(A) The Town Planning and Zoning Board shall have the exclusive jurisdiction to enforce this chapter. For purposes of this chapter, the Town Planning and Zoning Board shall be the enforcement authority.
(B) Enforcement of this statute is predicated on the following factors in whole or in part.
(1) In the town, there exists a number of unoccupied, dilapidated and deteriorated structures that are not maintained and that constitute a hazard to public health, safety and welfare.
(2) Vacant or dilapidated structures often become dilapidated because the structures are not maintained and repaired by the owners or persons in control of the structures.
(3) Vacant or dilapidated structures attract children, become harborage for vermin, serve as temporary abodes for vagrants and criminals, and are likely to be damaged by vandals or set ablaze by arsonists.
(4) Unkept grounds surrounding vacant structures invite dumping of garbage, trash and other debris.
(5) Many vacant or dilapidated structures are situated on narrow city lots and in close proximity to neighboring structures, thereby increasing the risk of conflagration and spread of insect and rodent infestation.
(6) Vacant, deteriorated structures contribute to blight, cause a decrease in property values and discourage neighbors from making improvements to properties.
(7) Structures that remain boarded up or dilapidated for an extended period of time also exert a blighting influence and contribute to the decline of the neighborhood by decreasing property values, discouraging persons from moving into the neighborhood and encouraging persons to move out of the neighborhood.
(8) Vacant or dilapidated structures often continue to deteriorate to the point that demolition of the structure is required, thereby decreasing available housing in a community and further contributing to the decline of the neighborhood.
(9) The blighting influence of vacant, deteriorated structures adversely affects the tax revenues of local government.
(10) The Town Council has determined that vacant, deteriorated structures create a serious and substantial problem in the town and are public nuisances.
(11) In recognition of the problems created in a community by vacant or dilapidated structures, the Town Council finds that vigorous and disciplined action should be taken to ensure the proper maintenance and repair of vacant or dilapidated structures.
(12) The existence of abandoned vehicles encourages blight, community deterioration, a health hazard and an attractive nuisance.
(13) The existence of unattended animals within the town not only are a health hazard, but a potential safety hazard as well.
(14) The enforcement authority is hereby empowered and authorized to proceed as follows in the enforcement of this chapter. The enforcement authority may issue an order requiring action relative to any violation of this chapter, including:
(a) Vacating of an unsafe building;
(b) Sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by ordinance;
(c) Extermination of vermin in and about the unsafe premises;
(d) Removal of trash, debris or fire hazardous material in and about the unsafe premises;
(e) 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 statue, a rule adopted under I.C. 4-22-2, or an ordinance;
(f) Removal of part of an unsafe building;
(g) Removal of an unsafe building;
(h) Requiring, for an unsafe building that will be sealed for a period of more than 90 days:
1. Sealing against intrusion by unauthorized persons and the effects of weather;
2. Exterior improvements to make the building compatible in appearance with other buildings in the area; and
3. Continuing maintenance and upkeep of building and premises.
(i) Abandoned vehicles must be removed from any property, public or private, where found;
(j) Litter, garbage, rubbish, weeds and rank vegetation must be removed from any property; and
(k) Unattended animals must be attended or seized by the town in accordance with standards established by this chapter.
(C) Notice of the order must be reasonably given. The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order supersedes any permit relating to building or land use of nearby properties. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.
(D) The order must contain:
(1) The name of the person to whom the order is issued;
(2) The legal description or address of the unsafe premises that are the subject of the order;
(3) The action that the order requires;
(4) The period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given;
(5) If a hearing is required, a statement indicating the exact time and place of the hearing, and stating that person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses and present arguments;
(6) If a hearing is not required, a statement that an order under divisions (A), (B) or (C) above becomes final ten days after notice is given, unless a hearing is requested in writing by a person holding a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises, and the request is delivered to the enforcement authority before the end of the ten-day period;
(7) A statement briefly indicating what action can be taken by the enforcement authority if the order is not complied with;
(8) A statement indicating the obligation created by § 95.17 relating to notification of subsequent interest holders and the enforcement authority; and
(9) The name, address and telephone number of the enforcement authority.
(E) The order must allow a sufficient time, of at least ten days from the time when notice of the order is given, to accomplish the required action. If the order allows more than 30 days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within 30 days.
(F) The order expires two years from the day the notice of the order is given, unless one or more of the following events occurs within that two-year period:
(1) A complaint requesting judicial review is filed under I.C. 36-7-9-8.
(2) A contract for action required by the order is let at public bid under § 95.07.
(3) A civil action is filed under § 95.12.
(Ord. 96-3, passed 2-3-1997)