(A) The town hereby adopts I.C. 36-7-9.
(B) The town hereby supplements I.C. 36-7-9-5 as follows:
(1) The Albany Planning Commission is the enforcement authority for the provisions set forth in this subchapter.
(2) Prior to the issuance of an order requiring action relative to any unsafe building, whenever the administration officer of the Albany Planning Commission determines that any building or structure, or any part of a building or structure, fails to meet the requirements set forth in this subchapter or any applicable rules and regulations issued pursuant thereto, they shall issue a notice setting forth the alleged failures advising the owner that such failures must be corrected. This notice shall:
(a) Be in writing;
(b) Set forth the alleged violations of this subchapter or of applicable rules and regulations issued pursuant thereto;
(c) Describe the dwelling, dwelling unit, rooming unit or structure where the violations are alleged to exist or to have been committed;
(d) Provide a reasonable time, not to exceed 60 days, for the correction of any violation alleged;
(e) 1. Be served upon the owner, of the dwelling, dwelling unit, rooming unit or structure personally by the Town Marshal to the last know place of residence of the owner. If one or more persons to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such person or persons by posting a notice in or about the dwelling, dwelling unit, rooming unit or structure described in this notice, or by causing such notice to be published in a newspaper of general circulation for a period of two consecutive days.
2. At the end of the time allowed for the correction of any violation alleged, the administration officer of the Albany Planning Commission shall re-inspect the dwelling, dwelling unit, rooming unit or structure described in the notice.
3. If upon re-inspection the violations alleged are determined by the administration officer of the Albany Planning Commission to have been corrected, they shall issue a second notice of violation, which shall constitute an order as required under I.C. 36-7-9-5.
(C) The Town of Albany designates the Albany Board of Zoning Appeals as the hearing authority with regard to unsafe building matters pursuant to I.C. 36-7-9.
(Ord. 2004-5, passed 2-23-04)
Statutory Reference:
Indiana Building Code, see 675 IAC 13-1-1 et seq.