(A) Establishment. Under the provisions of I.C. 36-7-9 et seq., there is hereby established the Town of Elnora Unsafe Building Law. The provisions of I.C. 36-7-9-1 through 36-7-9-29 are hereby incorporated by reference in the Town of Elnora Unsafe Building Law. All proceedings within the town for the inspection, repair and removal of unsafe buildings shall be governed by that law, as amended
from time to time, and the provisions of this section. In the event the provisions of this section shall 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) Definitions. All definitions as stated in I.C. 36-7-9 are incorporated by reference as if set forth in full herein, including, but not necessarily limited to:
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser.
UNSAFE BUILDING. The description of an unsafe building contained in I.C. 36-7-9-4 is incorporated as follows:
(a) A building or structure, or any part of a building or structure, that is any of the following shall be considered an unsafe building:
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 or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance.
(b) The following are considered unsafe premises:
1. An unsafe building; and
2. The tract of real property on which the unsafe building is located.
(c) A tract of real property that does not contain a building or structure, not including land used for production agriculture, is also considered an unsafe premises if the tract of real property is:
1. A fire hazard;
2. A hazard to public health;
3. A public nuisance; or
4. Dangerous to a person or property because of a violation of a statute or an ordinance.
(C) Enforcing authority. The Town Council President shall be the enforcing authority herein and shall be authorized upon approval of the Town of Elnora Unsafe Building Board (TEUBB), which can be made on an annual basis, to engage the services of an engineer if required to perform the inspection on any particular building and/or premises. The Town Council President shall be authorized to administer and to proceed under the provisions of the law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified hereafter.
(D) Contents of order/notice.
(1) The Town Council President may issue an order requiring action relative to any unsafe premises, including the following, in accordance with standards established by ordinance:
(a) Vacation of a 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, fire hazardous material, or a public health hazard 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 statute, a rule adopted under I.C. 4-22-2, or an ordinance;
(f) Demolition and removal of part of an unsafe building;
(g) Demolition and removal of an unsafe building if:
1. The general condition of the building warrants removal; or
2. The building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and
(h) Requiring an unsafe building to be sealed for a period of more than 90 days pursuant to the following:
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 the building and premises.
(2) Notice of the order must be given under I.C. 36-9-7-25. 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, whether that permit is obtained before or after the order is issued.
(3) The order must contain the following:
(a) The name of the person to whom the order is issued;
(b) The legal description or address of the unsafe premises that are the subject of the order;
(c) The action that the order requires;
(d) 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;
(e) 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;
(f) If a hearing is not required, a statement that an order under divisions (3)(b), (3)(c), (3)(d), or (3)(e) 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 Town Council President before the end of the ten day period;
(g) A statement briefly indicating what action can be taken by the Town Council President if the order is not complied with;
(h) A statement indicating the obligation created by I.C. 36-7-9-27 relating to notification of subsequent interest holders and the Town Council President;
(i) The name, address, and telephone number of the Town Council President; and
(j) A statement that the TEUBB may determine the property to be abandoned as provided in I.C. 36-7-37.
(4) The order must allow sufficient time, or at least ten days, but not more than 60 days, from the time when the 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 progress be made in accomplishing the action within 30 days.
(5) 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:
(a) A complaint requesting judicial review is filed under I.C. 36-7-9-8;
(b) A contract for action required by the order is let at public bid under I.C. 36-7-9-11; and/or
(c) A civil action is filed under I.C. 36-7-9-17.
(6) If the order contains a statement under subsection (3)(g) or (3)(h) above, notice of the order shall be given to each person with a known or recorded substantial property interest.
(E) Hearing authority. The Council for the Town of Elnora shall appoint a three member board to be known as the Town of Elnora Unsafe Building Board. The TEUBB shall be the hearing authority herein. The Town Council President shall not be eligible to serve as a member of the TEUBB.
(1) Board appointments. The initial terms of the three members will be staggered with one member serving one year, one member serving two years, and one member serving three years. After the initial term, all appointments are for three years or until a replacement is appointed. All appointments serve at the pleasure of the Town of Elnora and the Town of Elnora Council. The TEUBB shall meet in January of each year to organize (or as otherwise required subsequent to the appointment of its members) and thereafter as needed based on orders issued by the Town Council President.
(2) Hearings, penalties, and judicial review.
(a) At the conclusion of any hearing at which a continuance is not granted, the TEUBB may make findings and take action to:
1. Affirm the order;
2. Rescind the order; or
3. Modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the TEUBB may modify the order in only a manner that makes its terms less stringent. All other terms and conditions of I.C. 36-7-97 apply hereto including the TEUBB's ability to impose fines of up to $5,000 for willful failure to comply with the Town Council President's order(s).
(b) Alternate penalties may apply pursuant to I.C. 36-7-9-7.5 for violations of the Town Council President's order(s) that are not subject to a hearing.
(c) Judicial review of the TEUBB's order may be had pursuant to the tenns of I.C. 36-7-9-8 by filing a complaint within ten days of the action of the TEUBB. The Daviess Superior Court is the court of judicial review for violation of this section.
(F) Emergency action. The Town Council President may take emergency action if the Town Council President finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety, or property. He or she may take that action without issuing an order or giving notice. However, this emergency action must be limited to removing any immediate danger. The enforcing authority may require that persons vacate such premises immediately. Costs of these actions shall be recoverable pursuant to I.C. 36-7-9-9.
(G) Severability.
(1) Should any section, paragraph, sentence, clause, or any other portion of this section be declared by a court of competent jurisdiction to be invalid for any reason, the remaining provision or provisions be given the effect intended by the town in adopting this section. To this end, the provisions of this section are severable.
(2) All sections of the Indiana Unsafe Building Law are incorporated herein and notice is hereby given that even if not specifically referenced herein, all conditions apply to the Town of Elnora Unsafe Building Law.
(Ord. 04-2024, passed 6-5-2024)