Notice provisions are as follows:
(A) The individual(s), business, company, corporation or other entity, in violation of this subchapter shall be notified in writing by the Clerk-Treasurer, at the last known address of record as listed in the records of the Auditor of Ohio County, Indiana, said notice shall specifically set forth what items need to be removed and cut, and shall also set forth the specific area or portion on the outside of a building, structure, residence, mobile home or garage, or porch area of said building, structure, residence, mobile home or garage which requires said items removed. The notice shall specifically describe the real estate by street address, property tax identification number, location or other discernible identification.
(B) The Clerk-Treasurer shall send notice via First Class U.S. Mail postage prepaid. The Clerk-Treasurer shall also send notice via certified U.S. mail return receipt requested or by having a copy of the notice delivered and/or posted at the property by an Officer of the City of Rising Sun Police Department or the Ohio County Sheriff's Department. The failure on the part of a property owner to receive or collect his/her/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.
(C) 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.
(D) The notice shall also inform the person receiving same that in the event the city is required to take whatever action is set forth in the notice, that the expense incurred by the city 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 city 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.
(E) Pursuant to I.C. 36-7-10.1-3(d), if the initial notice of the violation was provided by 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 city, or its contractors.
(Ord. 2015-5, passed 5-7-15)