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§ 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)
§ 151.30 EMERGENCY ACTION.
   (A)   If in any instance the Enforcement Authority shall find that it is necessary to take emergency action with reference to unsafe premises in order to protect life, safety or property, the Enforcement Authority may cause action as is necessary to protect life, safety or property to be performed without issuing an order or giving notice.
   (B)   The emergency action shall be limited to removing any immediate danger. The cost incurred by the Enforcement Authority in taking or having such action taken may be recovered against the persons who have a fee interest or life estate interest in the unsafe premises by filing of a civil action in the Porter County Circuit or Superior Court by the Enforcement Authority. Cost of such action shall not be borne by either the Enforcement Authority or any other department of the Town of Kouts, State of Indiana.
(`77 Code, § 66.16) (Am. Ord. 1997-4, passed 3-17-97)
§ 151.31 REPAIRS, PUBLIC BIDS FOR WORK PURSUANT TO ORDER.
   (A)   The Enforcement Authority may cause the action required by an order to be performed by a contractor if the following has occurred:
      (1)   An order has been issued to each person having a substantial property interest in the unsafe premises;
      (2)   Service of an order in the manner provided by § 151.25 has been made on each person having a substantial property interest in the unsafe premises which are the subject of the order;
      (3)   Each of the orders has been affirmed or modified at a hearing in such manner that all persons having a substantial property interest in the unsafe premises which are the subject of each of the orders are currently subject to an order requiring the accomplishment of substantially identical actions;
      (4)   The order affirmed or modified at the hearing has not been complied with, or having once been complied with, is not being complied with; and
      (5)   The order is not being reviewed in accordance with § 151.27.
   (B)   (1)   This work may be performed in the following manner:
         (a)   If the cost is estimated to be less than $5,000, the Enforcement Authority acting in conjunction with the Town Engineer as its agent or any other governmental agency may perform the work by means of employees of the town or its designees and equipment owned and leased by it. Notice that this work is to be performed shall be given to all persons with a substantial interest in the manner provided in divisions (C) and (D) of this section. This notice shall be given at least ten days before the date of performance of the work. This notice shall include a statement that an amount representing a reasonable estimate of the cost incurred in processing the matter and performing the work may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest or equitable interest as a contract purchaser in the unsafe premises.
         (b)   If the estimated cost of this work is $5,000 or more, this work shall be let out at public bid to a contractor licensed and qualified under law. The obligation to pay costs imposed by § 151.31 is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted shall not eliminate or diminish this obligation;
      (2)   Bids may be solicited and accepted for work on more than one property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The portion of the bid amount attributable to each of the unsafe premises shall constitute the basis for calculating the portion of the cost defined under § 151.31.
   (C)   All persons with a substantial property interest in the unsafe premises shall be notified about the public bid in accordance with § 151.25 by means of written statement which shall include the following information:
      (1)   The name of the person to whom the order was issued;
      (2)   A legal description or address of the unsafe premises that are the subject of the order;
      (3)   A statement that a contract is to be let at public bid to a qualified, registered and licensed contractor to accomplish work to comply with the order;
      (4)   A description of work to be accomplished;
      (5)   A statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the Enforcement Authority in processing the matter of unsafe premises may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises;
      (6)   The date and time of the bid opening;
      (7)   The place of the bid opening; and
      (8)   The name, address and telephone number of the Enforcement Authority.
   (D)   If service of the notice of statement that public bids are to be let is by publication, the publication shall include the information provided for in division (C), except that it need only include a general description of the work to be accomplished. The publication also shall include a statement that a copy of the statement of public bid may be obtained from the Enforcement Authority.
   (E)   Notice of statement that public bids are to be let shall be given to all persons having a substantial property interest in the property at least ten calendar days before the date of the public bid.
   (F)   Persons having a substantial property interest in the unsafe premises which are the subject of a statement that public bids are to be let may, as their interest allows, within a period of five calendar days after they have received notice of such statement, elect by sending a statement in writing to the Enforcement Authority to retain any or all of the materials resulting or salvaged from such work. In the absence of such statement, the Enforcement Authority may decide the method of disposal of such materials.
   (G)   If action in accordance with this section is being taken on the basis of an order which is being served by publication, it shall be sufficient to serve the statement that the Enforcement Authority acting in conjunction with whoever intends to perform the work or that public bids are to be let by publication unless the Plan Commission has received information in writing that would enable it to make service in accordance with § 151.25 by a method other than publication.
(`77 Code, § 66.18) (Am. Ord. 1997-4, passed 3-17-97)
§ 151.32 LIABILITY FOR COSTS OF WORK PURSUANT TO ORDER.
   (A)   When action required by an order is performed by the Enforcement Authority acting by and through its agents, or by a contractor in accordance with § 151.31, each person who held a fee interest, life estate interest or equitable interest as a contract purchaser in the unsafe premises from the time when the order requiring the work performed was recorded to the time that the work was completed shall be jointly and severally responsible for the following costs:
      (1)   The actual cost of the work performed by the Plan Commission through its designee or the bid price of work accomplished by the contractor in accordance with § 151.31;
      (2)   An amount which represents a reasonable forecast of the average processing expense which will be incurred by the Enforcement Authority in taking all the technical, administrative and legal actions relative to a typical unsafe premises which are necessary under this chapter so that the action required by an order may be performed by a contractor in accordance with § 151.31. In calculating the amount of the average processing expense, the following costs may be considered:
         (a)   The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises;
         (b)   The cost of notice of order, notice of statements of rescission, notice of continued hearing and notice of statements that public bids are to be let or that the Enforcement Authority acting by and through its agents intends to accomplish the work and notice that a hearing may be held on the amounts indicated in the records;
         (c)   Salaries for employees;
         (d)   Supplies, equipment and office space.
   (B)   The amount of such average processing expense shall be determined by the Plan Commission at a public hearing relative to which notice has been given in the same manner as is required for other official action of the Plan Commission. In determining such average processing expense, it shall be acceptable to fix the amount at a full dollar amount which is an even multiple of ten.
   (C)   All or any part of the actual costs incurred by the Enforcement Authority or the contractor bid price and the applicable average processing expense remain unpaid relative to any unsafe premises other than unsafe premises owned by a governmental entity after a period of 15 days has elapsed after the completion of the work and the Enforcement Authority of the Plan Commission at his or her discretion determines that there is a reasonable probability of obtaining recovery, the Enforcement Authority shall prepare a record which shall state the name or names and last known addresses of all persons who have a fee interest or life estate interest in the unsafe premises that were the subject of work, the nature of work that was accomplished, the amount of the unpaid bid price of the work that was accomplished and the amount of the unpaid average processing expense.
   (D)   This record shall be in the form prescribed by or approved by the State Board of Accounts. The Enforcement Authority shall swear to the accuracy of the record prepared by him or her before the Clerk of the Circuit Court and shall thereon deposit the record in the Office of the Clerk of the Circuit Court. Notice that the record has been filed and that a hearing on the amounts indicated in the record may be held shall be sent to the person or persons named in the record as provided in § 151.25.
   (E)   If, within 30 days after the notice required by I.C. 36-7-9-13(b), the Clerk of the Circuit Court has received a written petition from the person named in the record objecting to the claim for payment and requesting a hearing, the Clerk of the Circuit Court shall enter the cause on the docket of Circuit or Superior Court as a civil action and a fair hearing on the question shall be held pursuant to the provisions of I.C. 4-21.5. However, issues that could have been determined pursuant to § 151.27 shall not be entertained at the hearing. At the conclusion of the hearing on the petition, the court shall either sustain the petition or enter a judgment for the amounts recorded or modified amounts against the person or persons named in the record. If no petition is received at the end of 30 days after the notice to the person or persons named in the record, the Clerk of the Circuit Court shall enter the cause on the docket of the court and the court shall enter a judgment for the amounts stated in the record which shall constitute a debt and be a lien on all the real and personal property of the person named or the joint and severable debt and lien on the real and personal property. The lien on real property is perfected as against all creditors and purchasers when the judgment is entered on the judgment docket of the court. The lien on the personal property shall be perfected by filing a lis pendens notice in the appropriate filing office as prescribed by the Indiana Rules of Trial Procedure. Any judgment rendered under this section may be enforced in the same manner as all other judgments are enforced.
(`77 Code, § 66.19) (Am. Ord. 1997-4, passed 3-17-97)
Statutory reference:
   For provisions concerning costs of work, claim for payment and hearings, see I.C. 4-21.5 et seq.
   For provisions concerning notice and costs of work, see I.C. 36-7-9-2(b)
ADMINISTRATION AND ENFORCEMENT
§ 151.40 RECEIVERS, APPOINTMENT AND POWERS.
   (A)   In accordance with § 151.42, a receiver may be appointed by a court of competent jurisdiction relative to the unsafe premises, subject to the following:
      (1)   The purpose of receivership must be to take possession of the unsafe premises for a period of time sufficient to accomplish and pay for repairs and improvements;
      (2)   The receiver may be a not-for-profit corporation whose primary purpose is the improvement of housing conditions in Porter County, Indiana or be any other capable person residing in Porter County, Indiana;
      (3)   Notwithstanding any prior assignment of rents and other income of the unsafe premises, the receiver shall collect and use the rents and other income of the unsafe premises to repair or remove the defects as required by the order and may, upon approval of the court, make repairs and improvements in addition to those specified in the order or required by the applicable statutes, ordinances, codes or regulations;
      (4)   The receiver shall have the power to make any contracts and do all things necessary to accomplish the repair and improvement of the unsafe premises;
      (5)   The court may, after a hearing, authorize the receiver to obtain money needed to accomplish the repairs and improvements by the issuance and sale of notes or receiver’s certificates to the receiver or any other person or party bearing interest fixed by the court. The notes and certificates shall be a first lien upon the unsafe building and real estate on which the unsafe building is located and on the rents and income thereof and shall be superior to all existing assignments of rents, liens, mortgages or other encumbrances on the property except taxes, provided that within 60 days following the sale or transfer for value of the notes by the receiver, the holder thereof shall file notice in the Porter County Recorder’s office which shall contain the following information:
         (a)   The legal description of the tract of real estate on which the unsafe building is located;
         (b)   The face amount and interest rate of the note or certificate;
         (c)   The date when the note or certificate was sold or transferred by the receiver; and
         (d)   The date of maturity.
   (B)   Upon payment to the holder of the receiver’s note or certificate of the face amount and interest, and upon filing in the Recorder’s office of Porter County a sworn statement of payment, the lien of that note or certificate shall be released. Upon failure of payment, the lien may be enforced by proceedings to foreclose in the manner prescribed for mechanic’s lien or mortgages. However, such suit must be commenced within two years after the date of default. The receiver shall be entitled to the same fees, commission and necessary expenses as are receivers in actions to foreclose mortgages and the fees, commission and expenses shall be paid out of the rents and income of the property in receivership.
(`77 Code, § 66.17) (Am. Ord. 1997-4, passed 3-17-97)
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