(A) Notice to owner; content.
(1) For any property found to be in violation of § 95.04, the Department shall issue a notice to the owner ordering the removal of the trash and debris within 10 calendar days. The notice shall also state the amount of penalty included if the trash and debris is not removed from the premises with the 10 days. If the violation is corrected by the owner or other responsible party within 10 days, no further action will be taken and no penalty imposed. The owner or other responsible party shall correct the violation or request a hearing within 10 days of the date of service. The request for a hearing must be in writing, addressed to the Department and delivered in person or by certified mail. The person notified shall also be informed that if the violation is not corrected within the 10 days and a hearing is not requested, the Department shall have the trash and debris removed, either by its own workers and equipment or by a contractor hired by the Department for this purpose. The monetary penalty, as well as the administrative cost incurred by the Department in processing the matter shall be added to the cost of removal. The owner shall also be notified that if the costs outlined above and authorized by law are not paid when due, they may be added to the property taxes and/or be a lien against the property.
(2) The notice shall also state:
(a) The location of the violation;
(b) The nature of the violation;
(c) The time period for correcting the violation;
(d) The remedy the Department may seek to abate the violation; and
(e) The name, address and telephone number of the person in the Department to contact regarding the violation.
(B) Manner of legal service. Notice of orders, hearings and continuation of hearings shall be given in accordance with I.C. 36-7-9-25.
(C) Emergency action. No section of this chapter shall prevent the Department from executing emergency action as set forth in I.C. 36-7-9-9.
(Ord. 12-2009, passed 4-27-2009)