§ 52B.102 COST OF ABATEMENT OF THE VIOLATION.
   (A)   In addition to any other remedies, should any owner fail to comply with the provisions of this chapter, the city may, after giving notice and opportunity for compliance, have the necessary work done, and the owner shall be required to promptly reimburse the city for all costs of such work.
   (B)   Nothing herein contained shall prevent the city from taking such other lawful action as may be necessary to prevent or remedy any violation. All costs connected therewith shall accrue to the person or persons responsible. Costs include, but are not limited to, repairs to the stormwater drainage system made necessary by the violation, as well as those penalties levied by the EPA or IDEM for violation of the city’s NPDES permit, administrative costs, attorney fees, court costs, and other costs and expenses associated with the enforcement of this chapter, including sampling and monitoring expenses.
   (C)   If the amount due for abatement of the violation is not paid within a timely manner as determined by the decision of the city or by the expiration of the time in which to file an appeal, the city may commence a court action to recover the costs assessed under I.C. 34-28-5-1(b), to be read together with I.C. 34-6-2-86(1)(B) and I.C. 13-21-3-12(4).
(Ord. 10-2024, passed 7-8-2024)