§ 91.21 ABATEMENT; FEES AND FINES.
   (A)   The Police Chief or his or her designee may at any time require the owner and/or occupant of any property upon which a nuisance as herein defined exists to do all things necessary to remove the nuisance from such property by giving the owner and/or occupant ten days’ written notice to the existence of the nuisance. The notice as herein required shall state the nature of the alleged nuisance and the action deemed necessary to correct the condition, and shall fix a date not sooner than ten days from the date of the receipt of the notice when said property owner and/or occupant may appear before the Town Council to be heard on the question of the nuisance. All notices as herein required shall be sent by first-class U.S. mail, postage prepaid, to the occupant or owner at the address of the owner as reflected in the tax rolls of the town, township or the county. Upon the failure of the owner and/or occupant to cause the abatement of a nuisance as required by this section and after notice and opportunity for hearing before the Town Council, the Town Council, upon a finding that a nuisance exists and that it has not been abated, may proceed at once to cause to be abated the nuisance, shall charge the costs thereof against the owner and/or occupant of said property. The liability created herein shall be joint and several as to the owners and any occupants or tenants.
   (B)   In the event the Town Council shall cause to be abated a nuisance on any property, as compensation to the town for its services in causing the abatement, the owner and/or occupant shall be charged the following fees:
      (1)   A fee of $10 for each inspection necessary to determine compliance with the provisions of this subchapter;
      (2)   A fee of $10 for determining private property ownership when necessary;
      (3)   A fee of $3 for each time a first-class letter is written to the occupant or owners;
      (4)   A fee of $20 per man-hour, or fraction thereof, for labor necessary to abate the nuisance; and
      (5)   A fee of $50 per machine-hour, or fraction thereof, for the use of each piece of equipment used in abating the nuisance.
   (C)   The Town Council shall, upon completion of all acts necessary to abate the nuisance, send a statement to the owner and/or occupant of the property notifying said owner and/or occupant of the fees and charges owing to the town for its services. Upon the failure of the owner and/or occupant to pay said fees and charges in full within 30 days, the Town Council may cause such charges and fees to be placed upon the tax duplicate and collected the same as taxes. The Town Council may, in the alternative, refer said charges and fees to the Town Attorney, who shall forthwith collect the fees and charges by civil process.
   (D)   Any person who fails to remove or abate such nuisance or otherwise comply with this subchapter, after receiving notice within the time prescribed in the notice given pursuant to division (A) of this section, shall be fined a sum not exceeding $300; provided, however, that the Town Council in addition may cause such nuisance to be abated in any manner authorized under this subchapter or by law, including an action pursuant to I.C. 36-8-2-4 and the institution of an action to abate a nuisance in a court of competent jurisdiction.
(Ord. 1998-0013, passed - -1998)