§ 92.136 DEFINITION OF SUBSTANTIAL PROPERTY INTEREST.

   The definition of SUBSTANTIAL PROPERTY INTEREST set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.

(Prior Code, § 7-87)  (Ord. 88-1, passed 3-14-1988)

§ 92.137 WORKMANSHIP; RULES AND STANDARDS ADOPTED.

   All work for the reconstruction, alteration, repair or demolition of buildings and other structures shall be performed in good workmanlike manner according to the accepted standards and practices in the trade. The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this subchapter or orders issued pursuant to this subchapter by the Building Inspector of the city.

(Prior Code, § 7-88)  (Ord. 88-1, passed 3-14-1988)

§ 92.138 UNSAFE BUILDING FUND ESTABLISHED.

   An Unsafe Building Fund is hereby established in the operating budget of the city in accordance with the provisions of I.C. 36-7-9-14.

(Prior Code, § 7-89)  (Ord. 88-1, passed 3-14-1988)

§ 92.139 COMPLIANCE REQUIRED; VIOLATIONS.

   No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this subchapter or any order issued by the Building Inspector.

(Prior Code, § 7-90)  (Ord. 88-1, passed 3-14-1988)  Penalty, see § 92.999

§ 92.140 HEARING AUTHORITY.

   For the purpose of I.C. 36-7-9-1 et seq., the hearing authority, as required by this subchapter and the state statutes governing the same, shall be that person or persons as designated by the city executive.

(Prior Code, § 7-91)  (Ord. 88-1, passed 3-14-1988)

§ 92.141 INJUNCTIVE RELIEF AND THE LIKE; RECOVERY OF JUDGEMENT BY CITY.

   In the event that the city is required to file ordinance violation charges or is required to seek injunctive or other relief before any court, as herein specified, then, and in that event, upon any determination in favor of the city, the city shall be further entitled to recover and have judgment against any person, firm or corporation, or other entity violating this subchapter for the city’s reasonable attorney’s fees incurred in prosecuting any of the actions set forth herein.

(Prior Code, § 7-92)  (Ord. 88-1, passed 3-14-1988)

§ 92.142 BOND.

   (A)   Pursuant to the establishment of the unsafe building subchapter, Ordinance 88-1, the City Council, the designated hearing authority, pursuant to recommendation by the City Plan Commission, hereby establishes the bond under the unsafe building subchapter as follows.

   (B)   A maximum bond may be established by the hearing authority which shall be no greater than the amount of $25,000. The amount of the bond to be established by the hearing authority under the unsafe building subchapter shall be in relation to, and in proportion to, the cost of the amount of work which has been ordered pursuant to those actions authorized by ordinance and state law. In the event the person, firm, corporation or other entity, which is ordered to comply with the ordered action under the unsafe building ordinance, disagrees with the bond established by the hearing authority, then, in the event, the affected party shall obtain two independent estimates of repair cost, removal or other action as has been ordered under the unsafe building subchapter, from recognized contractors, or their equivalent, at their own expense, which shall be submitted to the hearing authority (Common Council) prior to the next regularly scheduled meeting of the body for further consideration and/or reevaluation of the bond ordered set under the unsafe building subchapter.

(Prior Code, § 7-93)  (Ord. 88-3, passed 4-25-1988)