(A) Upon receipt of a list of noncomplying properties from the Town Marshal as provided by § 93.22, the Clerk-Treasurer shall determine the name and address of the owner of each noncomplying lot or parcel as listed on the tax abstracts in the office of the County Auditor, or by any other reliable means, and shall prepare a written notice to the owner stating that his or her property, adequately identified by location, has been found to harbor weeds and rank vegetation in violation of this chapter, and that if the same are not cut and properly removed within five days of receipt of the notice, the weeds and rank vegetation will be cut and removed by the town at the owner’s expense, and that he or she will further be subject to penalties for violation as hereafter provided. The Clerk-Treasurer shall direct the Town Marshal to serve the notice upon the owner personally if the owner is a resident of the town, but if the owner is not a resident of the town and the notice cannot be conveniently served in person, the notice shall be sent by registered mail with return receipt of delivery.
(B) The Clerk-Treasurer shall advise the Town Marshal of the date of service or delivery, of the notice, and on the sixth day after such date or as soon after that as possible, the Town Marshal shall reinspect the lot or parcel to determine if it has been brought into compliance. If not, he or she shall cause the weeds and rank vegetation to be cut and removed either by the town or a private contractor, keeping a careful record of the actual costs of the cutting and removal, including personnel time if town employees are used. The record of costs shall be promptly provided to the Clerk-Treasurer, who shall then prepare a certified statement of the costs incurred by the town, and shall cause same to be served or delivered to the property owner in the same manner as the original notice of violation.
(C) If the costs are not paid within ten days of service or delivery of the certified statement, the Clerk-Treasurer shall certify a copy of the statement to the County Auditor, who shall collect and disburse the amount claimed to the town at the same time and in the same manner as taxes on the property are collected and disbursed, all as provided by I.C. 36-7-10.1-4. In addition, the Clerk-Treasurer shall cause to be issued a complaint and summons citing the property owner for a penal violation of this chapter, and specifying each day elapsing between the expiration of the five-day period after the owner’s receipt of the original notice of violation and the day when the weeds and vegetation are finally cut and removed to be a separate offense and violation, as hereafter provided. The complaint and summons shall be served and prosecuted in the same manner as for other town ordinance violations.
(1984 Code, § 4-4-4) Penalty, see § 93.99