(A) Orders issued requiring the following action become final ten days after notice is given unless a person holding a fee interest, life estate interest, mortgage interest, or equitable interest of a contract purchaser in the unsafe premises (“interested party”) requests in writing that a hearing be held:
(1) Sealing an unsafe building against intrusion;
(2) Extermination of vermin in and about any unsafe premises;
(3) Removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises; or
(4) Repair or rehabilitation of an unsafe building or premises to bring it into compliance with Fishers’ standards for human habitation, occupancy, or use.
(B) An interested party must submit the written request for a hearing to the City Judge within ten days after notice is given. The written request shall be sent to the City of Fishers, Attn: Fishers City Judge, 1 Municipal Drive, Fishers Indiana 46038. The City Judge shall hold a hearing within ten days of receiving the written request.
(C) Further, the City Judge shall hold a hearing not sooner than ten days after notice is given if an order is issued requiring any of the following actions:
(1) Vacating of an unsafe building;
(2) Demolition and removal of part of an unsafe building or structure; or
(3) Demolition and removal of an unsafe building or structure, if the general condition of building or structure warrants removal.
(D) The person to whom an order was issued, any person having a substantial property interest in the unsafe building structure or premises or any other interested party may appear in person or by counsel at a hearing and present evidence, cross-examine opposing witnesses, and present arguments. At the conclusion of any hearing, the City Judge shall make findings and take action to:
(1) Affirm the order;
(2) Rescind the order; or
(3) Modify the order.
Unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the City Judge may not modify the order in a manner that makes it more stringent.
(Ord. 3-17-80, passed 5-5-80; Am. Ord. 051591, passed 5-15-91; Am. Ord. 062011A, passed 8-15-11; Am. Ord. 022012, passed 2-20-12; Am. Ord. 091514A, passed 11-17-14)