(A) Costs for nuisances other than junk vehicles.
(1) When action required by an order is performed by the Department or by a contractor acting under this subchapter, each person who holds a fee interest or life estate interest in the cited property from the time when the order requiring the work performed was issued to the time that the work was completed is jointly and severally responsible for the following costs:
(a) The actual cost of the work performed by the Department and/or the bid price of work accomplished by the contractor;
(b) The administrative cost to process an order that was performed by the Department, including, but not limited to the following: cost to determine persons with substantial property interest; cost of notices; cost to secure bids; cost of hearings; Enforcement Officer wages; salaries of employees; and any cost of paper, office supplies and office area;
(c) All legal fees incurred in the enforcement of this subchapter; and
(d) All costs associated with the collection of the amount of the penalties incurred under any citation.
(2) The Department shall issue the owner of the property a bill for the work completed, penalties incurred, as well as notice that the owner is entitled to a hearing on the amounts indicated.
(3) If, within 30 days after the notice required above, a person named in the record files with the Clerk of the Court in the county where the property is located a written petition objecting to the claim for payment and requesting a hearing, the Clerk shall enter the cause on the docket of the Circuit or Superior Court as a civil action and a hearing shall be held on the question.
(4) At the conclusion of the hearing, the court shall either sustain the petition or enter a judgment against the persons named in the record for the amounts recorded or for modified amounts. A judgment entered shall become a lien on the property housing the nuisance or be enforceable as otherwise provided by law.
(5) If no petition is filed, after 30 days from issuing the bill, the Enforcement Officer may:
(a) Record documentation with the County Recorder that states the name or names of the owner(s) of the property housing the nuisance, a description of the property as shown on the records of the County Auditor and the amount of the delinquent fees. The amount of the delinquent fees or penalties, including any accrued interest, shall then constitute a lien on the property housing the nuisance and such lien shall be placed on the tax duplicate by the County Auditor and shall be collected in the same manner as delinquent taxes are collected; or
(b) Seek reimbursement as otherwise provided by law.
(B) Costs for removal of junk vehicles.
(1) When action to remove a junk vehicle required by an order is performed by the Department or by a contractor acting under this subchapter, each person who holds a fee interest or life estate interest in the cited property from the time when the order requiring the work performed was issued to the time that the work was completed, as well as the owner of the vehicle, is jointly and severally responsible for the following costs:
(a) The actual cost of the work performed by the Department and/or the bid price of work accomplished by the contractor to remove and store the vehicle;
(b) The administrative cost to process an order that was performed by the Department, including, but not limited to, the following: cost to determine persons with substantial property interest; cost of notices; cost to secure bids; cost of hearings; Enforcement Officer wages; salaries of employees; and any cost of paper, office supplies and office area;
(c) All legal fees incurred in the enforcement of this subchapter; and
(d) All costs associated with the collection of the amount of the penalties incurred under any citation.
(2) If the properly identified person who owns or holds a lien on a vehicle appears at the storage site within 30 days after the mailing of the notice of towing and pays all costs incurred against the vehicle at that time, the vehicle shall be released. The Enforcement Officer shall notify the Bureau of all releases. Each release shall state the name, signature and address of the person who owns or holds a lien on the vehicle or parts, a description of the vehicle, the costs and the date of release.
(3) If the person who owns or holds a lien upon the vehicle does not appear within 30 days after the mailing of the notice of towing, the Enforcement Officer may sell the vehicle. If the Department estimates that the vehicle has a value of less than $500, or if the vehicle is in such a condition that the vehicle identification numbers or other means of identification are not available to determine the person who owns or holds a lien on the vehicle, the vehicle may be disposed of as the Department deems appropriate. Otherwise, the vehicle may be sold to the highest bidder at a public sale. Notice of the sale shall be given by publication in one newspaper one week before the sale.
(4) The proceeds from the sale of a junk vehicle shall be applied to costs of removal, storage and administrative costs, legal fees incurred by the Department and penalties. Any remaining proceeds shall be remitted to the vehicle owner. If an outstanding balance exists after such sale, the Department shall issue the owner of the property and the owner of the junk vehicle a bill for the work completed, legal fees, penalties incurred, as well as notice that the owner of the property and owner of the junk vehicle is entitled to a hearing on the amounts indicated.
(5) If, within 30 days after the notice required above, a person named in the record files with the Clerk of the Court in the county where the property is located a written petition objecting to the claim for payment and requesting a hearing, the Clerk shall enter the cause on the docket of the Circuit or Superior Court as a civil action and a hearing shall be held on the question.
(6) Issues that could have been determined under § 91.23 of this chapter may not be entertained at this hearing. At the conclusion of the hearing, the court shall either sustain the petition or enter a judgment against the persons named in the record for the amounts recorded or for modified amounts. A judgment entered shall become a lien on the property housing the nuisance or be enforceable as otherwise provided by law.
(7) If no petition is filed, after 30 days from issuing the bill, the Enforcement Officer may:
(a) Record documentation with the County Recorder that states the name or names of the owner(s) of the property housing the nuisance, a description of the property as shown on the records of the County Auditor, and the amount of the delinquent fees. The amount of the delinquent fees or penalties, including any accrued interest, shall then constitute a lien on the property housing the nuisance and such lien shall be placed on the tax duplicate by the County Auditor and shall be collected in the same manner as delinquent taxes are collected; or
(b) Seek reimbursement from the property owner or vehicle owner as otherwise provided by law.
(2013 Code, Title V, Ch. 14, § 7) (Ord. 2007-8-27, passed 8-27-2007)