(A) In the event any owner of real property located within the geographical limits of the town fails to perform the duties set forth in § 95.03, the Department shall notify the Town Clerk-Treasurer and the Town Clerk-Treasurer shall issue a written notice to the owner calling for the cutting and removal of such weeds and rank vegetation within ten calendar days (“notice of violation”). The notice of violation shall also state the amount of penalty included if the violation is not abated within ten calendar days. The notice of violation becomes final ten days after notice is given.
(B) The notice of violation shall be in writing and shall be served on the owner of the real property in at least two of the following manners: delivery in person, by first class mail, and/or placement of the notice of violation in a conspicuous place on the real estate where a violation occurs.
(C) (1) As outlined in IC 36-7-10.1-3, the notice of violation shall also state:
(a) The location of the violation;
(b) The nature of the violation; and
(c) The remedy sought for the violation.
(2) Any notices to be given hereunder by first class mail shall be deemed sufficiently given when placed in an envelope directed to the owner at the owner’s address as defined in § 95.02 and deposited in a United States Post Office mailbox postage prepaid.
(D) A continuous abatement notice may be posted at the property at the time of the time of abatement instead of by certified mail, first class mail, or equivalent service as required under division (B). A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of violation was provided may be abated by the town or its contractors.
(E) Emergency action. No section of this chapter shall prevent the town by and through the Department from executing emergency action as set forth in IC 36-7-9-9.
(‘85 Code § 5-2-4) (Am. Ord. 2013-11-1, passed 11-14-13)