(A) (1) A hearing must be held relative to each order of the enforcement authority, except for an order issued under § 152.15(A)(2), (A)(3), or (A)(4).
(2) An order issued under § 152.15(A)(2), (A)(3), or (A)(4) becomes final ten days after notice is given, unless a hearing is requested before the ten-day period ends by a person holding a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.
(3) The hearing shall be conducted by the hearing authority.
(B) The hearing shall be held on a business day no earlier than ten days after notice of the order is given. The hearing authority may, however, take action at the hearing, or before the hearing if a written request is received by the enforcement authority not later than five days after notice is given, to continue the hearing to a business day not later than 14 days after the hearing date shown on the order. Unless the hearing authority takes action to have the continued hearing held on a definite, specified date, notice of the continued hearing must be given to the person to whom the order was issued at least five days before the continued hearing date, in the manner prescribed by § 152.52. If the order being considered at the continued hearing was served by publication, it is sufficient to give notice of the continued hearing by publication unless the enforcement authority has received information in writing that enables it to make service under § 152.52 by a method other than publication.
(C) The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that is subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.
(D) At the conclusion of any hearing at which a continuance is not granted, the hearing authority 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 hearing authority may modify the order in only a manner that makes its terms less stringent.
(E) If, at a hearing, a person to whom an order has been issued requests an additional period to accomplish action required by the order, and shows good cause for the request to be granted, the hearing authority may grant the request. However, as a condition for allowing the additional period, the hearing authority may require that the person post a performance bond, to be forfeited if the action required by the order is not completed within the additional period.
(F) The Town Council shall, at a public hearing, after having given notice of the time and place of the hearing by publication in accordance with I.C. 5-3-1, and successor statutes as they may be enacted, adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of ordered action. The hearing authority shall use this schedule to fix the amount of the performance bond required under division (E) above.
(G) The record of the findings made and action taken by the hearing authority at the hearing shall be available to the public upon request. However, neither the enforcement authority nor the hearing authority is required to give any person notice of the findings and action.
(H) A civil penalty under division (D) above may be collected in the same manner as costs under § 152.36. The amount of the civil penalty that is collected shall be deposited in the Unsafe Building Fund.
(2005 Code, § 152.17) (Ord. G-04-24, passed 8-19-2004) Penalty, see § 152.99