(1) Upon the failure of the property owner, occupant, and/or any person holding a beneficial interest in the property upon whom notice to abate a public nuisance was served, to cause the abatement of the public nuisance as required by the notice, and after notice and opportunity for hearing before the town council, the town council or its designee shall proceed at once to cause the public nuisance to be abated and shall prepare a statement of any and all costs incurred in the abatement thereof.

(2) In the event that the town council, or its designee, shall cause a public nuisance to be abated on any property within the town, then as compensation to the town for its services in causing the abatement, the owner, occupant, and/or any person having a beneficial interest in the property shall be charged a fee determined by the town council based upon the amount of time spent in abating the public nuisance.

(3) In accordance with IC 36-1-6-2(a), the expenses incurred by the town to bring compliance constitute a lien against the property. The lien attaches when notice of the lien is recorded in the office of the county recorder. The lien is superior to all other liens except liens for taxes. [Added during 2020 recodification.]