(A) A hearing shall be held relative to each order, except for an order issued under division (A)(2), (A)(3), (A(4), or (A)(5) of § 150.082 or an order of noncompliance of division (H) below. The hearing shall be conducted by the Hearing Authority.
(B) The hearing shall be held on a business day no earlier than ten calendar days after notice of the order is given. The Director 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. Unless the Director 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 § 150.087.
(C) 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. 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 Director may, irrespective of whether the person does or does not appear at the hearing, make findings and take action to either: affirm the order; rescind the order; or 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 Director shall have authority only to modify the order in such manner as to make its terms less stringent.
(E) In addition to affirming the order, in those cases in which the Hearing Authority finds that there has been a willful failure to comply with the order, the Hearing Authority may impose a civil penalty in an amount not to exceed $5,000 as provided by I.C. 36-7-9-7(e). The effective date of the civil penalty may be postponed for a reasonable period, after which the Hearing Authority may order the civil penalty reduce or stricken if the Hearing Authority is satisfied that all work necessary to fully comply with the order has been done. For purposes of an appeal under § 150.089 or enforcement of an order through a civil action under § 150.098, the action of the Hearing Authority is considered final upon the affirmation of the order, even though the Hearing Authority may retain jurisdiction for the ultimate determination related to the civil penalty. In the Hearing Authority’s exercise of continuing jurisdiction, the Hearing Authority may, in addition to reducing or striking the civil penalty, impose one or more additional civil penalties in an amount not to exceed $5,000 per civil penalty. An additional civil penalty may be imposed if the Hearing Authority finds that:
(1) Significant work on the premises to comply with the affirmed order has not been accomplished; and
(2) The premises have a negative effect on property values or the quality of life of the surrounding area or the premises require the provision of services by local government in excess of the services required by ordinary properties.
(F) If the person to whom the order was issued to repair or rehabilitate under (A)(4) of § 150.082 fails or refuses to comply with the order within 60 days or the time specified in the order, the Enforcement Authority may impose a civil penalty not to exceed $2,500. The Enforcement Authority shall give notice of the civil penalty to all person with a known or recorded substantial property interest in the unsafe premises.
(1) After a civil penalty is imposed the Enforcement Authority may impose an additional civil penalty in an amount not to exceed $1,000 every 90 days if the person to whom the order was issued continues to fail or refuse to comply with the order.
(2) If a civil penalty under this section is unpaid for more than 15 days after payment of the civil penalty is due, the civil penalty may be collected in the same manner as costs under § 150.094(H). The amount of the civil penalty that is collected shall be deposited in the unsafe building fund.
(G) 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 Director 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 order action is not completed within the additional time period allowed. The amount of the bond shall be equal to 30% of the value of the services and materials required to accomplish the ordered action.
(H) The record of the findings made and action taken by the Hearing Authority at the hearing shall be available the public upon request. No provision in this chapter shall be construed to require affirmative action be the Office of Code Enforcement or the Hearing Authority to give notice of the findings made and action taken by the Hearing Authority at the hearing to the person to whom the order was issued, or any other person.
(1992 Code, § 7-83) (Ord. 584, § 9, passed - -1981; Am. Ord. 1324, passed 6-28-2016)