Failure to abate after notice; abatement by city.
Indianapolis-Marion County Revised Code § 575-7
in effectSec. 575-7. - Failure to abate after notice; abatement by city.
(a) Abatement by city. If, upon reinspection, it is determined by the authorized individual that abatement has not occurred, or if vegetation of a height of twelve (12) inches or more is present on a property in the same calendar year in which the city previously abated a violation of a similar nature on that property, then the director of the department of business and neighborhood services, or his or her designee, may enter upon the premises and abate the environmental public nuisance. The recipient shall be liable for the costs of abatement. After abatement is completed, the department shall, either by personal service or first class United States mail, postage prepaid, send the recipient a bill for the costs of abatement.
(b) Responsibility of occupant or owner for costs of abatement.
(1) Abatement costs. As reimbursement to the department of business and neighborhood services for its costs, the recipient shall, within ten (10) days of the date of the bill, pay to the department the following fees and charges:
a. An administrative fee, provided in section 131-501 of the Code, for such administrative tasks as inspecting the property to determine compliance, determining ownership and preparing and mailing notices;
b. Any disposal fees actually incurred to dispose of litter and waste products removed;
c. Any other reasonable fees actually incurred in abating an environmental nuisance; and
d. Administrative, labor and equipment fees may be changed or established by regulation of the board of business and neighborhood services as necessary to assure that such fees are adequate to reimburse the department.
(2) Hearing. A recipient may request in writing an informal hearing before the director of the department of business and neighborhood services, or his or her designee, to dispute the existence of a violation and/or the accuracy of all or part of the costs of abatement billed. Upon receipt of a hearing request, the department shall not take abatement action until after the director or his or her designee notifies the recipient of his or her decision. After such hearing, the director of the department of business and neighborhood services, or his or her designee, shall determine the existence of a violation and/or the accuracy of all or part of the abatement costs billed and shall notify the recipient of any amounts due to the department. The decision of the director, or his or her designee, shall be final.
(3) Unpaid costs become lien upon affected property; perfecting of lien. Upon the failure of the owner who was sent a bill to pay the appropriate fees and charges within the ten-day time period, the department of business and neighborhood services shall have a lien upon the property on which the environmental public nuisance was abated for the amount billed in accordance with the fee schedule listed above. In addition, there will be a ten-dollar ($10.00) charge for services necessary in order to perfect such lien. Such liens may be perfected in the following manner:
a. By the adoption by the board of business and neighborhood services at any regular or special meeting thereof of an assessment resolution, which shall give the name of the owner or owners, a description of the property on which the environmental public nuisance was abated, and the amount of the charges being assessed;
b. The certification of such assessment resolution to the county auditor, who by special assessment shall cause the amount thereof to be placed on a tax duplicate for the property on which the environmental public nuisance was abated for collection as in the nature of a real property tax; and
c. Upon receipt of a written verified request from the purchaser, the department shall release liens perfected after the recorded date of conveyance of the property. The request must state that the purchaser was not an owner or occupant of the property at the time of the notice of violation or at the time of the city's abatement without notice of a subsequent violation of a similar nature in a calendar year as provided in this chapter, had no knowledge of the notice of violation and has not been paid by the seller for the costs of abatement billed.
(4) Civil action to recover costs of abatement. Upon the failure of the recipient who was sent the notice of violation and bill to pay the appropriate fees and charges within the ten-day period, the department of business and neighborhood services may bring a civil action in court against such recipient to recover the amount billed, plus reasonable attorney's fees.
(G.O. 30, 1995, § 1; G.O. 35, 2003, § 3; G.O. 38, 2007, § 1; G.O. 39, 2009, § 2; G.O. 63, 2009, § 52; G.O. 43, 2010, § 2; G.O. 41, 2016, § 2)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH575ENPUNU_ARTIINGE_S575-7FAABAFNOABCIFetched: 10/27/2026