(A) (1) A citation is authorized to be issued, by any enforcement officer designated above, against the owner of any residence who violates any of § 51.29.
(2) The citation shall constitute a civil complaint that may be prosecuted in any circuit, superior or county court.
(3) The attorney for the district, or any attorney hired by the district, and/or the respective city/town attorneys for the cities and towns and/or the attorney for the Commissioners shall be, and are authorized to represent the respective governmental entity (“plaintiff”) that retains them for purposes of prosecuting the civil complaint.
(B) (1) After institution of the civil complaint enforcement action, and after issuance of summons as required by the Indiana Rules of Trial Procedure, the plaintiff shall be required to prove an ordinance violation hereunder by a preponderance of evidence before the judge of any court designated herein.
(2) All civil complaint enforcement trials shall be to the bench only and not to a jury, unless otherwise required by law or the court.
(C) Should the plaintiff prove a violation of § 51.29 by a preponderance of evidence in any civil complaint enforcement action, the court shall assess a civil judgment in the sum of not less than $1 nor more than $2,500, plus court costs and attorney fees incurred in prosecuting the action.
