(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Violations of §§ 150.30 through 150.33 shall be subject to a civil fine in accordance with § 10.99. Each day that a given violation continues constitutes a separate offense; and shall be required to reimburse the town, if the town is required to repair or secure property or cause to have the repairs made or the property to be secured. The amount the property owner shall be required to reimburse the town is the actual cost of materials plus the cost of labor according to a schedule of fees, as shall be modified from time to time by the Town Council, and made available for public inspection in the Clerk-Treasurer’s office, or actual cost for hired labor, whichever is greater. Such costs shall be assessed as a lien against the property. This applies to any person who:
(4) Fails to comply with I.C. 36-7-9-27 (incorporated herein by reference).
(C) (1) If a person to whom the Town Building Commissioner issued an order requiring the repair or rehabilitation of an unsafe building fails or refuses to comply with such order within 60 days or the time specified in the order, the Town Building Commissioner may impose a civil penalty of not more than $2,500. The Town Building Commissioner may impose an additional civil penalty of not more than $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 the Hearing Authority finds that there has been a willful failure to comply with an order issued by the Town Building Commissioner, the Hearing Authority may impose a civil penalty of not more than $5,000. The Hearing Authority may impose additional civil penalties of not more than $5,000 each, if the Hearing Authority finds that:
(a) Significant work on the premises in compliance with the order has not been accomplished; and
(b) The premises have a negative impact on property values or quality of life in the surrounding area or that the premises require the provision of services by local government in excess of the services required by ordinary properties.
(3) If a civil penalty is unpaid for more than 15 days after payment is due, the civil penalty may be collected from any person against whom the Hearing Authority or Town Building Commissioner assessed the civil penalty or fine. A civil penalty may be certified to the town’s Clerk-Treasurer and collected in accordance with the Indiana Unsafe Building Law. All civil penalties collected shall be made payable to and shall be deposited in the town’s Unsafe Building Fund.
(Prior Code, § 10-55) (Ord. passed 7-6-1981; Ord. 2022-05, passed 11-21-2022)