(A) If all or any part of the costs listed in § 150.39 remain unpaid for any unsafe premises other than unsafe premises owned by a governmental entity for more than 15 days after the completion of the work, and if the Building Administrator determines that there is a reasonable probability of obtaining recovery, the Building Administrator shall prepare a record stating:
(1) The name and last known address of each person who held a fee interest or life estate interest in the unsafe premises from the time the order requiring the work to be performed was recorded to the time that the work was completed;
(2) The legal description or address of the unsafe premises that were the subject of the work;
(3) The nature of the work that was accomplished;
(4) The amount of the unpaid bid price of the work that was accomplished; and
(5) The amount of the unpaid average processing expense. The record must be in a form approved by the State Board of Accounts.
(B) The Building Administrator shall swear to the accuracy of the record before the Clerk of the Circuit Court and deposit the record in the Clerk's office. Notice that the record has been filed and that a hearing on the amounts indicated in the record may be held must be sent to the persons named in the record, in the manner prescribed by § 150.44.
(C) If, within 30 days after the notice required by division (B) above, a person named in the record files with the Clerk of the Circuit Court a written petition objecting to the claim for payment and requesting a hearing, the Clerk shall enter the cause on the docket of the Circuit or Superior Court as a civil action, and a hearing shall be held on the question in the matter prescribed by I.C. 4-22-2 et seq. At the conclusion of the hearing, the Court shall either sustain the petition or enter a judgment against the persons named in the record for the amounts recorded or for the modified amounts pursuant to I.C. 36-7-9-13(c).
(D) If no petition is filed under division (C) above, the Clerk of the Circuit Court shall enter the cause on the docket of the Court and the Court shall enter a judgment for the amounts stated in the record pursuant to I.C. 36-7-9-13(d).
(E) A judgment under this section is a debt and a lien on all real and personal property of the person named, or a joint and several debt and lien on the real and personal property of the persons named. The lien may be perfected pursuant to I.C. 36-7-9-13(e).
(Ord. 15-2005, passed 6-29-2005)