(A) The Commissioners hereby designate and name the Hearing Officer as appointed by the County Plan Commission from time to time as the person to serve as the Hearing Authority for the purposes of conducting hearings in accordance with I.C. 36-7-9-7, as amended or replaced from time to time.
(B) The Hearing Authority shall meet once a month as required and shall be comprised of one Hearing Officer.
(C) The Hearing Authority shall create reasonable rules of procedure for holding a hearing as required by the State Unsafe Building Law.
(D) The Hearing Authority may allow additional time for a person to complete an action requested in the order. The Hearing Officer may require a person making a request for additional time to post a performance bond.
(E) In allowing additional time to comply with an order, the Hearing Authority may impose up to the maximum amount performance bonds for the following types of orders to comply:
Type of Order to Comply | Performance Bond Amount (Maximum) |
Demolition or repair of non-structural code violations for agricultural or residential structures to include accessory structures and buildings | $25,000 |
Demolition or repair of non-structural code violations for commercial or manufacturing structures to include accessory structures and buildings | $125,000 |
Demolition or repair of structural code violations for commercial or manufacturing structures to include accessory structures and buildings | $250,000 |
Demolition or repair of structural code violations for agricultural or residential structures to include accessory structures and buildings | $50,000 |
(F) The performance bond amounts shall be at the discretion of the Hearing Authority based upon the estimated costs to comply as determined by the Hearing Authority. Performance bonds shall be forfeited if the action required by the order is not completed within the additional time granted to comply.
(G) Notice must be served in the manner set forth in I.C. 36-7-9-25, as amended or replaced from time to time. If service is made by publication, publication must be made two times, at least one week apart.
(H) Whenever the Hearing Authority affirms or modifies an order of the County Building Commissioner, the Hearing Authority shall issue a continuous enforcement order (as defined in I.C. 36-7-9-2), authorizing the County Building Commissioner to conduct ongoing compliance or abatement activities for the same or similar violations, including the assessment of fees and costs, without the need for additional notice or hearing.
(Prior Code, § 36-7-9-1) (Ord. 84-125, passed 3-5-1984, 84 COM REC 124–128; Ord. PC 88-21, passed 5-2-1988, 88 COM REC 509–522; Ord. 89-352, passed 4-3-1989, 89 COM REC 349, 353–353; Ord. PC 89-35, passed 8-7-1989, 89 COM REC 906–907A; Ord. 90-137, passed 2-5-1990, 90 COM REC 136–142; Ord. 08-419, passed 11-3-2008; Ord. CO-2020-43, passed 12-28-2020)