(A) The use of, and possession of, property, both real or personal, on or in which there is allowed water to collect, stand, and stagnate shall be deemed to constitute a public nuisance and a danger to the public health, safety, and welfare of its citizenry and, therefore, is illegal within the corporate limits of the town.
(B) The owner, user, or possessor of said real estate shall be required to take all necessary corrective actions to remove and abate said public nuisance.
(C) The owner, user, or possessor of said property and those having a substantial interest therein shall be given written notice by the Clerk-Treasurer and served by the Town Marshal or his or her deputies directing the owner, user, or possessor to remove and abate said nuisance and bring said property into compliance within ten days of service of said notice.
(D) Failure of said owner, user, or possessor to remove and abate said public nuisance within ten days of service of said notice shall result in employees of the town entering upon said real estate or premises for purposes of taking all necessary corrective action thereon to bring said property into compliance.
(E) The costs of said corrective action shall be certified by the Clerk-Treasurer to said property owner, user, or possessor and those having a substantial interest therein, at his or her last known addresses, and giving 15 days to pay said costs to the town.
(F) The failure of the owner, user, or possessor to pay said costs of corrective action within 15 days of said notice shall entitle the Clerk-Treasurer to certify said costs to the County Auditor for purposes of establishing a lien on said real estate for said costs, and for collection by the County Treasurer pursuant to I.C. 36-1-6-2.
(G) Nothing in this section shall prevent the town from asserting a claim for said costs against the property owner, user, or possessor by filing an action in the county courts to bring the property into compliance herewith.
(Ord. 2009-12, passed 11-17-2009) Penalty, see § 91.99