(A) A hearing shall be held relative to each order when so required by I.C. 36-7-9-7. The hearing shall be conducted by the Hearing Authority.
(B) The hearing shall be held on a business day no earlier than ten calendar days after notice of the order is given. The Hearing Authority may, however, take action at a 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 relative to the order so that it will be held on a later business day, but not more 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 hearing shall be given to the person to whom the order was issued at least five calendar days before the hearing date in the manner provided by § 151.25. If the order which is being considered at the hearing was served by publication, it shall be sufficient to give notice of the continued hearing by publication unless the Enforcement Authority has received information in writing that would enable it to make service in accordance with § 151.25 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 which are the subject of the order or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. The person shall have the opportunity 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, irrespective of whether the person to whom the order was issued does or does not appear at the hearing, make findings and take action either to:
(1) Affirm the order;
(2) Rescind the order; or
(3) Modify the order; provided, however, that unless the person to whom the order was issued, or counsel for such person is present at the hearing, the Hearing Authority shall have authority only to modify the order in such manner as to make its terms less stringent.
(E) If a person to whom an order has been issued requests at a hearing a period of time to accomplish action beyond that time stated in the order, the Hearing Authority may, as a condition for modifying the order to allow the additional time period, require that the person post a performance bond to be forfeited in the event that the ordered action is completed within the additional time period allowed.
(F) The Plan Commission shall, at a public hearing, after having given notice in a newspaper of general circulation in Porter County of the time and place of the hearing at least ten days before the date set for the hearing, adopt a schedule setting forth the 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 as a condition for modifying the order to allow additional time to complete the ordered action.
(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.
(H) No provision in this chapter shall be constructed to require affirmative action by the Enforcement Authority or the Hearing Authority to give notice of the findings made and action taken by the Hearing Authority at the hearing to the person to whom the order was issued or any other person.
(`77 Code, § 66.12) (Am. Ord. 1997-4, passed 3-17-97)