(A) If any building, property, part of any property or premises becomes filthy, unwholesome, unsanitary, obnoxious or a nuisance in violation of § 93.01, the city through the Office of the Plan Commission or any other designated agent shall notify all persons holding a substantial interest in the property pursuant to I.C. 36-1-6-2 and/or the person in control or possession of the property to remove or abate the nuisance within five days from the date of notice. It shall be the duty of all persons having a substantial interest in property within the jurisdictional area of the city to ensure accurate records are maintained at the offices of the Addison Township Assessor, the Shelby County Auditor, Treasurer and Recorder, as well as other offices maintaining similar property owner information. Notice shall be served upon the listed owner as recorded by or in the offices listed above and upon the occupant by posting a copy upon the premises or by mailing the notice by registered mail through the United States Postal Service. The notice shall describe the nature and location of the nuisance, and further state that if the nuisance is not abated within the time specified in the notice, the city will then abate the nuisance.
(B) In all cases where the property owner and/or person in control or possession of nuisance property as designated through the office of the Plan Commission, the Board of Public Works and Safety shall have the authority to issue all orders necessary, including but not limited to orders to appear before the Board and to levy fines not to exceed $300 per day that a nuisance condition remains unabated. Cases in which the owner and/or person in control of nuisance property will be presented to the Board of Public Works and Safety by a representative of the Plan Commission or other designated agent of the city after due notice has been given.
(C) All persons having substantial interest in property and/or in control of property having been deemed a nuisance property under this section shall have the right to appear before the Board of Public Works and Safety. The Board shall afford such persons the right to appeal any fines or orders imposed due the condition of the property and the failure of the owner to abate said nuisance condition.
(`81 Code, § 93.02) (Am. Ord. 98-2319, passed 12-21-98) Penalty, see § 10.99