(A) The work required by an order of the Enforcement Authority may be performed in the following manner:
(1) If the work is being performed other than under an order other than an order under (A)(2), (A)(3), (A)(4) or (A)(5) of § 150.082 and if the cost of this work is estimated to be less than $10,000, the Office of Code enforcement may perform the work acting through the unit’s Enforcement Authority or other agent, by means of the unit’s own workers and equipment owned or leased by the unit. Notice that this work is to be performed must be given to all persons with a known or recorded substantial property interest, in the manner prescribed in division (C) below, at least ten days before the date of performance of the work by the Enforcement Authority. This notice must include a statement than an amount representing a reasonable estimate of the cost incurred by the Enforcement Authority in processing the matter and performing the work may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.
(2) If the work is being performed under an order other than an order under (A)(2), (A)(3), (A)(4) or (A)(5) of § 150.082, and if the estimated cost of this work is $10,000 or more this work must be let at public bid to a contractor licensed and qualified under law. The obligation to pay costs imposed by division (G) of this section is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted. Changes occurring in the condition of the unsafe premises afte the public bid was accepted do not eliminate or diminish this obligation.
(3) If the work is being performed under an order issued under (A)(2), (A)(3), (A)(4), or (A)(5) of § 150.082, the work may be performed by a contractor who has been awarded a base bid contract to perform the work for the Enforcement Authority, or be the Department, acting through the unit’s Enforcement Authority or other governmental agency and using the unit’s own workers and equipment owned or leased by the unit. Work performed under an order issued under (A)(2), (A)(3), (A)(4) or (A)(5) of § 150.082 may be performed without further notice to the persons holding a fee interest, life estate interest, or equitable interest of a contract purchaser, and these persons are liable for the costs incurred by the Enforcement Authority in processing the matter and performing the work.
(B) Bids may be solicited and accepted for work on more than one property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The part of the bid amount attributable to each of the unsafe premises constitutes the basis for calculating the part of the costs described by division (G).
(C) All persons who have a known or recorded substantial property interest int eh unsafe premises and are subject to an order other than an order under (A)(2), (A)(3), (A)(4) or (A)(5) f § 150.082 must be notified about the public bid by means of a written statement including:
(1) The name of the person to whom the order was issued;
(2) A legal description or address of the unsafe premises that are the subject of the order;
(3) A statement that a contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order;
(4) A description of work to be accomplished;
(5) A statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the Enforcement Authority in processing the matter of the unsafe premises may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises;
(6) The time of the bid opening;
(7) The place of the bid opening; and
(8) The name, address, and telephone number of the Enforcement Authority.
(D) If the notice of the statement that public bids are to be let is served by publication, the publication must include the information required by division (C), except that it need only include a general description of the work to be accomplished. The publication must also state that a copy of the statement of public bid may be obtained from the Enforcement Authority.
(E) Notice of the statement that public bids are to be let must be given, at least ten days before the date of the public bid, to all person who have a known or recorded substantial property interest in the property and are subject to an order other than an order under (A)(2), (A)(3), (A)(4) or (A)(5) of § 150.082.
(F) If action is being taken under this section on the basis of an order that was served by publication, it is sufficient to serve the statement that public bids are to be let by publication, unless the Enforcement Authority has received information in writing that enables the unit to make service under § 150.093 by a method other than publication.
(G) When action required by an order is performed by a contractor in accordance with § 150.093, any person or persons who have a fee interest or life estate interest or equitable interest of a contract purchaser in the unsafe premises from the time when the order requiring the work performed was issued to the time that the work was completed, or if emergency action was taken under § 150.093 of this chapter, during the time of such emergency action, is jointly and severally responsible for:
(1) (a) The actual cost of the emergency action taken, as affirmed by the Hearing Authority; or
(b) Actual cost of the work performed by the Enforcement Authority or the bid price of work accomplished by the contractor.
(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the Enforcement Authority in taking the technical, administrative, and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor. In calculating the amount of the average processing expense, the following costs may be considered:
(a) The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises;
(b) The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the Enforcement Authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record.
(c) Salaries for employees.
(d) The cost of supplies, equipment, and office space.
(3) The Board of Commission having control over the department shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action of the Board or Commission. In determining the average processing expense, the Board of Commission may fix the amount at a full dollar amount that is an even multiple of ten.
(H) The calculation of amounts under this section, and the perfection and enforcement of liens or those amounts shall be governed by the provisions of I.C. 36-7-9-13, I.C. 36-7-9-13.5, and I.C. 36-7-9-19.
(1992 Code, § 7-89) (Ord. 584, § 15, passed - -1981; Am. Ord. 1324, passed 6-28-2016)