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GENERAL PROVISIONS
(A) In addition to the permit and inspection fees established by the building ordinance for the county, an applicant for a building permit shall pay a deposit of $100.
(B) The deposit paid with an application for a building permit shall be collected by the office of the Building Commissioner and shall be paid by that office to the County Auditor. The Auditor shall deposit the funds so collected in a separate fund designated as the Building Permit Deposit Fund.
(C) Upon timely completion of all inspections as required by the ordinance, including a final inspection, the Building Commissioner, when a final certificate of occupancy is issued, shall request that the Auditor refund the permit deposit. The Building Commissioner may deduct from the deposit any re-inspection fees which have been imposed under the terms of the building ordinance and shall notify the Auditor if any re-inspection fees are to be deducted. The Auditor shall issue a refund of the deposit, less any re-inspection fees, without appropriation, to the holder of the building permit.
(D) The deposit paid with a building permit application may be refunded upon application by the original applicant for the building permit, if no construction has been commenced and the applicant withdraws the application. If a final inspection has not been requested within one year after issuance or renewal of the building permit, the deposit shall be forfeited and shall be transferred by the Auditor to the County General Fund.
(Ord. 1998-11, passed 9-8-1998)
(A) I.C. 36-7-9-1 through 36-7-9-29 is hereby adopted by reference as the “Decatur County Unsafe Building Law”. All proceedings within the county for the inspection, repair and removal of unsafe buildings shall be governed by said law and the provisions of this section. In the event the provisions of this section conflict with the provisions of I.C. 36-7-9-1 through 36-7-9-29, then the provisions of the state statute shall control.
(B) This section shall apply only to those areas in the county which are located outside the boundaries of any incorporated city or town.
(C) All buildings or portions thereof within the county which are determined after inspection by the Building Commissioner to be unsafe as defined in this section are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.
(D) The County Building Commissioner shall be authorized to administer this section.
(E) A building or structure, or any part of a building or structure, that is:
(1) In an impaired structural condition that makes it unsafe to a person or property;
(2) A fire hazard;
(3) A hazard to the public health;
(4) A public nuisance;
(5) Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
(6) Vacant and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;
is considered an unsafe building. An unsafe building and the tract of real property on which the unsafe building is located are considered unsafe premises.
(F) SUBSTANTIAL PROPERTY RIGHT means any right in real property that may be affected in a substantial way by actions authorized by this section, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser. The interest reflected by a deed, lease, license, mortgage, land sale contract, or lien is not substantial property interest unless the deed, lease, license, mortgage, land sale contract, lien, or evidence of it is:
(1) Recorded in the office of the county recorder; or
(2) The subject of a written information that is received by the Building Commissioner and includes the name and address of the holder of the interest described.
(G) An unsafe building fund is hereby established in the operating budget of the County Building Commission in accordance with the provisions of I.C. 36-7-9-14.
(H) A person who:
(1) Remains in, uses or enters a building in violation of an order made under this section;
(2) Knowingly interferes with or delays the carrying out of an order made under ths section;
(3) Knowingly obstructs, damages, or interferes with persons engaged or property used in performing any work or duty under this section; or
(4) Fails to provide notices as require by I.C. 36-7-9-27 commits a class C infraction. Each day that the violation continues constitutes a separate offense.
(I) Should any section, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid for any reasons, the remainder of this section shall not be affected thereby.
(Ord. 1998-4, passed - -1998)
(A) The County Commissioners herein establish the Decatur County Technical Review Committee for the purpose of informally clarifying and assisting the review process of proposed land use projects in Decatur County by meeting with applicants pre-filing, and reviewing and advising the approval path for that proposal.
(B) The Technical Review Committee shall be comprised of representatives of the Decatur County Highway Department, Decatur County Surveyor, Decatur County Auditor, Decatur County Area Plan and Decatur County Commissioner. Depending on the scope of the project, other representatives that may be invited include: NCRS, Decatur County Board of Health, City of Greensburg, Decatur County utilities, Decatur County Attorney, Decatur County APC, and Decatur County APC Attorney.
(C) Members and stakeholders shall be advised by email, letter or phone at least two days prior to any meetings by the Decatur County Auditor's Office.
(D) The Technical Review Committee may meet weekly, but it is not required to do so if there is no agenda item. The Auditor's Office shall advise applicants, life protect status and any applicant can be on the agenda upon a two day notice. Plats and plans must be received at least two days before the Committee meets to ensure reviews and consideration.
(E) The Committee will advise all applicants informally and make every effort to assist the applicant in knowing how to move the land use project.
(F) All submitted documents will be available in the Auditor's Office during regular business hours after the review period with any noted comments or corrections. These documents shall be resubmitted along with the corrected documentation for further review.
(Ord. 150.04, passed 2-15-2016)
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