§ 165.509 ENFORCING VIOLATION AS COMMON NUISANCE.
   (A)   Authority. The Enforcement Official may initiate enforcement action and prepare a formal conveyance to legal counsel. Legal counsel may then prosecute.
   (B)   Cause. According to Indiana Code, a structure that is erected, raised or converted, or land or premises is used in violation of this chapter is a common nuisance and the owner or possessor of the structure or land is liable for maintaining a common nuisance.
   (C)   General procedure.
      (1)   Issue notice. Before or after formal conveyance, the Enforcement Official shall mail a notice letter to the violator, the property address or to the tax record address if mail is undeliverable to the property (e.g., a vacant site) describing the violation or alleged violation.
      (2)   Investigation. Legal counsel shall, upon formal conveyance of information in regard to an alleged violation of this chapter, make an investigation of the alleged violation. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the owner or possessor, the attorney representing the city may file a complaint against the person and prosecute the alleged violation.
(Ord. 10-2010, passed - -2010, § 10.10)