(A) If the persons having a substantial interest in the property, including the landowner, fails to remove the trash or fails to serve a notice of contest within the time prescribed in the notice and set forth in § 50.04, the county may remove the trash, as permitted by I.C. 36-1-6-2, by having employees of the county enter upon the property and remove trash with county equipment, or by contracting with others to remove the trash.
(B) (1) After removal of the trash by the county as provided in division (A) above, the Building Inspector shall then issue a bill to the persons having a substantial interest in the property, including the landowner, for the costs incurred by the county in such removal. Such costs shall include an administrative charge of $50 to compensate the county for the administrative costs incurred in issuing the bill, plus the fees of the contractor if a contractor is used.
(2) If county employees and equipment are used, the Building Inspector shall also include in the billing charges the time of the county employees and the use of the equipment of the county, in such amounts as the Board of Commissioners establish from time to time by Board of Commissioners action as the current rate for the use of such equipment and the use of such county employees for such services.
(3) The billing shall be sent to all persons having a substantial interest in the property, including the landowner, in the same manner as provided in § 50.04 for the issuing of the initial notice, and the persons having a substantial interest in the property, including the landowner, shall be given a period of 15 days from the date of the mailing of the notice if the notice is mailed, or from the date of personal delivery if the notice is personally delivered, to make payment of the charges; provided, however, that if the landowner contests the propriety of the charges, the landowner may, within such 15-day period of time, deliver written notice to the office of the Building Inspector of the contest of the charges.
(C) The contest or appeal by any person having a substantial interest in the property of either the “notice of removal” under § 50.04 or the “notice of charges” under division (B) above shall be heard and determined by the Board of Commissioners at its next regularly scheduled meeting after receiving the notice of contest, at which time any person having a substantial interest in the property may appear and be heard.
(D) If a person having a substantial interest in the property, including the owner of the real property, fails to pay a bill issued under this chapter within the time specified, the Building Inspector shall certify the amount of the bill, plus any additional administrative costs incurred in the certification, to the County Auditor for collection as provided for by I.C. 36-7-10.1-4 to the County Auditor for collection as delinquent taxes are collected. The minimum charge for certification, including administrative costs and removal of trash is $500 and the total cost for removal may not exceed the limits specified in I.C. 36-1-6-2.
(E) Amounts collected for the removal of trash as provided by this chapter shall be disbursed to the General Fund of the county. Any money received for the value of any scrap or recyclables shall be used to offset the cost of removal and the excess shall be deposited in the General Fund of the county.
(Ord. 10-07-13, passed 10-7-2013)