(A) The Enforcement Authority may issue an order requiring action relative to any vacant premises deemed unsafe:
(1) Sealing against intrusion by unauthorized persons;
(2) Extermination of vermin in and about the premises;
(3) Removal of trash, debris or fire-hazardous material in and about the unsafe premises;
(4) Repair or rehabilitation to bring the building into compliance with any ordinance, code or statute or for human habitation, occupancy or use;
(5) Removal of part of a building; and
(6) Removal of a building.
(B) For any action other than that described in division (A)(1), (A)(2) or (A)(3) above, a hearing shall be held pursuant to I.C. 36-7-9-7.
(C) An order issued by the Enforcement Authority will contain the following information:
(1) The name of the person to whom the order is issued (which person shall be a person having a “substantial property interest” in the premises, the definition of which is found in I.C. 36-7-9 and which is hereby incorporated by reference;
(2) The legal description or address of the unsafe premises that is 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 (which is to be measured from the date the notice is given);
(5) If a hearing is required, a statement indicating the exact time and place of the hearing and stating that the person to whom the order was issued is entitled to appear with or without legal counsel, present evidence, cross-examine opposing witnesses and present arguments;
(6) If a hearing is not required, a statement that the order becomes final ten days after notice is given unless a hearing is requested in writing by a person with a “substantial property interest;”
(7) The following statement:
A person who has been issued and has received notice of an order relative to unsafe and abandoned premises and has not complied with said order: (1) Must supply full information regarding the order to a person who takes or agrees to take a substantial interest in the premises before transferring or agreeing to transfer that interest; and (2) Must, within five days after transferring or agreeing to transfer a substantial property interest in the premises, supply the Town of Farmland with written copies of the full name, address and telephone number of the person taking a substantial property interest in the premises and the legal instrument under which the transfer or agreement to transfer the interest is accomplished. If a judgment is obtained against the Town of Farmland or other governmental entity for the failure to provide notice of its actions, a person who failed to comply with obligation is liable to the Town of Farmland of the amount of the judgment. |
(8) The name, address and telephone number of the Enforcement Authority.
(D) The order must allow at least ten days from the time when notice of the order is given to accomplish the required action. The order may be enforced for up to two years from the day the notice is given.
(Ord. 1986-3, passed 4-7-1986; Ord. 2008-02, passed 3-3-2008)