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(A) Separate violations.
(1) Each day of violation of this chapter constitutes a separate violation subject to a separate penalty not to exceed$50.
(2) Any person found to have violated this chapter shall also be liable for court costs as provided in Indiana Code.
(B) Failure of removal.
(1) If any owner, occupant or lessee of any lot or parcels of lots or parcel of real estate shall fail to remove or abate the garbage, trash, rank vegetation or other waste substances after receiving notice as provided in § 93.03, the Town Council may cause the same to be removed or otherwise abated.
(2) When the Town Council has effected the removal of the nuisance, it shall prepare a sworn statement showing the cost of the work performed and it shall bill the owner of record.
(3) The bill shall be in the minimum amount of $50 and shall be due and payable at the time of receiving the statement.
(C) Failure of owner to pay.
(1) When the full amount due the town is not paid by the owner within 90 days after receipt of the statement as provided in division (B) above then, and in that case, the Town Council shall cause to be recorded in the County Recorder’s office a sworn statement showing the cost and expense incurred for the work, date the work was done and the location of the property on which the work was done.
(2) The recordation of the sworn statement shall constitute a lien on the property, and shall remain in force and effect for the amount due in principal and interest, plus any costs of court and for collection until final payment has been made.
(3) The costs and expenses shall be collected in the manner fixed by law for the collection of real estate taxes and further, shall be subject to a delinquent penalty the same as real estate taxes in the event same is not paid in full on or before the date of the tax bill upon which the charges appear to become delinquent.
(4) Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.
(Ord. 04-02, passed - -2004)