Sec. 505.87. (A) A board of township trustees may provide for | 10 |
the abatement, control, or removal of vegetation, garbage, refuse, | 11 |
and other debris from land in the township, if the board | 12 |
determines that the owner's maintenance of that vegetation, | 13 |
garbage, refuse, or other debris constitutes a nuisance. | 14 |
(2) If that vegetation, garbage, refuse, or other debris is | 23 |
not abated, controlled, or removed, or if provision for its | 24 |
abatement, control, or removal is not made, within seven days, the | 25 |
board shall provide for the abatement, control, or removal, and | 26 |
any expenses incurred by the board in performing that task shall | 27 |
be entered upon the tax duplicate and become a lien upon the land | 28 |
from the date of entry. | 29 |
The board shall send the notice to the owner of the land by | 30 |
certified mail if the owner is a resident of the township or is a | 31 |
nonresident whose address is known, and by certified mail to | 32 |
lienholders of record; alternatively, if the owner is a resident | 33 |
of the township or is a nonresident whose address is known, the | 34 |
board may give notice to the owner by causing any of its agents or | 35 |
employees to post the notice on the principal structure on the | 36 |
land and to photograph that posted notice with a camera capable of | 37 |
recording the date of the photograph on it. If the owner's address | 38 |
is unknown and cannot reasonably be obtained, it is sufficient to | 39 |
publish the notice once in a newspaper of general circulation in | 40 |
the township.
The | 41 |
(C) If a board of township trustees determines within twelve | 42 |
consecutive months after a prior nuisance determination that the | 43 |
same owner's maintenance of vegetation, garbage, refuse, or other | 44 |
debris on the same land in the township constitutes a nuisance, at | 45 |
least four days before providing for the abatement, control, or | 46 |
removal of any vegetation, garbage, refuse, or other debris, the | 47 |
board shall give notice of the subsequent nuisance determination | 48 |
to the owner of the land and to any holders of liens of record | 49 |
upon the land as follows: | 50 |
(1) The board shall send written notice by first class mail | 51 |
to the owner of the land and to any lienholders of record. Failure | 52 |
of delivery of the notice shall not invalidate any action to | 53 |
abate, control, or remove the nuisance. Alternatively, the board | 54 |
may give notice to the owner by causing any of its agents or | 55 |
employees to post the notice on the principal structure on the | 56 |
land and to photograph that posted notice with a camera capable of | 57 |
recording the date of the photograph on it. | 58 |
(C)(E) If, within seven days after notice is given under | 71 |
division (B) of this section, or within four days after notice is | 72 |
given under division (C) of this section, the owner of the land | 73 |
fails to abate, control, or remove the vegetation, garbage, | 74 |
refuse, or other debris, or no agreement for its abatement, | 75 |
control, or removal is entered into under division
(B)(D) of this | 76 |
section, the board of township trustees shall provide for the | 77 |
abatement, control, or removal and may employ the necessary labor, | 78 |
materials, and equipment to perform the task. All expenses | 79 |
incurred, when approved by the board, shall be paid out of the | 80 |
township general fund from moneys not otherwise appropriated, | 81 |
except that if the expenses incurred exceed five hundred dollars, | 82 |
the board may borrow moneys from a financial institution to pay | 83 |
for the expenses in whole or in part. | 84 |
(D)(F) The board of township trustees shall make a written | 85 |
report to the county auditor of the board's action under this | 86 |
section. The board shall include in the report a proper | 87 |
description of the premises and a statement of all expenses | 88 |
incurred in providing for the abatement, control, or removal of | 89 |
any vegetation, garbage, refuse, or other debris as provided in | 90 |
division (C)(E) of this section, including the board's charges for | 91 |
its services, the costs incurred in providing notice, any fees or | 92 |
interest paid to borrow moneys, and the amount paid for labor, | 93 |
materials, and equipment. The expenses incurred, when allowed, | 94 |
shall be entered upon the tax duplicate, are a lien upon the land | 95 |
from the date of the entry, shall be collected as other taxes, and | 96 |
shall be returned to the township and placed in the township | 97 |
general fund. | 98 |