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§ 151.17 SERVICE OF ORDERS BY PUBLICATION.
   If service of the order is by publication, the publication shall include the information required by divisions (A)(1), (A)(2), (A)(4), (A)(5), (A)(6) and (A)(8) of § 151.16 and also a statement indicating generally what action is required by the order and that the exact terms of the order may be obtained from the Office of Code Enforcement.
(Ord. 1980-5, passed 6-16-1980) Penalty, see § 10.99
§ 151.18 MODIFICATION OF ORDERS.
   (A)   The Office of Code Enforcement may issue an order to a person which has the effect of modifying the order previously issued to the person.
   (B)   If service of the previously issued order was by publication it shall be sufficient to serve the subsequent order by publication unless the Office of Code Enforcement has received information in writing that would enable it to make service in accordance with § 151.20 of this chapter by a method other than publication.
(Ord. 1980-5, passed 6-16-1980)
§ 151.19 RECISSION OF ORDERS.
   (A)   The Office of Code Enforcement may at any time rescind an order.
   (B)   All persons who have been issued an order shall be notified of its rescission pursuant to § 151.20 of this chapter by means of a written statement which shall include the information required by I.C. 18-5-5.5-7.
(Ord. 1980-5, passed 6-16-1980) Penalty, see § 10.99
Editor’s note:
   I.C. Title 18 has been repealed. Similar state law provisions are now codified in I.C. 36-7-9.
§ 151.20 SERVICE OF ORDERS AND STATEMENTS.
   (A)   Notice of orders (including orders which have the effect of modifying a previous order), notice of statements of rescission, notice of continued hearings, notice of a statement that public bids are to be let, and notice that a hearing my be held on the amounts indicated in the record shall be given to all persons to whom directed by the following manner of service:
      (1)   Sending a copy of the order or statement by registered 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)   (1)   In the event service is not obtained by a means described above after reasonable effort, service may be made by publishing a notice of the order or statement at least two times in a newspaper authorized by law to publish notices, which is published in the county where the unsafe premises are located.
      (2)   Publication may be made on consecutive days.
   (C)   (1)   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.
      (2)   The affidavit shall be placed on file in the Office of Code Enforcement.
   (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 the 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 Office of Code Enforcement; or
      (3)   In the case of publication, the date of the second day that publication was made.
(Ord. 1980-5, passed 6-16-1980)
§ 151.21 HEARINGS; NOTICE.
   (A)   (1)   A hearing shall be held relative to each order.
      (2)   The hearing shall be conducted by the Office of Code Enforcement, which body shall make any and all decisions pertaining to the matters being heard therein.
   (B)   (1)   The hearing shall be held on a business day no earlier than ten calendar days after notice of the order is given.
      (2)   The Office of Code Enforcement may, however, take action at a hearing to continue the hearing relative to the order so that it will be held on a later business day.
      (3)   Unless the Office of Code Enforcement 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 § 151.20 of this chapter.
   (C)   (1)   The person to whom the order was issued, or any person having a substantial property interest in the unsafe premises which are the subject of the order may appear in person or by counsel at the hearing.
      (2)   The person shall have the opportunity to present evidence, cross-examine opposing witnesses, and make argument.
   (D)   At the conclusion of any hearing at which a continuance is not granted, the Office of Code Enforcement may, irrespective of whether the person does or does not appear at the hearing, make findings and take action to either:
      (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 the person is present at the hearing, the Office of Code Enforcement shall have authority only to modify the order in a manner as to make its terms less stringent.
   (E)   (1)   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 Office of Code Enforcement may, as a condition for modifying the order to allow the additional time period, require that the person post a cash performance bond to be forfeited in the event that the ordered action is not completed within the additional time period allowed.
      (2)   The amount of the bond shall be equal to 30% of the value of the services and materials required to accomplish the ordered action.
   (F)   (1)   The record of the findings made and action taken by the Office of Code Enforcement hearing shall be available to the public upon request.
      (2)   No provision in this chapter shall be construed to require affirmative action by the Office of Code Enforcement or the Director to give notice of the findings made and action taken by the Office of Code Enforcement at the hearing to the person to whom the order was issued, or any other person.
(Ord. 1980-5, passed 6-16-1980) Penalty, see § 10.99
§ 151.22 JUDICIAL REVIEW.
   An action for judicial review of any proceedings under this chapter may be taken pursuant to the provisions of I.C. 18-5-5.5-10.
(Ord. 1980-5, passed 6-16-1980)
Editor’s note:
   I.C. Title 18 has been repealed. Similar state law provisions are now codified in I.C. 36-7-9.
§ 151.23 RECORDING ORDERS, STATEMENTS, AND RECORDS.
   (A)   Orders issued in accordance with §§ 151.15 or 151.18 of this chapter, statements of rescission issued in accordance with § 151.19, statements that public bids are to be let as provided in § 151.27, and
records of action taken by the Office of Code Enforcement in accordance with § 151.21, shall be recorded in the Office of the Recorder of the county by the Office of Code Enforcement at no charge.
   (B)   The effect of orders and administrative acts under this chapter upon property interests in unsafe premises shall be governed by the provisions of I.C. 18-5-5.5-11 and 18-5-5.5-12.
(Ord. 1980-5, passed 6-16-1980)
Editor’s note:
   I.C. Title 18 has been repealed. Similar state law provisions are now codified in I.C. 36-7-9.
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