(A) As per the provisions of I.C. 36-7-36-7(2), the enforcement of the provisions of this chapter shall be subject to duly adopted rules and procedures.
(2011 Code, § 98.05)
(B) (1) The Town Council shall be vigilant in identifying structures located in the town that are vacant or abandoned.
(a) The Town Council shall also receive complaints from neighboring residents concerning dwellings or other buildings or any combination thereof that may be vacant or abandoned or may be unfit for human habitation due to dilapidation, defects increasing the hazard of fire, accidents, or other calamities, lack of ventilation, light, or sanitary facilities, or any other conditions prevailing in these dwellings or other buildings whether used for human habitation or not, which would cause such structures to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare whether the result of natural or manmade force or effect; and complaints concerning accumulation of refuse or debris, overgrown vegetation, or toxic spillage or toxic seepage located on private lands which may be deemed to be unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare whether the result of nature or manmade force or effect.
(b) The Town Council may accept a complaint for investigation.
(c) Upon the completion of the investigation of the complaint, and without further public input, the Town Council may:
1. Dismiss the complaint;
2. Conduct further investigation;
3. Adopt an agreement to remedy deficiencies and continue to monitor the structure to permit the property owner time to remedy deficiencies in accordance with an agreement between the Town Council and the property owner;
4. Determine that the structure, accumulation of refuse or debris, overgrown vegetation, toxic spillage, or toxic seepage is unsafe, unsanitary, dangerous, or detrimental to the public safety or welfare and should be repaired, altered, improved, vacated, removed, closed, cleaned up, or demolished as the case may be;
5. Issue such notices or orders which are allowed by statute; or
6. Initiate proceedings to seek an order requiring the property owner to repair, alter, improve, vacate, remove, close, clean up, or demolish the dwelling or building in question within a reasonable time; or to remove or clean up any accumulation of refuse or debris, overgrown vegetation or toxic spillage, or toxic seepage within a reasonable time; and to impose daily civil monetary penalties upon the property owner who fails to obey.
(2) The Town Council shall utilize the following procedures for accepting complaints and conducting investigations.
(a) Complainants shall make complaints in writing utilizing the complaint form located in Appendix A.
(b) Upon accepting the complaint and conducting an investigation, the Town Council may contact the following public officials and ascertain the following information:
1. County Treasurer’s office and County Assessor’s office to ascertain the property owner’s address and parcel number for the property in question; its assessed value for both the land and buildings; acreage or lot size if known by the Treasurer or Assessor’s office and the status of taxes paid or due and owing on this property; any lien information; and a copy of the tax map for the property in question; and
2. Clerk of the County to ascertain any information about judgment liens, tax liens, mechanics liens or mortgage liens on the subject property and obtain a copy of the deed, or other document by which the owner obtained title to the property in question.
(c) The Town Council may (if deemed necessary) deliver notice to the property owner by United States mail, postage prepaid, to the property owners’ address as ascertained from the Treasurer’s office and Assessor’s office informing the property owner of the general nature of the complaint and informing the property owner that the Town Council will visit the property at a specific time and date to investigate the allegations set forth in the complaint. The notice may inform the property owner that photographs may be taken of the property in question and/or that soil samples may be taken from the property in question. However, any such entrance upon the property in question shall be made in such a manner as to cause the least possible inconvenience to the persons in possession.
(d) The Town Council shall, whenever possible, take written statements from the complaining party, the property owner, neighbors, and other interested persons and attach these statements to the investigative report.
(e) The Town Council shall prepare a written investigative report.
(f) Town Council may propose an agreement between the property owner and the Town Council whereby the property owner agrees to remedy all deficiencies to the satisfaction of the Town Council within a designated period of time. Such agreement should provide that if after the designated period of time the deficiencies are not remedied, the Town Council may proceed to issue an abatement notice and order as provided by law.
(g) The Town Council may seek any and all civil penalties as provided by I.C. 36-7-36-10 and I.C. 36-7-9.
(2011 Code, § 98.08)
(Ord. 2009-05, passed 11-2-2009; Res. 2009-06, passed 11-2-2009)