(A) The Enforcement Authority in the name of the town may initiate a civil action in the Circuit or Superior Court of Porter County, Indiana with regard to the unsafe premises. Cost of such action shall not be borne by either the Enforcement Authority or Town of Kouts.
(B) The Circuit or Superior Court may, as is appropriate, grant one or more of the following forms of relief in such action:
(1) If the following is shown, the court shall grant a mandatory or prohibitory injunction against any person that will cause the order to be complied with:
(a) An order, which need not set a hearing date, was issued to the person;
(b) The person has a property interest in the unsafe premises that is the subject of the order that would allow the person to take the action required by the order;
(c) The building, which is the subject of the order, is an unsafe building; and
(d) The order is not being reviewed in accordance with § 151.26;
(2) (a) Impose a civil forfeiture not to exceed $1,000 against any person if the provisions of subsection (1) of this section are shown;
(b) No forfeiture shall be imposed which is substantially less than the cost of complying with the order unless such cost exceeds $1,000. The effective date of such forfeiture may be postponed for a period not to exceed 30 days, after which the court may order the forfeiture reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done;
(c) On request of the Enforcement Authority the court shall enter a judgment in the amount of the civil forfeiture. In any instance where there is more than one party defendant, the civil forfeiture shall be separately applicable to each defendant;
(d) The amount of civil forfeiture which is collected shall be deposited in the Unsafe Building Fund;
(3) (a) Appoint a receiver as provided for in § 151.40. The issuance of an order relative to such unsafe premises is not a pre-requisite to the appointment of a receiver. If an order has been issued relative to such an unsafe premises, it shall not prevent the appointment of a receiver;
(b) In any case in which the Enforcement Authority requests the appointment of a receiver, all persons having a substantial property interest in the unsafe premises shall be made party defendants;
(4) (a) If the following is shown, the court shall authorize the Plan Commission to cause the action required by the order to be performed by a contractor:
1. An order was issued to each person having a substantial property interest in the unsafe premises;
2. Each of the orders has been affirmed or modified at 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;
3. The order, as affirmed or modified at the hearing, has not been complied with or one having been complied with is not now being complied with;
4. The building which is the subject of the order is an unsafe building; and
5. The order is not being reviewed in accordance with § 151.26;
(b) In any case in which the Plan Commission requests authority to cause action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants;
(c) The cost of accomplishing the work and the processing expenses incurred by the Plan Commission computed in accordance with the provisions of § 151.25 of this persons having a fee interest or life estate interest in the unsafe premises;
(5) (a) Set a hearing to be held within ten days of the filing of a complaint alleging the existence of an unsafe premises presenting an immediate danger to the health and safety of the surrounding community which is sufficient to warrant emergency action. Upon a finding at the hearing in favor of the Plan Commission, the court may either:
1. Authorize the Plan Comm- ission to cause action necessary to make the premises safe (which may include any action described under § 151.20) to be immediately performed by a contractor;
2. Authorize the Plan Comm- ission to cause action necessary to make the premises safe (which may include any action described under § 151.20) to be immediately performed by a contractor after defendants have had a reasonable time as established by the court to make the unsafe premises safe and have failed to accomplish completely the necessary action. In granting relief under this subsection, the court shall set a date certain for the completion of the necessary action and shall hold a hearing within ten days thereafter to determine whether the necessary action has been accomplished completely;
(b) The issuance of an order relative to such unsafe premises is not a prerequisite to the authorization by the court to cause action to be performed on the unsafe premises;
(c) In any case in which the Plan Commission requests authority to cause action on the unsafe premises to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants;
(6) This subsection (6) does not apply to the collection of an amount if a court determines that the Enforcement Authority is not entitled to an amount of recovery under this section.
(a) If all or any part of the costs listed hereunder remain unpaid for any unsafe premises for more than 15 days after completion of the work, the Enforcement Authority may send notice under § 151.25 to each person who held a fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises. The notice must require full payment of the amount owed within 30 days;
(b) 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:
1. The name of each person who held a fee interest, life estate interest or equitable interest of a contract purchaser in the unsafe premises;
2. The description of the unsafe premises, as shown by the records of the County Auditor;
3. The amount of the delinquent payment, including all costs described in this section of this chapter;
(c) The County Auditor shall place the total amount certified under this subsection (6) on the tax duplicate for the effected property as a special assessment. The total amount, including accrued interest, shall be collected as delinquent taxes are collected;
(d) The amount collected under this subsection (6), after all other taxes have been collected and disbursed, shall be disbursed to the Unsafe Building Fund;
(`77 Code, § 66.22) (Am. Ord. 1997-4, passed 3-17-97)