(A) A hearing must be held relative to each order issued by the Building Administrator except for an order issued for sealing an unsafe building against intrusion by unauthorized persons under § 150.32(A)(2). An order issued under § 150.32(A)(2) becomes final 10 days after notice is given, unless a hearing is requested before the 10-day period ends by a person holding a fee interest or life estate interest in the unsafe premises. The hearing shall be conducted by the Board of Public Works and Safety as the hearing authority.
(B) The hearing shall be held on a business day no earlier than 10 days after notice of the order is given. The Board of Public Works and Safety may, however, take action at the hearing, or before the hearing if a written request is received by the Board not later than 5 days after notice is given, to continue the hearing to a business day not later than 14 days after the hearing date shown on the order. Unless the hearing authority takes action to have the continued hearing held on a definite, specified date, notice of the continued hearing must be given to the person to whom the order was issued at least 5 days before the continued hearing date, in the manner prescribed by § 150.44. If the order being considered at the continued hearing was served by publication, it is sufficient to give notice of the continued hearing by publication unless the Building Administrator has received information in writing that enables him or her to make service under § 150.44 by a method other than publication.
(C) The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that are the subject of the order or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses and present arguments.
(D) At the conclusion of any hearing at which a continuance is not granted, the Board of Public Works and Safety as hearing authority may make findings and take action to:
(1) Affirm the order;
(2) Rescind the order; and/or
(3) Modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the Board as hearing authority may modify the order in only a manner that makes its terms less stringent.
(E) If, at the hearing, a person to whom an order has been issued requests an additional period to accomplish action requested by the order, and shows good cause for this request to be granted, the hearing authority may grant the request. However, as a condition for allowing the additional period, the hearing authority may require that the person post a performance bond to be forfeited if the action required by the order is not completed within the additional period.
(F) The Board of Public Works and Safety shall, at a public hearing, after having given notice of the time and place of the hearing by publication in accordance with I.C. 5-3-1, adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of ordered action. The Board shall use this schedule to fix the amount of performance bond required under division (E) above.
(G) The record of the findings made and action taken by the presiding officer at the hearing shall be available to the public upon request. However, neither the Building Administrator nor the Board of Public Works and Safety is required to give any person notice of the findings and action.
(Ord. 15-2005, passed 6-29-2005)