(A) Penalties. Upon the failure or refusal of an owner, occupant, agent, or person in possession of the premises (who was the recipient(s) of the notice of violation) to correct the violation as state in the notice of violation, he and/or she shall be subject to a $50 fine for a first violation. For the second violation and subsequent violation(s) that are committed by a person within two calendar years of a previous violation, he and/or she shall be subject to a $100 fine.
(B) Work performed. The Town Board may authorize the removal of the trash, junk, or weeds as listed in the notice of violation. The removal of trash, junk, or weeds can be performed either by the town’s own works and equipment or by a contractor hired by the town for this purpose. Compliance with abandoned and/or junk vehicle violations will be handled by the Police Department.
(C) Invoice. The Town Board shall issue an invoice to the owner(s) of the property for the total costs incurred by the town to bring the property into compliance with this chapter, plus any fines that have not been paid. Payment is due no later than 30 days following the date of the invoice. If the fine and costs incurred by the town are not paid when due, they may be added to the property taxes and/or be a lien against the property.
(D) Remedies. The town may bring actions in any Circuit Court of Delaware County for mandatory or injunctive relief for the enforcement of, and to secure compliance with, any order or orders to otherwise provide for the enforcement of this chapter. Any such action for mandatory or injunctive relief may be joined with an action to recover the penalties, costs, and expenses provided in this chapter. In the event any legal action is necessary to enforce this chapter, the town may seek recovery of costs and expenses incurred, including reasonable attorney’s fees. The town may also enforce this chapter through any other means provided by the law, including but not limited to I.C. 36-1-6.
(Ord. 2023-05, passed 7-11-2023)