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(A) Right of appeal. The final decision rendered by the Board of Commissioners is subject to review by the Greene Circuit or Superior Court upon the request of any person who has a substantial property interest in the unsafe premises or any person to whom that order was issued.
(B) Appeal procedure. A person requesting judicial review under this section must file a verified complaint including the findings of fact and the action taken by the Board of Commissioners. The complaint must be filed within ten days after the date when the action was taken. An appeal under this section in an action de novo. The court may affirm, modify or reverse the action taken by the hearing authority.
(Ord. 2013-5, passed 5-7-2013)
It being the intention of this chapter to promote the abatement of nuisances within the unincorporated areas of the county in those instances where the nuisance is abated to the satisfaction of the Enforcement Authority as required by the Board of Commissioners after hearing, and within the time periods set forth in the Board of Commissioners’ decision, no further fines or penalties will be imposed. The Enforcement Authority shall make written notation of the compliance and the enforcement file shall be closed.
(Ord. 2013-5, passed 5-7-2013)
Failure, neglect or refusal by the person, corporation, partnership, sole proprietorship, other legal entity or the record owner or his or her agent, or the tenant or occupant, to comply with the orders set out in the abatement notice within the time periods set out therein, or within any extended time periods agreed to by the Enforcement Authority, shall constitute a violation of this chapter and shall render the party upon whom the abatement notice was served liable to a fine as set forth in § 94.10. Each day’s failure, neglect or refusal to abate the nuisance during the time period allowed for compliance shall constitute a separate offense under this chapter. The record owner of the premises upon which the nuisance is found to exist, and the tenant or occupant, may be held jointly and several liable for the payment of fines assessed under this chapter.
(Ord. 2013-5, passed 5-7-2013)
(A) Abatement action. In addition to the fines imposed under this section, in non-emergency situations where abatement is not accomplished immediately by the county, failure, neglect or refusal of any party to abate a nuisance required by the abatement notice shall authorize the Enforcement Authority to obtain the permission of the Board of Commissioners to abate the nuisance as set out in the abatement notice. Where such permission is sought, the Enforcement Authority shall file a copy of the abatement notice with the County Recorder, to give constructive notice to subsequent purchasers of the real estate is subject to the costs associated with the abatement, if applicable. Work may be accomplished by county employees if the work is within their capacity to accomplish. The work may be advertised for public bid and awarded to the lowest responsible and responsive bidder, or the county may contract for the work through solicitation of quotes or any other methods allowable under state law. Upon completion of the abatement, a statement of costs incurred for the abatement shall be forwarded to the person, corporation, partnership, sole proprietorship, other legal entity or to the record owner by certified mail.
(B) Civil actions. Should such costs remain unpaid ten calendar days after receipt by the record owner, tenant or occupant, or upon return of the certified mail as undeliverable, appropriate legal action may be taken to compel payment of abatement costs incurred. Any judgment for abatement costs obtained shall be filed as a judgment lien against the real estate upon which the nuisance was abated.
(C) Injunctive relief/civil remedies. In the alternative, where there has been noncompliance with the abatement notice, the county may seek equitable relief in a court of competent jurisdiction to compel compliance with the orders set out in the abatement notice. The court may issue such orders as provided in I.C. 36-7-9-17 through 36-7-9-22.
(D) Special assessment. If all or any part of the costs listed in this section remain unpaid for more than 15 days after completion of the work, the Enforcement Authority may send notice as provided in § 94.04(E) to each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser property the was subject to abatement. If the notice is sent, the Enforcement Authority shall also send notice to any mortgagee with a known or recorded substantial property interest. The notice must require full payment of the amount owed within 30 days. If full payment of the amount owed is not made less than 30 days after the notice is delivered, the Enforcement Authority may certify the following information to the County Auditor: the name of each person who held a known or recorded fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises; the description of the unsafe premises, as shown by the records of the County Auditor; and the amount of the delinquent payment, including all costs described in section § 94.99(B). The County Auditor shall place the total amount certified on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest, shall be collected as delinquent taxes are collected. The amount collected after all other taxes have been collected and disbursed, shall be deposited into the county general fund.
(Ord. 2013-5, passed 5-7-2013)
(A) Fines. In addition to any costs incurred for abatement under this chapter, any person, corporation, partnership, sole proprietorship, other legal entity or owner, occupant or tenant of the real estate who is found to have violated this chapter, or willfully or negligently failed to comply with any provision of this chapter or with any orders issued hereunder, shall be fined not less than $100 and not more than $1,000 for each offense. Each day a violation shall occur or continue shall be deemed a separate and distinct offense.
(B) Liability for abatement costs. When action required by an order is performed by the Enforcement Authority or by a contractor acting under § 94.10(A), each person who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises from the time when the order requiring the work performed was issued to the time that the work was completed is jointly and severally responsible for the following costs: the actual cost of the work performed by the Enforcement Authority or the bid price of work accomplished by the contractor under § 94.10(A); and an amount that represents a reasonable forecast of the average processing expense that will be incurred by the Enforcement Authority in taking the technical, administrative and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor under § 94.10(A).
(C) Calculation of abatement costs. In calculating the amount of the average processing expense, the following costs may be considered: the cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises; the cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record, in accordance with § 94.10(A); salaries for employees; and the cost of supplies, equipment and office space. The Board of Commissioners shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action. In determining the average processing expense, the Board of Commissioners may fix the amount at a full dollar amount that is an even multiple of ten.
(D) Attorney fees and costs of enforcement. In addition to any costs for abatement and fines incurred for violation of this chapter, any person, corporation, partnership, sole proprietorship, other legal entity or owner, occupant or tenant of the real estate is found to have violated this chapter, shall be liable for all reasonable attorney fees, costs and expenses incurred by the county in obtaining its enforcement.
(E) Issuance of citations. Citations for violations of this chapter may be issued by the Enforcement Authority or by the County Sheriff. Enforcement shall be in effect by the filing of a civil suit seeking judgment in the amount of the fine imposed, costs of abatement, attorney fees and expenses, plus court costs.
(Ord. 2013-5, passed 5-7-2013)