(A) Notice to remove. The City Inspector is authorized and empowered to notify the owner or occupant of any open or vacant private property within the City or the agent of that onwer or occupant to properly dispose of debris and junk located on the owner's or occupant's property which is dangerous to the public health, safety or welfare. This notice shall be by registered or certified mail, addressed to the owner and/or occupant at his last known address.
(B) Action upon noncompliance. Upon the failure, neglect or refusal of any owner, occupant, or agent so notified, to properly dispose of debris and/or junk dangerous to the public health, safety, or welfare within ten days after receipt of written notice provided for in division (A), or within ten days after the date of that notice in the event that same is returned to the City by the U.S. Post Office Department because of its inability to make delivery thereof, provided that same is properly addressed to the last known address of that owner, occupant or agent, the work of disposing of the debris or junk shall be done or cause to be done by the City, and all authorized officers, employees, and contracting agents of the City, and each of them are hereby expressly authorized to enter into and upon private property for the purpose of removing and disposing ofthat debris or junk. It shall be unlawful for any person to interfere, hinder or refuse to allow persons so authorized to enter upon private property for that purpose.
(C) Costs constitute lien on placing on tax duplicate.
(1) The actual costs of the city for so removing and disposing of the debris and junk shall be, and the same is declared and constitutes, a lien in favor of the city upon and against the property; and all costs, together with any penalty applicable thereto, shall be collected in the manner hereinafter set forth. In all cases where the full amount due the city is not paid to the Clerk-Treasurer of the city by the owner or shall thereunder become and is declared to be delinquent, and a penalty of 10% of the amount of those costs shall thereupon be attached thereto and shall be included in the lien and shall be collected in addition to those costs. Whenever a delinquency occurs for nonpayment of costs, the Clerk-Treasurer shall file in the County Recorder's office, a notice of lien setting forth the name or names of the owner or owners of each such property on which those costs has become delinquent, and further setting forth the description of each such property as shown by the records of the County Auditor's office and the amount of those delinquent costs and the amount of penalty thereon. The lien shall be attached to the property described in the notice of lien from the time of the recording of the notice of lien.
(2) The Clerk-Treasurer is further authorized and directed to certify to the County Auditor a true copy of the notice of lien and the amount of the delinquent costs and penalty thereon shall be charged to that property on the tax duplicate and shall be collected in the same manner that the taxes are collected by law. This notice of lien so filed, recorded and certified in accordance with the provisions hereof shall be prima facie evidence that the provisions of this subchapter have been fully complied with and that the work has been done in accordance with the provisions hereof, and shall be full notice to any person whomsoever that the amount of the lien constitutes a charge and lien against the property therein described, and that the same is due and collectible as provided by law.
(3) Upon collection of those costs and penalty thereon, the County Auditor or other appropriate county official shall pay over to the Clerk-Treasurer the amount of those costs so collected, together with one-half of the penalty thereon, retaining for the use and benefit of the county the remaining one-half of the penalty as a fee for collection.
(Ord. 8-99, passed 3-22-99)