(A)
The Town Council elects to establish a hearing authority for the enforcement of applicable unsafe building violations and public nuisances. Such hearing authority will consist of the Town Council, with support from any other necessary town staff members. This hearing authority may be commonly referred to as the hearing officer.
(B) Administrative procedures.
(1) The Town Council hereby designates authority to the enforcement authority, who shall be the party responsible for the administration of the Unsafe Building Law, in accordance with I.C. 36-7-9-1 through I.C. 36-7-9-23.
(2) The Town Council hereby designates the hearing authority, in conjunction with relevant staff members and town department heads, with authority to establish additional administrative procedures as it deems necessary for the administration of the Unsafe Building Law, in accordance with I.C. 36-7-9-1 through I.C. 36-7-9-23, including but not limited to the following items.
(a) Time and frequency of hearings;
(b) Type and severity of cases which are heard by the hearing officer;
(c) Documentation procedures needed for each case presented to the hearing officer; and
(d) Other administrative elements needed for the day-to-day operation of the hearing authority.
(3) The hearing authority will abide by the rules, laws, and regulations required under I.C. 36-7-9-1 through I.C. 36-7-9-29, as appropriate and applicable, including, but not limited to:
(a) Type of orders issued;
(b) Requirements for all orders;
(c) Enforcement of orders; and
(d) Notice and advertising requirements for hearings.
(C) As provided by I.C. 36-7-9-14 of the Unsafe Building Law, a fund designated as the “Unsafe Building Fund” shall be established in the operating budget of the Planning and Zoning Department. Any balance remaining at the end of the fiscal year shall be carried over in the fund for the following year and shall not revert to the General Fund. Monies for such fund may be received from any source including appropriations by local, state, or federal governments, and donations.
(D) An ordinance citation may be issued with respect to any existing building or structure which is in violation of the provisions of this chapter, or which is in violation of the Unsafe Building Law, I.C. 36-7-9-1 through 36-7-9-28, as it may be amended from time to time. Such a citation shall be issued to any person with a substantial interest in the property affected. Each day after the expiration date of the time limit ordered for abatement of a nuisance condition under this section shall constitute a distinct and separate offense.
(Ord. 2024-02, passed 1-16-2024)