(A) The town hereby designates and names the Town Council, from time to time, as the body to serve as the Hearing Authority for the purposes of conducting hearings in accordance with I.C. 36-7-9-7, as amended or repealed from time to time. By passage of the ordinance contained in this subchapter, the Town Council also hereby disbands any other hearing authority designation, board, commission, or body promulgated or organized prior to this subchapter by the Town Council.
(B) The Hearing Authority shall meet once a month, or as required, and shall be comprised of five Hearing Officers.
(C) The Hearing Authority shall create reasonable rules of procedure for holding a hearing as required by the Indiana Unsafe Building Law.
(D) The Hearing Authority may allow additional time for a person to complete an action requested in the order. The Hearing Officer may require a person making a request for additional time to post a performance bond.
(E) In allowing additional time to comply with an order, the Hearing Authority may impose up the maximum amount performance bonds for the following types of orders to comply:
(1) For demolition or repair of structural code violations for agricultural or residential structures to include accessory structures and buildings, the performance bond amount (maximum) shall be $50,000;
(2) For demolition or repair of non-structural code violations for agricultural or residential structures to include accessory structures and buildings, the performance bond amount (maximum) shall be $25,000;
(3) For demolition or repair of structural code violations for commercial or manufacturing structures to include accessory structures and buildings, the performance bond amount (maximum) shall be $250,000; and
(4) For demolition or repair of non-structural code violations for commercial or manufacturing structures to include accessory structures and buildings, the performance bond amount (maximum) shall be $125,000.
(F) The performance bond amounts shall be at the discretion of the Hearing Authority based upon the estimated costs to comply as determined by the Hearing Authority. Performance bonds shall be forfeited in the action required by the order is not completed within the additional time granted to comply.
(G) (1) Notice must be served in the manner set forth in I.C. 36-7-9-25, as amended or replaced from time to time.
(2) If service is not obtained and the Hearing Authority finds that reasonable effort was made to obtain service, service may be made by publication. If service is made by publication, publication must be made two times, at least one week apart.
(H) Whenever the Hearing Authority affirms or modifies an order of the Town Building Commissioner, the Hearing Authority shall issue a continuous enforcement order (as defined in I.C. 36-7-9-2) authorizing the Town Building Commissioner to conduct ongoing compliance or abatement activities for the same or similar violations, including the assessment of fees and costs, without the need for additional notice or hearing.
(Ord. 2022-05, passed 11-21-2022)