(A) A hearing must be held relative to each order of the enforcement authority, except orders issued under § 153.05(A)(2), (A)(3), (A)(4), or (A)(5) of this chapter. An order issued under § 153.05(A)(2), (A)(3), (A)(4), or (A)(5) ofthis chapter becomes final ten days after notice is given, unless a hearing before the BZA is timely and properly requested before the ten-day period ends by a person holding a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.
(B) Hearings before the BZA shall be held on a business day no earlier than ten days after notice of the order is given. The board may, however, take action at the hearing, or before the hearing if a written request is received by the enforcement authority not later than five days after notice is given, to continue the hearing to a business day not later than 14 days afterthe hearing date shown on the order.
(C) Unless the BZA takes action to have the continued hearing held on a definite, specified date, notice of the continued hearing must be given to the person to whom the order was issued at least five days before the continued hearing date, in the manner prescribed by § 153.08 of this chapter.
(D) If an order being considered at the continued hearing was served by publication, it is sufficient to give notice of the continued hearing by publication unless the enforcement authority has received information in writing that enables it to make service under § 153.08 of this chapter by a method other than publication.
(E) The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that are the subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.
(F) At the conclusion of any hearing at which a continuance is not granted, the hearing authority may make findings and take action to:
(1) Affirm the order;
(2) Rescind the order; or
(3) Modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the hearing authority may modify the order in only a manner that makes its terms less stringent.
(4) In addition to affirming the order, in those cases in which the BZA finds there has been a willful failure to comply with the order, the board may impose a civil penalty in an amount not to exceed $5,000. The effective date of the civil penalty may be postponed for a reasonable period, after which the BZA may order the civil penalty reduced or stricken if the board is satisfied that all work necessary to fully comply with the order has been done.
(G) For purposes of an appeal under IC 36-7-9-8, or enforcement of an order under IC 36-7-9-17, action of the BZA is considered final upon the affirmation of an order even though the board may retain jurisdiction for the ultimate determination of a fine at a future date.
(H) If, at the hearing, a person to whom an order has been issued requests an additional period to accomplish action required by the order, and shows goodcause for this request to be granted, the board may grant the request, however, as a condition for allowing the additional time period, the board may require that the person post a performance bond to be forfeited if the action required by the order is not completed within the additional time periodgranted by the board.
(I) The BZA shall, at a public hearing, after having given notice of the time and place of the hearing by publication in accordance with IC 5-3-1, adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of ordered action. The BZA shall use this schedule to fix the amount of the performance bond required under division (I) above.
(J) A record of the findings made and action taken by the BZA at a hearing shall be available to the public upon request, however, neither the enforcement authority nor the BZA is required to give any person notice of the findings and action.
(K) The amount of any civil penalty imposed under division (G) above, may be collected in the same manner as costs under IC 36-7-9-13.
(L) The amount of any civil penalty collected shall be deposited in the Town of Lowell Unsafe Building Fund.
('80 Code, § 15.16.080) (Ord. 1982-28, passed 12-28-82; Am. Ord. 2005-06, passed 3-28-05)