(A) The Town of Edinburgh Building Commissioner may declare a property identified by a law enforcement agency as having been used for the illegal manufacture of an illegal drug and for which a report has been issued pursuant to IC 5-2-15-3 to be a dwelling unfit for human habitation pursuant to IC 16-41-20-1. However, the dwelling is not unfit for habitation if the law enforcement agency that identified the property as having been used for the illegal manufacture of an illegal drug determines that:
(1) The process used to manufacture the illegal drug has not been started;
(2) All chemicals to be used in the illegal manufacture of the illegal drug have been removed; and
(3) No contamination related to the illegal manufacture of an illegal drug is present.
(B) Whenever the Town Building Commissioner determines that a dwelling is unfit for human habitation, the Building Commissioner may issue an order requiring all persons living in the dwelling to vacate the dwelling within not less than five days and not more than 15 days (“vacate order”).
(C) The vacate order must set forth:
(1) The name of the person to whom the order is issued;
(2) The legal description or address of the uninhabitable premises that is the subject of the order;
(3) That the dwelling is unfit for human habitation;
(4) That there exists on the premises an unsanitary condition that is likely to cause sickness among occupants of the dwelling;
(5) That the dwelling is contaminated property that was used for the illegal manufacture of a controlled substance;
(6) Order the dwelling to be vacated until the owner has complied with the requirements of 318 IAC Art. 1; and
(7) The name, address and telephone number of the Building Commissioner.
(Ord. 2013-7, passed 10-28-13)
____________________
Statutory reference:
Cleanup required, see 318 IAC 1-3-2
Orders to vacate dwellings; authority, see IC 16-41-20-4
Orders for cleaning, repairing, or improving, see IC 16-41-20-7