Compliance procedures are as follows:
(A) If there is a failure to comply with the notice as set forth in the preceding sections of this subchapter, the Street Commissioner is hereby authorized and directed to take whatever action was set forth in the notice, including entering the property and abating the violation, or by directing contractors to do so, and to tender to the Clerk-Treasurer the costs, expenses and fees incurred by said Department in executing whatever action the city took to effectuate the action set forth in the notice. The Clerk-Treasurer shall mail a bill to the address, as listed at the Office of the Auditor of Ohio County, Indiana, which shall represent removal expenses and administrative expenses/costs of $250 per abatement action, if any, with a demand for payment within 30 days of the date said bill is mailed by the Clerk-Treasurer If the bill is not paid within 30 days as herein set forth, the Clerk-Treasurer is hereby authorized and directed to collect the bill pursuant to I.C. 36-7-10.1-4 if such expenses and costs were incurred for the removal of noxious weeds or rank vegetation. If disbursement is received from the County Auditor pursuant to I.C. 36-7-10.1-4, said disbursements should be placed in the general fund of the department specified to enforce this subchapter in accordance with I.C. 36-7-10.1-5.
(B) For all other removal expenses, costs or fees incurred by the city as a result of the removal, disposal, destruction or other action needed and taken as a result of a failure to comply with a previously tendered notice, the city shall file a complaint in a court of competent jurisdiction wherein the complaint shall set forth the action taken by the city, the expenses, costs and fees incurred by the city, and a fine as a result of the violation of this subchapter, namely a Class A infraction, of up to but not exceeding $2,500. The city may also alternatively pursue this course of action for such collection purposes for the cutting and removal of noxious weeds and rank vegetation as an alternative to the procedure set forth in division (A) of this section,
(Ord. 2015-5, passed 5-7-15)