(A) Enforcement. Whenever, upon inspection of any residential property, the Code Official finds that conditions or practices exist which are in violation of any provision of this chapter, or the Unsafe Building Law, IC 36-7-9-1 through IC 36-7-9-29, the Code Official shall give written notice in accordance with the provisions of this chapter. Unless such conditions or practices are corrected within a reasonable period, to be determined by the Enforcement Authority, the owner or person responsible for such property shall be subject to the graduated penalty scale as outlined in the standard operating procedures of the Enforcement Authority and as determined by the Safe Housing and Building Oversight Committee. ('74 Code, § 14.7-31(a))
(B) Notice of violation.
(1) Notice of violation concerning minimum housing standards. If the Code Official finds that a violation of any portion of this chapter exists on the property or premises, with the exception of any violation falling under the realm of public health and safety, the Official shall issue a written notice of violation to the property owner or person responsible for such property establishing 60 days to correct the violations. Subsequent to the notice of violation, the property owner or person responsible for such property and the Enforcement Authority may enter into a work plan for the abatement of the violations. The work plan shall set a date by which the required work shall be completed. The date established in the work plan may extend beyond the 60 days established in the notice of violation. The Enforcement Authority may modify or rescind a work plan as warranted by the status of the violations and the work to correct same.
(2) Notice of violation concerning health and safety. If the Code Official finds that a violation(s) pertaining to garbage, infestation, refuse, evidence of a clandestine laboratory, existing fire hazard, occupant and/or tenant safety, and/or trash and debris as defined within this chapter, or any condition deemed unsanitary, exists on the property or premises, the Official shall issue a written notice of violation to the property owner or person responsible for such property establishing no less than ten days but not to exceed 20 days to correct the violation(s). Unless such condition(s) are corrected within the time frame determined by the Enforcement Authority, the owner or person responsible for such property shall be subject to the graduated penalty scale subsequent to an administrative hearing as outlined in the Standard Operating Procedures of the Enforcement Authority and as determined by the Safe Housing and Building Oversight Committee.
(C) Order to repair. The Code Official shall reinspect the property upon expiration of the time period given in the notice of violation, or upon expiration of the time given by the Enforcement Authority. If any or all of the previously existing violations listed in the notice of violation remain, the Code Official shall issue an order requiring action pursuant to IC 36-7-9-5.
(D) Order for abatement. The Code Official shall re-inspect the property upon the expiration of the time period given in the initial order. If the same violation or violations of the Order exists, the Enforcement Authority may cause work to be performed by others to address such violations pursuant to IC 36-7-9-10 and IC 36-7-9-11.
(E) Injunction recommendation.
(1) After three instances during any 12-month period from the date the first notice of violation was given, where NCC has given notice of a violation and opportunity to cure for a violation of this Chapter 152, whether the repeated violation is/was cured, or after three instances, during any six month time frame from the date the first notice of violation was given where NCC has given notice of a violation and opportunity to cure regarding different violations, whether the violations are/were cured, the city shall be entitled to injunctive relief and the Deputy Director of Neighborhood Code Compliance or designee shall submit a formal, written recommendation to the City Law Office to begin the process of obtaining a permanent injunction, through the appropriate court, against the property owners, enjoining any and all actions or conditions which constitute any of the violations for which notices were given in the time frames specified. The District City Council representative and City Council Office shall be provided with a copy of the written injunction recommendation.
(2) The City Law Office shall make the determination, in writing, of whether to pursue a permanent injunction, and shall provide reasoning for that determination in writing to the Deputy Director of Neighborhood Code Compliance or designee, with a copy to the District City Council person and the Council Office.
(3) The steps identified in divisions (1) and (2) above shall be repeated each time the threshold for verified violations is met.
(F) Manner of serving notice.
(1) A notice of violation issued pursuant to § 152.12(B) shall be served in accordance with IC 36-7-9-25.
(2) Notice of an order issued under § 152.12(D) shall be served as provided in IC 36-7-9-25.
(G) Emergencies. The Enforcement Authority may take emergency action with respect to unsafe premises to protect life, safety or property pursuant to IC 36-7-9-9. Such emergency action may be taken without issuing a notice of violation under § 152.12
(B) or issuing an order under § 152.12
(D), but shall be limited to the action necessary to abate any immediate danger. (‘74 Code, § 14.7-30)
(H) Civil remedies. The Enforcement Authority may bring a civil action for a violation of this chapter and/or Unsafe Building Law in the Allen County Circuit or Superior Court pursuant to IC 36-7-9-17, and seek the remedies authorized by IC 36-7-9-18 through 36-7-9-22, or pursuant to IC 36-1-6-4. The civil remedies provided for include injunctive relief, monetary civil penalties, posting of a performance bond, appointment of a receiver, authorizing of work to be performed by others, and cause action to be taken in the case of emergencies. Any civil penalty imposed by the Circuit or Superior Court under IC 36-7-9-19 may be certified to the County Auditor and become a special assessment as provided under IC 36-7-9-13.5.
(I) Deposit in Unsafe Building Fund. Monetary civil penalties collected pursuant to this chapter shall be deposited in the Unsafe Building Fund and may be used according to IC 36-7-9-14(c). (‘74 Code, § 14.7-8)
(J) Natural disaster. Structures damaged as a result of fire, flood, storm, tornado, or other natural disasters, and verified by the Enforcement Authority, may be excluded from the enforcement provisions of this chapter for six months following the date of the damage. Subsequently, said properties shall be fully subject to the provisions of this chapter.
(K) Order to vacate; time allowed to vacate.
(1) Buildings unsafe for human occupancy.
(a) Whenever a building, dwelling, dwelling unit, rooming house or rooming unit is declared by the Enforcement Authority as unsafe or unfit for human occupancy, the Enforcement Authority may post an order to vacate placard requiring such building to be vacated and to remain vacated. Such placard shall be authorized by the Enforcement Authority. It shall contain the address and phone number of the department and the date by which the occupant shall vacate the building, dwelling or dwelling unit or portion thereof. The Enforcement Authority may issue an order to vacate pursuant to IC 36-7-9-5 or 36-7-9-17 if the owner or occupant fails to vacate the unsafe premises. (‘74 Code, § 14.7-23)
(b) Conditions include:
1. Damage, decay, dilapidation, abandonment, unsanitary conditions or vermin or rodent infestation which constitute a hazard to the health or safety of occupants or the public;
2. The lack of required sanitation, illumination, ventilation, heating, electrical, plumbing or other facilities and systems adequate to protect the health and safety as to create a hazard to the occupants or the public;
3. Conditions or defects described in IC 36-7-9-4; (‘74 Code, § 14.7-22)
4. Any building, dwelling or dwelling unit condemned as unfit for human occupancy and so designated and placarded by the Enforcement Authority, shall be vacated as ordered by the Enforcement Authority pursuant to IC 36-7-9-5 and IC 36-7-9-9. (‘74 Code, § 14.7-22-24)
(2) Tampering with placard. It shall be unlawful for any person to deface, remove or alter any notice or placard from any structure or dwelling which has been placarded under this chapter except by the express written permission of the Enforcement Authority. (‘74 Code, § 14.7-25)
(3) Approval required for re-occupancy. No building or dwelling unit which has been placarded as unfit for human occupancy shall again be used for human occupancy until written approval is secured from, and such placard is removed by, the Enforcement Authority. The Enforcement Authority shall remove such placard whenever the defect(s) upon which the condemnation and placard action were based have been corrected. (‘74 Code, § 14.7-26)
(4) Penalties. Any violation of IC 36-7-9-28 or any provision of this chapter for which another penalty is not provided, shall, upon conviction by the court, be imposed by a penalty not to exceed $2,500 per violation. Each and every day on which the condition exists shall constitute a separate and distinct violation. All penalties and costs recovered by the city pursuant to this chapter shall be placed in the Unsafe Building Fund. (‘74 Code, § 14.7-32)
(L) Access to premises in violation of this chapter. If the Enforcement Authority has issued an Order to Vacate an unsafe building, the owner or person in possession of same may only enter such building upon signing an affidavit of acknowledgment to the Enforcement Authority establishing the limited purposes and time for such entry. Any unauthorized entry or use of premises or structures subject to an order issued by the Enforcement Authority is subject to the sanctions specified in IC 36-7-9-28.
(M) Affirmative defense. It shall be an affirmative defense to a notice and/or order issued pursuant to § 152.12 if an owner can show, by clear and convincing evidence, that said owner could not legally enter the premises in order to correct the violation at the time the notice and/or order was issued.
(Ord. G-31-85, passed 12-23-85; Am. Ord. G-31-89, passed 12-26-89; Am. Ord. G-25-99, passed 12-14-99; Am. Ord. G-26-00, passed 10-10-00; Am. Ord. G-22-03, passed 6-24-03; Am. Ord. G-03-09, passed 2-24-09; Am. Ord. G-9-17, passed 4-25-17; Am. Ord. G-27-23, passed 12-12-23)