(A) The Clerk-Treasurer is authorized and empowered to notify, in writing, the owner of any lot, place or area within the city, or the agent of such owner, to abate any nuisance on his property, and may issue a continuous enforcement order to such agent or owner. Such notice shall be served by a law enforcement officer of the city, or sent by certified mail, return receipt requested, addressed to said owner, or agent of said owner, at his last known address as shown by the records in the Courthouse of Randolph County.
(B) On the failure, neglect, or refusal of any owner or such agent so notified, to abate said nuisance located on such property or on the sidewalk abutting these areas within five days after receiving the written notice provided for in division (A), or within 14 days after the date of such notice in the event the same is returned by the Post Office Department because of its inability to make delivery or the failure of the owner to accept the notice provided the notice was properly addressed to the last known address of such owner or agent as shown on the tax records of Randolph County, Indiana, the Board of Public Works and Safety are authorized and empowered to remove the nuisance or hire the same to be done.
(C) When the city has effected the removal of such nuisance, and has not been paid the actual costs thereof, such costs shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the county. This charge shall be due and payable by the owner at the time of payment of the tax bill.
(D) If the landowner fails to remove the nuisance within the time prescribed, the city may remove the nuisance. The Clerk-Treasurer must make a certified statement of the actual cost incurred by the city in the removal. The statement must be delivered to the owner of the property by a law enforcement officer of the city or by certified mail, return receipt requested, and the owner shall pay the amount to the Clerk-Treasurer. If the landowner fails to pay the amount within ten days after receiving the statement, a certified copy of the statement of costs shall be filed in the Office of the Auditor of Randolph County, Indiana. The Auditor shall place the amount claimed on the tax duplicate against the property affected by the work, and the amount shall be collected as taxes are collected and shall be disbursed to the general fund of the city.
(E) In lieu of filing of a lien as set out in division (C) and (D) above, the city may seek and be granted, in any court of competent jurisdiction, injunctive relief to enforce this chapter. Any action brought pursuant to this section shall prohibit a lien being filed as set out herein for the same acts alleged in the complaint by the City pursuant to this section.
(F) Continuous enforcement order. An order that:
(1) Is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional:
(a) Compliance and abatement authority; or
(b) Orders for the same or similar violations;
(2) Authorizes specific ongoing compliance and enforcement activities if a property requires re-inspection or additional periodic abatement;
(3) Can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and
(4) Authorizes the Clerk-Treasurer to assess and collect ongoing costs for continuous enforcement order activities from any property that is subject to the order.
(Ord. 65-620, passed 7-19-65; Am. Ord. 2000-8, passed 8-21-00; Am. Ord. 2010-18, passed 12-20-10) Penalty, see § 94.06