§ 18-86. Abatement.

(a)

Violation notice.

(1)

In the event of a violation of this article, the town manager and/or his designee, or an officer of the police department shall issue a written notice (violation notice) to the violating landowner. The violation notice shall identify the violation and order the landowner to correct the same within seven calendar days from the date on which the violation notice is served on the landowner (abatement period). Personal service, service by U.S. certified mail, or any other manner of service recognized in the state rules of trial procedure shall constitute proper service upon the landowner for purposes of this subsection.

(2)

Any violation notice issued pursuant to this section may be appealed to the town council if written notice of appeal is served on the landowner. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the town council.

(b)

Abatement by town.

(1)

If the landowner fails to timely abate each violation set forth in a violation notice, the landowner shall be deemed to have granted permission to the town to enter the landowner's property for the limited purpose of cutting and/or removing such debris, weeds or rank vegetation located thereon and identified in the violation notice. In such case, the town manager, or his designee, shall prepare a certified statement as to the actual administrative and other costs incurred by the town in taking such action, and serve a copy of the invoice on the landowner. The landowner shall, within seven calendar days from the date on which the landowner is served with such invoice (payment period), pay in full the amount stated thereon to the clerk-treasurer.

(2)

Any invoice issued pursuant to this section may be appealed to the town council if written notice of appeal is served on the clerk-treasurer within seven calendar days from the date on which the invoice is served on the landowner. The timely appeal of an invoice shall toll the payment period pending the issuance of a decision thereon by the town council.

(3)

If the landowner fails to timely pay an invoice issued pursuant to this section or the amount assessed to this section, the clerk-treasurer shall certify to the county auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of the same. The auditor shall place the total amount so certified on the tax duplicate for the property at issue, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the town.

(c)

Hearing of appeals. The town council shall hear any timely requested appeal of a notice of violation or invoice within 30 calendar days following receipt of the same, and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The date on which the town council's decision is served on the landowner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.

(Ord. No. 2007-06, art. IV(D)—(I), (M), 8-9-2007)

State law reference

Collection of expenses, IC 36-7-10.1-4.