(A) Authority. The designated Administrator has the principal responsibility for enforcing this chapter.
(B) Responsibility for compliance. The owner and occupier of all land, structures, buildings, businesses, and residences shall be responsible and liable for compliance with all applicable provisions of this chapter.
(C) Complaints regarding violations. Any person may file a complaint whenever a violation of this chapter occurs or is alleged to have occurred. Such complaint shall be filed in writing with the Administrator and shall state fully the causes and basis of the complaint.
(D) Investigation of violations. The Administrator shall, on receipt of information of the violation of this chapter, make an investigation of the alleged violation. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the Administrator may file a complaint against the person and prosecute the alleged violation.
(E) Right of entry. The Administrator or his or her authorized representatives may make inspections of all buildings, structures, and premises located within the jurisdiction of this chapter to determine their compliance with the provisions of this chapter. Such inspections shall be made between the hours of 8:00 a.m. and 8:00 p.m. on any day except Sundays or holidays. All inspections shall be subject to the following standards and conditions.
(1) An inspection may only take place if a complaint has been received by the Administrator pursuant to this section, and such complaint, in the opinion of the Administrator, provides reasonable grounds for the belief that a violation exists, or an inspection may be undertaken as part of a regular inspection program whereby certain areas of the town are being inspected in their entirety under the direction of the Administrator.
(2) The Administrator or his or her authorized representative shall furnish to the owner, tenant, or occupant of the building, structure, or premises sought to be inspected, sufficient identification and information to enable the owner, tenant, or occupant to determine the purpose of the inspection and that the person is a representative of the town.
(3) The Administrator or his or her authorized agent may apply to any court of law for a search warrant or other legal process for the purpose of securing entry to any premises into which the owner, tenant, or occupant shall refuse to grant entry.
(F) Procedures upon discovery of violations.
(1) If the Administrator finds that any provision of this chapter is being violated and that action is warranted, he or she shall provide written notice to the persons responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it.
(2) In cases where delay would seriously threaten the effective enforcement of this chapter or pose a danger to the public health, safety, or welfare, the Administrator may seek enforcement without prior written notice by invoking any penalties or remedies authorized under this section.
(3) (a) Pursuant to I.C. 36-1-6-2, as amended, when a condition exists on real property in violation of this chapter, the Administrator or his or her authorized representative may enter onto the subject property and take the appropriate action to bring the property into compliance.
(b) However, before such compliance action shall be taken, the Administrator shall provide notice to all persons holding a substantial interest in the property of his or her intentions and provide such persons reasonable time to bring the subject property into compliance (see I.C. 36-1-6-2).
(c) If the Administrator is required to take appropriate action under this section, the town’s expenses involved in such action shall be made to become a lien against the subject property.
(Ord. 2014-26, passed 9- -2014) Penalty, see § 156.999