(A) If the landowner fails to remove the weeds and/or rank vegetation within the time prescribed in the notice as set forth in § 91.04, the county may remove the weeds and/or rank vegetation, as permitted by I.C. 36-7-10.1-3 and I.C. 36-1-6-2, by having employees of the county enter upon the property and remove or cut the weeds and/or rank vegetation with county equipment, or by contracting with others to remove the weeds and/or rank vegetation. In removing the weeds or rank vegetation the county or contractor may also remove any trash, refuse, and unregistered inoperable motor vehicles from the property incidental to cutting the weeds and rank vegetation.
(B) After removal of the weeds and/or rank vegetation by the county as provided in division (A) above, the Building Inspector shall then issue a bill to 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. 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 establishes from time to time by Board of Commissioner action as the current rate for the use of such equipment and the use of such county employees for such services. The billing shall be sent to the landowner in the same manner as provided in § 91.04 for the issuing of the initial notice, and 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 or the cutting of such weeds and/or rank vegetation, the landowner may, within such 15-day period of time, deliver written notice to the office of the Building Inspector of the landowner’s contest of the cutting and/or the charges. The appeal of the landowner shall be heard and determined by the Board of Commissioners at its next regularly scheduled meeting, at which time the landowner may appear and be heard.
(C) If the owner of the real property fails to pay a bill issued under this section within the time specified, the Building Inspector shall certify the amount of the bill, plus any additional administrative costs incurred in the certification, 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 weeds or rank vegetation, is $300.
(D) Amounts collected for the removal of weeds and/or rank vegetation as provided by this chapter shall be disbursed to the County General Fund.
(Ord. 07-01-13, passed 7-1-2013)