(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)