(A) Removal by county; costs incurred.
(1) If any owner, occupant or lessee of any lot or parcel of lot or parcel of real estate shall fail to remove or abate such garbage, trash, rank vegetation or other waste substance after receiving notice as provided in I.C. 36-7-10.1-3, the County Commissioners may cause the same to be removed or otherwise abated. When the County Commissioners have effected the removal of such nuisance, they shall prepare a sworn statement showing the cost of the work performed and they shall bill the owner of record. Such bill shall be in the minimum of $25 and shall be due and payable at the time of receiving the statement.
(2) When the full amount due the county is not paid by the owner within 90 days after receipt of the statement as provided in I.C. 36-7-10.1-4, then, and in that case, the County Commissioners shall cause to be recorded in the County Recorder’s office a sworn statement showing the cost and expense incurred for the work; date the work was done and the location of the property on which said work was done. The recordation of such sworn statement shall constitute a lien on the property, and shall remain in force and effect for the amount due in principal and interest, plus pay costs of court and for collection until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and, further, shall be subject to a delinquent penalty the same as real estate taxes in the event same is not paid in full on or before the date the tax bill upon which said charges appear to become delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been compiled with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(B) Injunction. If any owner, occupant or lessee of any lot or parcel of real estate shall fail to remove or abate such garbage, trash, rank vegetation or other waste substance after receiving notice as provided in I.C. 36-7-10.1-3, the County Commissioners may cause to be brought and prosecuted a civil action to enjoin the person from violation of this subchapter through a continued use or condition of the property as provided in I.C. 36-1-6-4.
(C) Cumulative enforcement. The enforcement provisions provided herein shall be cumulative and may be employed singularly or jointly at the discretion of the county.
(BC Ord. 2002-73, passed - -2002) Penalty, see § 90.99