(A) If a condition violating this subchapter exists on real property, the authorized law enforcement agents can take the following actions:
(1) Written notice shall be mailed by certified mail, return receipt requested or delivered by the Tell City Police Department to owners of record to the last known mailing address. Owners of record shall be allowed two days from the date of receipt or date of refusal of notice to bring the property into compliance.
(Ord. 847, passed 7-3-2000; Am. Ord. 894, passed 5-5-2003)
(2) If no action is taken by the property owners, the authorized law enforcement agents will take the appropriate actions to bring the property owners into compliance with this subchapter.
(3) In case of an emergency, the authorized law enforcement agents may take immediate action and mail notice no later than 48 hours following the action taken. If action to bring compliance is taken, the costs involved may be recovered as set forth in division (B) below.
(B) The owner of property on which the illegal open dumping acts have occurred may be included as a party in an enforcement action against a person who committed the violation for the purposes of obtaining access to the land and to clean up and properly dispose of the wastes.
(C) Enforcement of this subchapter may be brought pursuant to I.C. 34-4-32 or I.C. 36-9-30-35.
(D) Whenever a law enforcement officer believes in good faith that a person has committed an ordinance violation, the officer may detain that person for a time sufficient to:
(1) Inform the person of the allegation; and
(2) Obtain the person's name, address, telephone number and date of birth.
(E) Any person whose acts constitute a Class A violation of this subchapter shall pay a fine of not less than $50 and not greater than $500, pay for and provide receipts evidencing all costs relating to the clean up and proper disposal of the infectious waste, hazardous waste, and/or solid waste related to the violation, or reimburse the authorized enforcement agents for all costs related to any clean ups carried out by the authorized agency and provide receipts evidencing one year of contracted trash disposal service by a licensed waste hauler.
(F) Any person who commits a Class A, Class B or Class C violation of this subchapter shall be fined in a sum of not less than $50 and not greater than $500 per violation.
(G) Any person found to be in violation of any provision of this subchapter shall, in addition to any fine, be assessed all costs and expenses for the investigation, clean up and removal of solid waste connected with the violation and shall, in addition, be liable for all reasonable attorney fees and costs incurred by the city in the enforcement of this subchapter. Collection of money under any section of this subchapter shall constitute collection of money owed the city pursuant to I.C. 36-1-4-17.
(H) The Clerk-Treasurer of the city shall make a certified statement of the actual costs incurred by the city in the removal of all items removed pursuant to this subchapter. The statement must be delivered to the owner of the property by certified mail, and the owner shall pay the amount to the Clerk- Treasurer within ten days of the date of mailing. If the landowner fails to pay the amount within the time period, a certified copy of the statement of cost shall be filed in the office of the Auditor. The Auditor shall then place the amount claimed on the tax duplicate against the property affected by the work, and the amount shall be collected when taxes are collected and shall be disbursed to the general fund of the city.
(Ord. 804, passed 12-2-1997; Am. Ord. 894, passed 5-5-2003; Am. Ord. 913, passed 6-7-2004) Penalty, see § 10.99