Amending Chapters 13 and 16 Regulating Nuisamce and Other Offenses

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or personal property within the City any object or condition which is deemed to be a public nuisance under Section 16 -53 of this article. Such notice shall be given to the owner of record or his agent, to any tenant or occupant and to any other party known to have a substantial interest in the property upon which the nuisance exists. Notice to the record owner may be mailed to his last known address. Notice to any tenant or occupant may be given by posting same in a prominent place upon the premises where the nuisance is located. Notice to any other party known to have substantial interest in the property may be mailed to his last known address or to the last known address of his agent. Section 16 -56 Failure to comply with notice to abate. Failure, neglect, or refusal by the record owner or his agent, the tenant or occupant, or any other party known to have a substantial interest in the property, to comply with the terms of the notice given pursuant to Section 16 -54 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate the nuisance following notice pursuant to Section 16 -54 shall constitute a violation of this article. Each day's failure, neglect or refusal to abate following notice shall constitute a separate offense under this article. Section 16 -57 Abatement by City. Upon the failure, neglect, or refusal of any party to whom notice to abate a nuisance has been given under Section 16 -54, or whenever a nuisance exists which creates a health or safety hazard requiring immediate abatement in order to protect public health or safety and all persons known to have a substantial interest in the property where the nuisance exists have been given a reasonable opportunity to bring the property into compliance and have not done so, the Board of Public Works or its designee may abate the nuisance, keeping accurate account of all costs, and bill them to the record owner or to the person shown to have the right of exclusive possession of the property. Appropriate legal action may be taken to collect such costs if they remain unpaid sixty (60) days after the billing date. Unpaid costs may be made a lien against the property. Section 16 -58 Duties of owners or persons in con- trol of vacant lots. (a) Any person owning or controlling any vacant lot within the City must keep same free of trash, litter, debris, garbage and similar material. (b) All persons owning or controlling vacant lots shall mow the lot or cause it to be mowed whenever weeds or grass thereon reach a height of more than 12 inches. (c) If the person owning or controlling a vacant lot fails to maintain it in accord with the conditions set forth in this Article, the Board of Public Works or its designee shall proceed with notice and abatement procedures as set forth in Sections 16 -55, 16 -56 and 16 -57 of this Article. Section 16 -59 Removal of Vegetation Notwithstanding any other provision of this Article, the Board of Public Works or its designee may employ the procedures set forth in IC 36- 7 -10 -3 for the removal of vegetation and the col- lection of removal costs when weeds or grass on real property reach a height of more than twelve (12) inches and the landowner, after proper notice, fails to remove the vegetation. -3-