For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED STRUCTURE. Any of the following:
(1) Commercial real property or a vacant structure on commercial real property that is used or was previously used for industrial or commercial purposes, and:
(a) That the owner of the property or structure has declared in writing to be abandoned; or
(b) For which the owner of the property or structure has been given a written order by an enforcement authority to rehabilitate or demolish, and the owner:
1. Has not applied for a permit to rehabilitate or demolish the property or structure; or
2. Applied for and was granted a permit, but rehabilitation or demolition work has not commenced on the property or structure within 30 days after the date the permit was granted.
(2) Real property that has not been used for a legal purpose for at least six consecutive months and:
(a) In the judgment of an enforcement authority, is in need of completion, rehabilitation, or repair, and completion, rehabilitation, or repair work has not taken place on the property for at least six consecutive months;
(b) On which at least one installment of property taxes is delinquent; or
(c) That has been declared a public nuisance by a hearing authority.
(3) Real property that has been declared in writing to be abandoned by the owner, including an estate or a trust that possesses the property.
(4) Vacant real property on which a municipal lien has remained unpaid for at least one year.
ENFORCEMENT AUTHORITY. Has the meaning set forth in I.C. 36-7-9-2. The ENFORCEMENT AUTHORITY for the town is the Town Council.
HEARING AUTHORITY. Has the meaning set forth in I.C. 36-7-9-2.
OWNER. A person that holds a substantial interest in property in the form of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser.
VACANT REAL PROPERTY. Real property that is not being occupied by an owner, tenant, or others authorized by the owner.
VACANT STRUCTURE. A structure or building that is not being occupied by an owner, tenant, or others authorized by the owner.
(Ord. 2012-06, passed 5-7-12; Am. Ord. passed 6-19-12)
Statutory reference:
Similar provisions, I.C. 36-7-36-1 through 36-7-36-6