(A) The Building Administrator as the enforcement authority may issue an order requiring action relative to any unsafe premises located in the City of Brazil, including:
(1) Vacating of an unsafe building;
(2) Sealing an unsafe building against intrusion by unauthorized persons by either locking or securing or securing all possible means of entrance, "Boarding up" of all means of entrance, installing a chain and conspicuous sign prohibiting entrance onto this unsafe premises at all possible means of entrance or by appropriate law enforcement or fire suppression officials prohibiting access thereto;
(3) Extermination of vermin in and about the unsafe premises;
(4) Removal of trash, debris or fire hazardous material in and about the unsafe premises;
(5) Repair of an unsafe building to bring it into compliance with standards for building condition or maintenance as prescribed by law;
(6) Removal of part of an unsafe building;
(7) Removal of an unsafe building; and/or
(8) Requiring, for an unsafe building that will be sealed for a period of more than 90 days:
(a) Sealing against intrusion by unauthorized persons and the effects of weather;
(b) Exterior improvements to make the building compatible in appearance with other buildings in the area; and
(c) Continuing maintenance and upkeep of the building and premises; in accordance with standards established by ordinance.
(B) This order must contain the name of the person to whom the order is issued; the legal description or address of the unsafe premises that are the subject of the order; the action that the order requires; the period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given; if a hearing is required, a statement indicating the exact time and place of the hearing, and stating that person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses and present arguments; if a hearing is not required, a statement that an order to seal an unsafe building against intrusion by unauthorized persons pursuant to division (A)(2) above becomes final 10 days after notice is given, unless a hearing is requested in writing by a person holding a fee interest or life estate interest in the unsafe premises, and the request is delivered to the Building Administrator before the end of the 10-day period; a statement briefly indicating what action can be taken by the Building Administrator if the order is not complied with; a statement indicating the obligation created by § 150.44 relating to notification of subsequent substantial property interest holders and the Building Administrator; the name, address and telephone number of the Building Administrator as the enforcement authority.
(C) The order must allow sufficient time, of at least 10 days from the time when notice of the order is given, to accomplish the required action. If the order allows more than 30 days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within 30 days.
(D) Notice of the order must be given pursuant to the provisions of § 150.30 of this subchapter.
(E) The order expires 2 years from the day the notice of the order is given, unless 1 or more of the following events occurs within that 2-year period:
(1) A complaint requesting judicial review is filed seeking emergency action pursuant to I.C. 36-7-9-9;
(2) A contract for action required by the order is let at public bid under I.C. 36-7-9-11; or
(3) A civil action is filed under I.C. 36-7-9-17.
(Ord. 15-2005, passed 6-29-2005)