(A) The town hereby adopts, in its entirety, I.C. 36-7-9, known as the Indiana Unsafe Building Law, including the definition of SUBSTANTIAL PROPERTY INTEREST as defined in the Unsafe Building Law. The Planning and Zoning Department shall be responsible for the administration of this chapter and I.C. 36-7-9, adopted hereby.
(B) Following an order to abate pursuant to § 94.04, the enforcement authority may issue an order to any person with a substantial interest in the property affected requiring action relative to any unsafe premises, including:
(1) Vacating an unsafe building;
(2) Sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established and adopted by the Planning and Zoning Department;
(3) Extermination of vermin in and about the unsafe premises;
(4) Removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises;
(5) Repair or rehabilitation of an unsafe building to bring it into compliance with standards for building condition or maintenance required for human habitation, occupancy, or use by a statute, a rule adopted under I.C. 4-22-2, or an ordinance;
(6) Demolition and removal of part of an unsafe building;
(7) Demolition and removal of an unsafe building if: (a) the general condition of the building warrants removal; or (b) the building continues to require re-inspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and
(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.
(C) Maintaining an unsafe building or unsafe premises shall be deemed a public nuisance. An owner, tenant, or resident found responsible for such violation of the Unsafe Building Law shall, in addition to any and all remedies available pursuant to I.C. 36-7-9, be subject to a fine not to exceed $500, and each day of violation shall be deemed a separate offense.
(D) The enforcement authority shall be empowered to maintain an action in any court of competent jurisdiction for the abatement of the nuisance and the recovery of all costs and expenses of the town, including the following:
(1) The actual costs of the work performed by the town or work performed by a contractor;
(2) The reasonable charges for work done by town employees and utilization of town equipment for the work performed;
(3) Reasonable attorney fees; and
(4) An amount that represents a reasonable charge for the processing expenses that have been incurred by the enforcement authority in taking the technical, research, administrative and legal actions concerning typical weed and rank vegetation violations that are necessary to remove weeds and/or rank vegetation which the cost shall include, but not necessarily be limited to, the following: (a) the cost of obtaining reliable information concerning the identity and address of the owner; (b) the cost of preparing and mailing notices; (c) the salaries and fringe benefits of employees; (d) the reasonable cost of motor vehicle use necessitated in the enforcement of the ordinance for the particular property; and (e) the cost of supplies, equipment and office space.
(Ord. 2024-02, passed 1-16-2024)