(A) Municipal department responsible for administration. Unless specifically stated elsewhere in this section, the Building Inspector shall be responsible for the administration of actions taken under this section including, but not limited to, the issuance of notices to landowners and other persons, the issuance of certification of cost to the County Auditor, and the administration of the appeals procedure.
(B) Maintaining premises free of certain motor vehicles or parts, debris, trash, litter, garbage, refuse, and junk.
(1) The owner of any lot or parcel of real estate within the city shall maintain the premises, including the real estate, or any alley or sidewalk abutting the real estate, free of all motor vehicle parts, all debris, trash, rubbish, litter, garbage, refuse and junk when such material is within view from any public premises or public alley, street or highway, to such an extent that the premises, in the Building Inspector's opinion, is a hazard to health, safety and welfare.
(2) The presence of the items described in the division (1) is injurious to the public welfare and is a nuisance.
(C) Inspection and notice of violation.
(1) The Building Inspector is entitled to enter upon the premises of any real property within the city to determine compliance with this section. If the Building Inspector determines there is a violation of this section he or she shall cause to be issued, a written notice to the owner(s) of the real estate requiring removal of the material within ten days. The notice must also inform the landowner that failure to comply will result in the city removing and disposing of the material at the landowner's expense. The notice must also inform the landowner of his/her right to appeal the Building Inspector's determination according to the procedure set forth herein. The Building Inspector will determine the identity of the landowner and the landowner's address from the tax duplicate records of the County Auditor.
(2) The notice, referenced in the previous division, shall be served by one of the following methods:
(a) Certified mail upon the landowner, addressed to the owner's last known address.
(b) Personal service upon the landowner, such service to be made by any regular or reserve police officer of the city, or by any official of the city.
(c) Posting a copy of such notice in a conspicuous place either upon any principal structure located upon the property, or the property itself, if there is no structure thereon.
(D) Failure to remove and notice of abatement. If the landowner fails to remove the material within the time prescribed, the Building Inspector may cause the city or its agent to remove and dispose of the material as allowed under I.C. 36-1-6-2 (as amended). The Building Inspector must then prepare a certified statement of the actual costs of the city incurred in removing and disposing of the material plus any additional administration costs incurred in the city's effort to enforce this section. The certified statement of costs must be delivered to the landowner of the property by certified mail at his or her last known address as determined by the tax duplicate records of the County Auditor. The landowner must pay the amount specified in the certified statement to the Clerk-Treasurer within ten days after receiving the statement. If the landowner fails to pay the amount within the required time, a certified statement of the landowner's failure to pay the cost will be filed with the office of the County Auditor. Pursuant to I.C. 36-7-10-4 (as amended), the Auditor will then place the amount claimed on the tax duplicate against the property affected by the work. The amount will thereafter be collected and disbursed to the general fund of the city, as are other property taxes.
(E) Lien upon property. In addition to the above procedure, if the landowner fails to remove the material within the time specified in the notice provided for herein, and the city, or its agent, must remove the material, the Building Inspector may file with the County Recorder a lien against the property, which lien may be foreclosed as are other similar liens. Any additional cost created by the necessity of the city having to remove and dispose of such material, and foreclose such lien, may be added to the cost of enforcing compliance with this section.
(F) Notice of appeal. Any landowner may appeal to the Board of Public Works and Safety with regard to any action under this section. An appeal of the removal and disposal of material, or the costs associated with the removal, must be submitted in writing and be received within ten days of the initial notice of violation or within ten days of receipt of the certified statement of costs. The Board of Public Works and Safety will review an appeal of any notice of violation or statement of costs under this section at its next regularly scheduled meeting.
(Ord. 912, passed 6-7-2004)
Cross-reference:
For additional provisions on refuse, see Chapter 55