Sec. 505.87. (A) A board of township trustees may provide
for | 9 |
the abatement, control, or removal of vegetation, garbage,
refuse, | 10 |
and other debris from land in the township, if the board | 11 |
determines that the owner's maintenance of that vegetation, | 12 |
garbage, refuse, or other debris constitutes a nuisance. | 13 |
(2) If that vegetation, garbage, refuse, or other debris
is | 22 |
not
abated, controlled, or removed, or if provision for its | 23 |
abatement,
control, or removal is not made, within seven days,
the | 24 |
board
shall provide for the abatement, control, or removal,
and | 25 |
any
expenses incurred by the board in performing that task
shall | 26 |
be entered upon the tax duplicate and
become a lien upon
the land | 27 |
from the date of entry. | 28 |
The(C)(1) If the board of township trustees has not sent a | 29 |
notice under division (B) of this section within the preceding | 30 |
twelve months regarding the same parcel of land, the board shall | 31 |
send the notice to the owner
of the land
by
certified mail if the | 32 |
owner is a resident of the
township or is a
nonresident whose | 33 |
address is known, and
by
certified mail to
lienholders of record; | 34 |
alternatively, if the
owner is a resident
of the township or is a | 35 |
nonresident whose
address is known, the
board may give notice to | 36 |
the owner by
causing any of its agents or
employees to post the | 37 |
notice on the
principal structure on the
land and to photograph | 38 |
that posted
notice with a camera capable of
recording the date of | 39 |
the
photograph on it. If the owner's
address
is unknown and | 40 |
cannot
reasonably be obtained, it is
sufficient to
publish the | 41 |
notice
once in a newspaper of general
circulation in
the | 42 |
township.
The | 43 |
(2) If the board of township trustees has sent a notice under | 44 |
division (B) of this section within the preceding twelve months | 45 |
regarding the same parcel of land, the board shall send the notice | 46 |
to the owner of land by ordinary mail if the owner is a resident | 47 |
of the township or is a nonresident whose address is known, and by | 48 |
ordinary mail to lienholders of record; alternatively, if the | 49 |
owner is a resident of the township or is a nonresident whose | 50 |
address is known, the board may give notice to the owner by | 51 |
causing any of its agents or employees to post the notice on the | 52 |
principal structure on the land and to photograph that posted | 53 |
notice with a camera capable of recording the date of the | 54 |
photograph in it. If the owner's address is unknown and cannot | 55 |
reasonably be obtained, it is sufficient to post the notice on the | 56 |
board of township trustee's internet web site for seven days, or | 57 |
to post the notice in a conspicuous location in the board's office | 58 |
for seven days if the board does not maintain an internet web | 59 |
site. | 60 |
(C)(E) If, within seven days after notice is given, the owner | 67 |
of
the land fails to abate, control, or remove the vegetation, | 68 |
garbage, refuse, or other debris, or no agreement for its | 69 |
abatement,
control, or removal is entered into under division | 70 |
(B)(D)
of this
section, the board of township trustees shall | 71 |
provide for
the
abatement, control, or removal and may employ the | 72 |
necessary
labor,
materials, and equipment to perform the task. All | 73 |
expenses
incurred, when approved by the board, shall be paid out | 74 |
of
the
township general fund from moneys not otherwise | 75 |
appropriated,
except that if the expenses incurred exceed five | 76 |
hundred dollars,
the board may borrow moneys from a financial | 77 |
institution to pay
for the expenses in whole or in part. | 78 |
(D)(F) The board of township trustees shall make a written | 79 |
report to the county auditor of the board's action under this | 80 |
section. The board shall include in the report a proper | 81 |
description of the premises and a statement of
all
expenses | 82 |
incurred in providing for the abatement, control, or
removal of | 83 |
any vegetation, garbage, refuse, or other debris as
provided
in | 84 |
division (C)(E) of this section, including the board's
charges for | 85 |
its services, the costs incurred in providing notice,
any fees or | 86 |
interest paid to borrow moneys, and the amount paid
for
labor, | 87 |
materials, and equipment. The expenses incurred, when allowed, | 88 |
shall be
entered
upon the tax duplicate, are a lien upon the land | 89 |
from the
date of
the entry, shall be collected as other taxes, | 90 |
and
shall be returned to
the township and placed in the township | 91 |
general fund. | 92 |