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§ 150.080 ADOPTION OF UNSAFE BUILDING LAW.
   (A)   The provisions of I.C. 36-7-9-1 et seq. are adopted by the town, and this subchapter shall be known as the Unsafe Building Law. All proceedings with the jurisdiction of the town for the inspection, repair, demolition, and removal of unsafe buildings shall be governed by Indiana law and the provisions of these sections. In the event the provisions of these sections conflict with the provisions of I.C. 36-7-9-1 et seq., then the provisions of the state statutes shall control. The International Property Maintenance Code, dated 2006, together with all amendments to it is adopted as the official property maintenance code of the town. Two copies of this code are on file and open for public inspection in the Clerk-Treasurer’s Office.
   (B)   The administration of the provisions of this subchapter shall be the responsibility of the Building Commissioner of the town.
(1992 Code, § 7-75) (Ord. 584, § 1, passed - -1981; Am. Ord. 1324, passed 6-28-2016)
§ 150.081 DEFINITIONS.
   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)
§ 150.082 CODE ENFORCEMENT OFFICE; ISSUANCE OF ORDERS.
   (A)   The Office of Code Enforcement may issue an order relative to any unsafe premises to require action, including but not limited to:
      (1)   Vacation of an unsafe building;
      (2)   Sealing an unsafe building against intrusion by unauthorized persons in accordance with uniform standards established by the Town Board;
      (3)   Extermination of vermin in and about the unsafe premises;
      (4)   Repair or rehabilitation of an unsafe building to bring it into compliance with standards for building condition or maintenance required for human habitation, occupancy, or use found in ordinances enacted by the Town Board or state laws;
      (5)   Demolition and removal of a portion of an unsafe building if the general condition of the building warrants removal or the building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and order;
      (6)   Demolition and removal of an unsafe building if the general condition of the building warrants removal or the building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and order;
      (7)   Removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises; and
      (8)   Requiring, for an unsafe building that will be sealed for a period of more than 90 days:
         (a)   Sealing against intrusion by unauthorized persons and the effects of weather;
         (b)   Exterior improvements to make the building compatible in appearance with other buildings in the area; and
         (c)   Continuing maintenance and upkeep of the building and premises.
   (B)   The ordered action shall be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties.
   (C)   The order shall take precedence over any municipally issued permit relating to building or land use which is obtained either before or after the order is issued.
   (D)   The force of an order shall expire two years from the day the notice of the order is given, unless one or more of the following events occur within the two-year period:
      (1)   A complaint requesting judicial review is filed in accordance with § 150.089 of this subchapter;
      (2)   Work is let out at public bid to a contractor to perform action required by an order in accordance with § 150.094 of this subchapter; or
      (3)   A civil action is file in the Circuit or Superior Court in accordance with § 150.999 of this code of ordinances.
   (E)   An order issued under divisions (A)(2), (A)(3), (A)(4), and (A)(5) of this section, or an order of noncompliance of § 150.088(H) becomes final ten days after notice is given, unless a hearing is requested before the ten day period ends by a person holding a fee interest, life estate interest, mortgage interest, or equitable interest of a contract purchaser in the unsafe premises.
(1992 Code, § 7-77) (Ord. 584, § 3, passed - -1981; Am. Ord. 1324, passed 6-28-2016)
§ 150.083 CONTENTS OF ORDERS.
   (A)   Any order shall contain the following information:
      (1)   The name of the person to whom the order is issued;
      (2)   The legal description or address of the unsafe premises that is the subject of the order;
      (3)   The action which the order requires to be accomplished;
      (4)   The period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given;
      (5)   If a hearing is required, a statement indicating the exact time and palce of the hearing regarding the order; and that the person to whom the order was issued has a right to appear at the hearing with or without legal counsel and present evidence, cross-examine opposing witnesses, and make argument;
      (6)   A statement briefly indicating what action can be taken by the Office of Code Enforcement if the order is not complied with;
      (7)   A statement indicating the obligation created by § 150.091 relating to notification of subsequent interest holders and the Office of Code Enforcement;
      (8)   The name, address, and telephone number of the Office of Code Enforcement; and
      (9)   If a hearing is not required, a statement that an order under (A)(2), (A)(3), (A)(4) or (A)(5) of § 150.082 becomes final ten days after notice is given, unless a hearing is requested in writing by a person of substantial property interest and the request is delivered to the Office of Code Enforcement before the end of the ten day period.
   (B)   The order shall allow sufficient time in which to accomplish the required action. In no case shall less than ten calendar days from the time when notice of the order is given be allowed for compliance with an order.
   (C)   In the instance where more than 30 calendar days are allowed by the order to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within a period of 30 calendar days.
   (D)   If an order is for the removal of an unsafe building or portion of an unsafe building under divisions (A)(5) or (A)(6) above, notice of the order shall be given to each person with a known or recorded substantial property interest.
(1992 Code, § 7-78) (Ord. 584, § 4, passed - -1981; Am. Ord. 1324, passed 6-28-2016)
§ 150.084 SERVICE OF ORDERS.
   If service of the order is by publication, the publication shall include the information required by divisions (A)(1), (2), (4), (5), (6), (8), and (9) of § 150.083 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.
(1992 Code, § 7-79) (Ord. 584, § 5, passed - -1981; Am. Ord. 1324, passed 6-28-2016)
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