(A) City to correct/abate, cost to owner/responsible person.
(1) Corrective action. If a violation has not been corrected pursuant to the conditions set forth in the notice of violation, then, representatives of the city may enter upon the subject's private property and take any and all measures necessary to abate the violation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above.
(2) Notice of payment due. Within 30 days after abatement of the violation, the city shall notify the owner of the property or responsible person in writing of the cost of abatement, including administrative and legal costs. The owner or responsible party shall pay said amount within 30 days of the date of the invoice unless a longer time for payment is stipulated in the invoice. If the city allows a period for payment greater than 30 days, the payments shall then be subject to interest at a rate not greater than allowed by statute.
(3) Lien on property. If the amount due is not paid within the 30 days or the time stipulated in the invoice, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment and any interest. The Clerk Treasurer shall file and record said lien with Porter County as provided by statute.
(B) Injunctive relief. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this chapter, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(C) Criminal prosecution. Any person, as defined in this chapter, that has violated or continues to violate this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of $1,000 per violation per day and/or imprisonment for a period of time as set by the court.
(D) Violations deemed a public nuisance. In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance, and may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(E) Recover costs. The city may recover all attorney's fees, court costs, and other expenses associated with enforcement of this chapter, including sampling and monitoring expenses.
(F) Remedies not exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state or local law and it is within the discretion of the authorized enforcement agency to seek cumulative remedies.
(Ord. 40-2006, passed 9-11-06)