a. In addition to all other remedies, the Town of Schererville may proceed to abate the public nuisance existing by reason of the excessive growth of weeds, rank vegetation and/or grass by proceedings in any court of general jurisdiction, including proceedings to abate, to sanction and to recover costs from the owner, including but not limited to court costs and attorney fees.
b. The Town Manager, or designee, shall be responsible for the administration of these provisions and regulations. Further, in abating any violations of this chapter, the Town may perform the work required or may contract with and authorize outside contractors to perform the abatement work required.
c. As to the owner of property in violation of this chapter at least a seven (7) day written notice to remove weeds, rank vegetation, and/or grass shall be issued by the Town Manager, or designee, and shall be served upon the owner by a Town employee or by certified mail, return receipt requested, addressed to the owner's last known mailing address as indicated in the property records of the Lake County Auditor. The notice to the owner shall include the following:
1. The address of the real property;
2. The date of the notice;
3. The address and telephone number of the Town employee issuing the notice;
4. A warning that in the event that the weeds, rank vegetation, and/or grass is not removed within a specified period of time after delivery of the notice, the Town will abate the nuisance and seek recover of the actual costs involved in the removal;
5. A warning that this notice is a "continual abatement notice";
6. A statement that the "continuous abatement notice" serves as notice to the property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the Town, and that future notices may be posted on the property at the time of further abatement by the Town; and
7. That the owner has seven (7) days to appeal the notice to the Town Manager.
d. Upon the failure, refusal or declination of an owner to bring the property into compliance within the time specified in the written notice, in addition to all other available remedies, the town may:
1. Issue a citation for the violation of this chapter;
2. Enter upon the property and cut the weeds, rank vegetation, and/or grass at the expense of the owner; and
3. Add to the expense of the removal and cutting, an administrative cost of one hundred fifty dollars ($150.00).
e. In the event that the Town enters upon the property of the owner after the written notice and cuts the weeds, rank vegetation, and/or grass, then within thirty (30) days after doing so, or as soon thereafter as practicable, the Town shall send the owner a bill for the actual costs incurred by the Town in abating the nuisance violation plus the Town's administrative cost. The bill shall require payment within thirty (30) days of the bill issuance and advise the owner of the right to appeal the bill to the Town Manager within seven (7) days of the bill issuance.
f. Upon receipt of a Notice to abate or bill, the owner may notify the Town Manager of any objection to the Notice to abate or bill. This objection communication shall be in writing to the Town Manager and shall specify the street address, legal description of real property involved, and reason for objection to the notice to abate or bill. Any such correspondence must be received by Town Manager within the amount of time set out in the notice to abate or bill.
g. Upon receipt of such objection correspondence, the Town Manager shall cause the objection to be investigated. No further action shall be pursued against that owner to abate the nuisance or pay the bill for abatement until resolution of the objection thereto. The Town Manager shall notify the owner of the final written decision on the objection by first class mail and the decision of the Town Manager shall be final.
h. Upon the failure of the owner of an undeveloped lot or other property to bring his property into compliance after receipt of the citation, in addition to all other remedies, the Town may:
1. Issue additional citations and each day of violation shall constitute a separate violation of this chapter;
2. Enter upon the property and cut the weeds, rank vegetation or grass at the expense of the owner; and/or
3. Add to the expense of removal and cutting, an administrative cost of one hundred fifty dollars ($150.00), and reasonable attorney fees.
i. If the Town enters upon the property of the owner of either the developed lot or special subdivided lot or the undeveloped lot or other property, and cuts the weeds, rank vegetation, and/or grass, then within thirty (30) days after doing so, or as soon thereafter as practicable, the Town shall send the owner a bill for the costs incurred by the Town in abating the violation, and an additional amount of one hundred fifty dollars ($150.00) for administrative costs of the proceedings of work and collection.
j. Within ten (10) days following the mailing of the bill, the owner may appeal the notice of violation or the bill issued by a written notice to the Town Manager that the owner disputes the violation or the bill, and the specific reason or reasons therefore. If the owner files an appeal, the Town Manager shall set the matter for an administrative hearing. The hearing shall be conducted as an informal administrative hearing, after which the Town Manager, or his delegate, shall provide the owner with a written decision, and either affirm, rescind or modify the finding of a violation or the amount of the bill.
k. Whenever the Town of Schererville may enter the property of an owner to cut excessive weeds, rank vegetation and/or grass, the Town may use either its own work forces or may contract with an outside agency to perform the work.
(Ord. No. 1525, § 4, 4-11-01; Ord. No. 1787, § 1, 6-8-11; Ord. No. 1814, 7-11-12)