§ 66-22. Failure to comply with notice.

(a)

If the owner or agent of the owner fails to comply with the health department or division of code enforcement notice or order, the city or any of its agencies may, but shall not be required to, perform such work with its own forces and employees. After the work is completed, the city or its agency shall notify the owner or its agent of the cost of the work, which cost may be recovered in an appropriate action of law against the record owner of the property.

(b)

In addition to all other remedies provided by law, the cost of performing the work on the property or the sidewalk abutting the same shall constitute a lien on the property and shall be payable within 30 days at the office of the city controller. If the cost is not paid when due, it shall be enforceable by foreclosure in an appropriate action of law. The amount of the costs shall become a part of the funds of the city or its agency doing the work.

(c)

If the owner fails to comply with a notice issued pursuant to this article within the time prescribed in the notice, or any written extension of that time granted by the director of code enforcement or his designee, the division of code enforcement, either by use of employees of the city or by contractors hired by the division of code enforcement, may enter the property to abate the violation of this article by cutting and removing such weeds and/or rank vegetation as may exist at that time.

(d)

If the division of code enforcement removes such weeds and/or rank vegetation, either by use of city employees or by use of contractors, the division of code enforcement shall issue a bill to the owner for the costs incurred by the city in abating the violation, including administrative and removal costs. The bill shall be served on the owner in the same manner as the notice of violation pursuant to section 66-21.

(e)

Any appeal of either the removal notice or the bill must be made in writing within ten calendar days of the date of the document being appealed. Any appeal must be in writing and filed with the division of code enforcement. Appeals shall be scheduled for hearing before the hearing officer appointed to hear code enforcement matters pursuant to IC 36-7-9, at the next scheduled time for such hearings. After the hearing, the hearing officer shall issue written findings. Any appeal from these findings must be made within ten calendar days from the date they are issued, to any court of general jurisdiction in the county.

(f)

If the owner fails to pay a bill issued pursuant to this section within the time specified in the bill, or within the time specified in the order, if an appeal of the bill was made, the division of code enforcement shall certify to the auditor of the county the amount of the bill, plus any additional administrative costs incurred in the certification. The county auditor shall then place the entire amount certified on the tax duplicate for the property affected, 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 city.

(Code 1985, § 94.22; Ord. No. 2398, 9-15-1980; Ord. No. 3681, 5-3-1993; Ord. No. 3697, 6-21-1993; Ord. No. 3911, 12-19-1994)