forth, will be collected as delinquent taxes as defined in I.C. 35-7-10.1-4. The notice shall also set forth that the bill is due and owing and must be paid within 30 days of the date it is received if there is a failure to act upon the notice within ten days.
(4) Pursuant to I.C. 36-7-10.1-3(d), if the initial notice of the violation was provided by the town marshal or deputy, certified mail, first class mail or equivalent service under I.C. 36-7-10.1-3(c), a continuous abatement notice may be posted at the property at the time of abatement instead of by certified mail, first class mail or equivalent service as required under I.C. 36-7-10.1-3(c). This shall be in the form of a notice posted on the residence or on a sign located on the property. A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the town, or its contractors.
(B) If the landowner fails to remove such weeds and other rank vegetation within the prescribed time, the town shall enter upon the property and abate the violation by the removal of said weeds and other rank vegetation. The Clerk-Treasurer shall make a certified statement of the actual costs incurred by the town in abating said violation, including administrative costs and removal costs, and shall serve a copy of said certified statement upon the owner of such real estate and persons having a substantial interest therein by personal service by the town marshal or deputy or by certified mail, return receipt requested, to the last known address of said owner. Said owner shall have five days from receipt of said statement in which to pay the bill for abatement costs by payment thereof to the Clerk-Treasurer. If such owner fails to pay said bill for abatement costs within the prescribed time, the Clerk-Treasurer shall certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. 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 General Fund.
(Ord. 2009-13, passed 11-17-2009; Ord. 2015-1, passed 9-15-2015)