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§ 151.25 SERVICE OF ORDERS AND STATEMENTS.
   (A)   Notice of orders (including orders which have the effect of modifying a previous order), notice of statement of rescission, notice of a statement that public bids are to be let and notice of claims for payment shall be given to all persons to whom directed by the following manner of service, any of which may be used:
      (1)   Sending a copy of the order or statement by registered mail or certified mail to the residence or place of business or employment of the person to be notified with return receipt requested;
      (2)   Delivering a copy of the order or statement personally to the person to be notified; or
      (3)   Leaving a copy of the order or statement at the dwelling house or usual place of abode of the person to be notified.
   (B)   In the event service is not obtainable by means described above after reasonable effort, service may be made by publishing a notice of the order for statement at least two times in a newspaper authorized by law to publish notices, which is published in Porter County, Indiana. Publication may be made on consecutive days.
   (C)   When service is made by any of the means described in this section, except by mailing or by publication, the person making service shall make an affidavit stating that he or she has made the service, the manner in which made, to whom the order or statement was issued, the nature of the order or statement and the date of service. The affidavit shall be placed on file with the Plan Commission.
   (D)   The time when notice of the order or statement is deemed given is as follows:
      (1)   In case of personal delivery or leaving at the dwelling house or usual place of abode, the day when the order or statement is delivered to the person or left at his or her dwelling house or usual place of abode;
      (2)   In case of mailing, the date shown on the return receipt, or if no date is shown, the date when the return receipt is received by the Enforcement Authority;
      (3)   In the case of publication, the date of the second day that publication was made.
   (E)   Notice of orders (including orders which have the effect of modifying a previous order), notice of statements of rescission, notice of continued hearing(s) and notice of a statement that public bids are to be let is not required to be given to a person holding a property interest in an unsafe premises if all of the following conditions exist:
      (1)   An instrument reflecting the property interest held by the person is not recorded in the Recorder’s Office in Porter County, Indiana where the unsafe premises is located;
      (2)   The order or statement was recorded in accordance with the provisions of § 151.28;
      (3)   The Plan Commission has neither received the written information, nor has actual notice of the identity of the person who holds a property interest in the unsafe premises;
      (4)   A person who fails to record an instrument reflecting an interest in his or her unsafe premises is deemed to consent to action taken under this chapter relative to which notice would otherwise be given.
(`77 Code, § 66.11) (Am. Ord. 1997-4, passed 3-17-97)
§ 151.26 HEARINGS; NOTICES AND PROCEDURES.
   (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)
§ 151.27 JUDICIAL REVIEW.
   (A)   An action taken to affirm, rescind or modify an order in accordance with §§ 151.26 and 151.30 shall be subject to review by the Porter Circuit or Superior Court.
   (B)   The review shall be initiated by a verified complaint which shall include the findings of fact and the action taken by the Hearing Authority. The complaint must be filed within a period of ten calendar days after the date when such action was taken by the Hearing Authority.
   (C)   The following persons shall have the right to request a judicial review:
      (1)   Any person who has a substantial property interest in the unsafe premises which were the subject of the order reviewed by the Hearing Authority; or
      (2)   Any person to whom the order was issued that was reviewed by the Hearing Authority.
   (D)   The appeal shall be an action de novo. The court may affirm, modify or reverse the action by the Hearing Authority.
(`77 Code, § 66.13) (Am. Ord. 1997-4, passed 3-17-97)
§ 151.28 RECORDING OF ORDERS, STATEMENTS AND RECORDS AND CONSEQUENCES THEREOF.
   (A)   Orders issued in accordance with §§ 151.20 and 151.23, statements of rescission issued in accordance with § 151.24, statements that public bids are to be let as provided in § 151.31 and records of action taken by the Hearing Authority in accordance with § 151.26 shall be recorded in the office of the Porter County Recorder’s Office by the Enforcement Authority or his or her designee.
   (B)   Any person who takes an interest in the unsafe premises which are the subject of an order shall, irrespective of whether or not a hearing has been held, take the interest subject to the terms of the order and specifically in such a manner that all of the requirements of § 151.42 relating to issuance of orders are deemed satisfied. In the instance, however, where an interest is taken in the unsafe premises relative to which a hearing has been held, such person shall take the interest subject to the terms of the order as modified at the hearing and specifically in such manner that all of the requirements of § 151.31 relating to the issuance of orders, service of orders and modifications of orders at the hearing are deemed satisfied and all of the requirements of § 151.42 relating to the issuance of orders and modifications of orders at the hearing are considered satisfied.
   (C)   A person who takes an interest in unsafe premises which are the subject of a statement that public bids are to be let shall take the interest subject to the terms of such statement and, specifically, in such a manner that notice of such statement required by § 151.31 is considered given to such person.
(`77 Code, § 66.14) (Am. Ord. 1997-4, passed 3-17-97)
§ 151.29 DUTIES OF TRANSFEROR OF UNSAFE BUILDINGS.
   (A)   Information is to be supplied on transfer or disposal of unsafe buildings.
   (B)   Any person who has been issued and received notice of an order relative to the unsafe premises shall, if the order has not been complied with:
      (1)   Supply full information regarding the order to any person who may take or agree to take a substantial property interest in the unsafe premises. This information shall be supplied prior to the time when there is any transfer or agreement;
      (2)   Supply the following information to the Enforcement Authority in writing within five calendar days after there is any transfer or agreement to transfer a substantial property interest in the unsafe building:
         (a)   The full name, address and telephone number of person taking a substantial property interest in the unsafe premises;
         (b)   A true and accurate copy of the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.
(`77 Code, § 66.15) (Am. Ord. 1997-4, passed 3-17-97)
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