(A) When the city has effected the removal of the public nuisance in accordance with § 91.04, and has not been paid the actual costs thereof, the Clerk-Treasurer may make a certified statement of the
actual cost incurred by the city in the removal using the rates contained in § 91.04(B) as well as any administrative costs associated therewith. 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 Allen County. 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, all as provided by I.C. 36-7-10.1-1 through 36-7-10.1-5.
(B) In lieu of filing a lien as set out in division (A) above, if the owner or occupant of the property fails to make payment of the costs incurred by the city in effecting removal of the public nuisance within the timeframe described under § 91.05(A), the city may bring an action in any court of competent jurisdiction, which may include the City Court of New Haven (as may be provided by an inter-local agreement between the City of New Haven and the City of Woodburn) to collect the amount of the bill plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. If the city obtains a judgment under this § 91.05(B) , the city shall have a lien in the amount of the judgment on any real or personal property of the owner or occupant, as the case may be. The suit may also request penalties as provided for in § 91.99 . The city may also request an injunction against the offender seeking an injunction to prohibit such activity and to comply with the provisions of this section.
(Ord. G-16-1338, passed 7-18-16)