(A) It shall be unlawful for any person or entity to locate, place or install any material, property or any other item of whatever nature in, on, under or upon any of the public rights-of-way within the Town of Shirley, Indiana.
(B) The Town Clerk-Treasurer is directed and authorized to issue a five-day written notice to any person or entity who shall be found to be in violation of this section, and the notice shall be served upon the violator either by certified mail, return receipt requested at the violators last known address or delivered personally to the violator by a designated representative of the town upon approval by the Town Council.
(C) If the violation is not corrected within the prescribed time, the town may then take such action as necessary to remove the offending material from the designated public right-of-way with the cost of the corrective action to be paid by the violator within ten days of receipt of a notice to pay such amount delivered in the same fashion upon the violation as set forth in division (B) of this section.
(D) If the violator fails to pay the said sum within the time prescribed, the Clerk-Treasurer of the Town of Shirley, Indiana, shall file a certified copy of
the statement of cost in the Auditor’s office of Hancock County or Henry County and the Auditor shall place the amount so claimed on the tax duplicate against of the lands of the landowner affected by the work, and the same shall be collected as taxes are collected and when so collected shall be dispersed to the General Fund of the Town of Shirley, Indiana.
(E) In addition to the penalties set forth above, a person found to be in violation of this section shall be subject to a fine of not less than $25 nor more than $100, plus the cost of enforcing this section, including, but not limited to attorney’s fees incurred by the Town of Shirley, Indiana.
(Ord. 040797C, passed 4-7-97)