For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARD or TOWN BOARD. The Council of the Town of New Carlisle, Indiana.
COMMUNITY ORGANIZATION. A citizen’s group, neighborhood association, neighborhood development corporation, or similar organization that:
(1) Has specific geographic boundaries defined in its bylaws or articles of incorporation and contains at least 40 households within those boundaries;
(2) Is a nonprofit corporation that is representative of at least 25 households or 20% of the households in the community, whichever is less;
(3) Is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;
(4) Has been incorporated for at least two years; and
(5) Is exempt from taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.
CONTINUOUS ENFORCEMENT ORDER. Is an order that:
(1) Is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional:
(a) Compliance and abatement authority; or
(b) Orders fro the same or similar violations.
(2) Authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement;
(3) Can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and
(4) Authorizes the enforcement order to assess and collect ongoing costs for continuous enforcement order activities from any party that is subject to the enforcement authority’s order.
DIRECTOR or ENFORCEMENT AUTHORITY. The appointed person in charge of the Office of Code Enforcement.
HEARING AUTHORITY. Person(s) designated as such by the Town Board. An employee of the Enforcement Authority may not be designated as the Hearing Authority.
KNOWN OR RECORDED FEE INTEREST, LIFE ESTATE INTEREST, OR EQUITABLE INTEREST OF A CONTRACT PURCHASER. Any fee interest, life estate interest, or equitable interest of a contract purchase held by a person whose identity and address may be determined from:
(1) An instrument recorded in the Recorder’s Office of the county where the unsafe premises is located;
(2) Written information or actual knowledge received by the department; or
(3) A review of department records that is sufficient to identify information that is reasonable ascertainable.
KNOWN OR RECORDED SUBSTANTIAL PROPERTY INTEREST. Any right in real property, including a fee interest, a life estate interest, a future interest, a mortgage interest, a lien as evidenced by a certificate of sale issued under I.C. 6-1.1-24, or an equitable interest of a contract purchaser, that:
(1) May be affected in a substantial way by actions authorized by this chapter; and
(2) Is held by a person whose identity and address may be determined from:
(a) An instrument recorded in:
1. The Recorder’s Office of the county where the unsafe premises is located; or
2. The Office of the County Auditor of the county where the unsafe premises are located in the case of a lien evidenced by a certificate of sale issued under I.C. 6-1.1-24;
(b) Written information or actual knowledge received by the department; or
(c) A review of department records that is sufficient to identify information that is reasonably ascertainable.
OFFICE OF CODE ENFORCEMENT or OFFICE. The Building Commissioner who is charged with administering this subchapter.
ORDER. Any written directive issued by the Office of Code Enforcement in accordance with § 152.082 of this subchapter.
PERSON. Any entity capable of holding an interest in real estate, including, but not limited to, individuals and corporations.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, estate or equitable interest of a contract purchaser, as defined by I.C. 36-7-9-2.
UNSAFE PREMISES. Any unsafe building; or the tract or real estate on which an unsafe building is located; or any unsafe building and the tract of real estate on which the unsafe building is located; or any real property that does not contain a building or structure not including land used for production agriculture, which is a fire hazard, a hazard to public health, a public nuisance, or is dangerous to a person or property because of a violation of a statute or an ordinance.
UNSAFE STRUCTURE OR BUILDING. Any building or structure, or any part thereof, that is in an impaired structural condition or state which renders it unsafe or dangerous to any person or property; or is a fire hazard; or is a hazard to the public health; or is a public nuisance; or does not comply with standards for building condition or maintenance, the violation of which would be dangerous to any person or property, found in an ordinance enacted by the Town Council or in state law; or is vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under
the requirements of a statute or an ordinance. The standards for building condition, maintenance and safety, of the State of Indiana, and the town are incorporated to the extent there are consistent with each other.
(1992 Code, § 7-76) (Ord. 584, § 2, passed - -1981; Am. Ord. 1324, passed 6-28-2016)