Skip to code content (skip section selection)
(A) (1) Whenever the Enforcing Official determines that any existing excavation, fill, hillside, slope or other earth condition (including exempted work) has become a hazard, the Enforcing Official shall order the owner of the property on which such condition exists to correct the condition. Upon receipt of the order from the Enforcing Official, the owner shall, within 30 calendar days, apply for and obtain a permit and proceed as directed to correct the conditions (creating such hazard) according to the provisions of these regulations.
(2) Where such hazard is created by erosion and/or sedimentation, the Enforcing Official shall issue an order(s) with a shorter time limit, but in no case shall the order provide the owner with less than ten days in which to bring the property into compliance, except as hereinafter set forth, so as to provide the necessary protection as required to alleviate or remove the hazard.
(B) In emergency situations, where the Enforcing Official determines that the hazardous condition creates a risk of actual or immediate failure or collapse:
(1) The Enforcing Official shall issue orders to the owner to immediately have such work done as may be necessary to render the condition safe. Within three working days after the emergency work is done, the owner shall file the necessary documentation and permit application for that work.
(2) If the Enforcing Official cannot promptly resolve the condition with the owner involved to do such emergency work, he or she shall employ such labor and use or purchase materials as may be necessary to accomplish the same, as expeditiously as possible and notify the Clerk-Treasurer of the city of his or her intention to do so. In attempting to make the condition safe, the Enforcing Official may close off the property, any adjacent property affected, and sidewalks, streets and other public ways and areas, and prohibit the use of the same. Costs incurred by the Enforcing Official in executing such emergency work shall be paid from public monies, upon his or her certification. The Enforcing Official shall immediately notify the Code Enforcement Attorney in writing of such expenditures and request such action as appropriate for the recovery of such costs, plus the cost of the recovery, from the property owner, payable to the City Treasurer.
(C) Where the Enforcing Official has to perform work in order to correct a hazard, the party responsible for creating said hazard, whether owner, permit holder, agent of the owner or person having control of any property, will either:
(1) Not be granted any further earthwork permits for future work on property he/she controls until the following conditions have been satisfied:
(a) The party responsible completes all work on the property necessary to abate any remaining hazard; and
(b) The party responsible reimburses the City Treasurer for that work which the Enforcing Official performed, or has caused to be performed, in abating the hazard; or
(2) The Enforcing Official may place a lien or otherwise assess or encumber the property (in the amount required to complete or correct the unfinished work) pursuant to IC 36-1-6-1 et seq.
(D) Where earthwork operations are terminated because the project is abandoned, the work area, site and affected existing terrain shall be inspected by the Enforcing Official. Such locations shall be left in a condition satisfactory to the Enforcing Official.
(Ord. 2005-2, passed 3-21-05; Am. Ord. 2006-01, passed 3-20-06)