§ 150.30 FAILURE TO OBEY FINAL DETERMINATION.

   Any failure by any person, persons, entity or entities named in the final determination of the Town Council to correct the unlawful condition or conditions which were found to exist within the time period provided by the Town Council shall constitute a violation of this subchapter, and for each such condition which exists after said date, and each day that any such unlawful condition shall exist after the date in which the person, persons, entity or entities were allowed to correct the same, shall constitute a separate violation of this subchapter for each unlawful condition which exists.

(Prior Code, § 6-3-11) Penalty, see § 150.99

§ 150.31 BUILDING INCLUDES REAL ESTATE.

   For the purpose of this subchapter, any building or structure shall include the real estate upon which such building or structure is situated.

(Prior Code, § 6-3-15)

§ 150.32 NOTICE TO OWNERS.

   When any unlawful condition or conditions exist under this subchapter which are within the control of the owner or owners of the real estate upon which the building or structure is situated, then notice shall be given to those owners who appear of record.

(Prior Code, § 6-3-16)

§ 150.33 NOTICE TO LESSEE.

   In the event it is determined that the unlawful condition or conditions under this subchapter which exist are solely within the control of the lessee of a building or structure other than the owner, then notice shall be given to such lessee or other person in addition to the owner or owners of the building or structure.

(Prior Code, § 6-3-17)

§ 150.34 STATE BUILDING CODE ADOPTED.

   (A)   The State Building Code, most current edition (675 I.A.C. 13-2), originally published as 91.R.719, which identifies, amends and incorporates therein the Uniform Building Code, most current edition, as amended, is hereby adopted by the town.

   (B)   State Building Code Standards, most current edition (675 I.A.C. 13-3), originally published as 9 I.E.750, which identifies, amends and incorporates therein the Uniform Building Code Standards, most current edition, as amended, is hereby adopted by the town.

(Prior Code, § 6-3-18)

§ 150.35 STATE UNSAFE BUILDING LAW ADOPTED.

   The Town Council shall and hereby does:

   (A)   Adopt I.C. 36-7-9 (the state’s Unsafe Building Law), pursuant to I.C. 36-7-9-3;

   (B)   Appoint and designate the town’s Police Department as the executive department responsible for the administration of the Unsafe Building Law and the Town Marshal as the enforcement authority;

   (C)   Designate the Town Council as the hearing authority with respect to orders issued pursuant to the Unsafe Building Law; and

   (D)   Incorporate by reference the definition of SUBSTANTIAL PROPERTY INTEREST as that term is used in I.C. 36-7-9 (Unsafe Building Law), which chapter defines the term as follows: Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest or an equitable interest of a contract purchaser.

(Ord. 17-4-1, passed 5-8-2017)

§ 150.99 PENALTY.

   (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)   (1)   Each day of non-compliance with the provisions of §§ 150.01 through 150.06 of this code constitutes a separate and distinct ordinance violation. Judgment of up to $500 per day may be entered for a violation.

      (2)   A home, sited upon property in violation of §§ 150.01 through 150.06 of this code, shall be subject to removal from such property. However, the homeowner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.

      (3)   The Plan Commission or its designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated or removed.

(Prior Code, §§ 6-2-6, 6-5-2)

   (C)   (1)   In the event that any person, persons, entity or entities of whatsoever nature violate any provision of §§ 150.20 through 150.35 of this code, the town may take action in any court of proper jurisdiction in the county to obtain a mandatory injunction or other relief to require such person, persons, entity or entities to correct the unlawful conditions and to request any other temporary and preliminary injunctive relief to protect persons and property and further, may request final orders requiring the structure or building to be removed, sold or other relief which is proper under the circumstances.

(Prior Code, § 6-3-12)

      (2)   In addition to applying for any injunctive relief, the town may file ordinance violation charges against any person, persons, entity or entities violating §§ 150.20 through 150.35 of this code, and for each unsafe building condition violation, such person, persons, entity or entities shall be fined $25 for each violation.

(Prior Code, §§ 6-3-13, 6-5-3)

      (3)   In the event that the town files ordinance violation charges or seeks injunctive or other relief before any court, then upon any determination in favor of the town, the town shall be further entitled to recover and have judgment against any person, persons, entity or entities violating this subchapter for the town’s reasonable attorneys’ fees incurred in prosecuting any of the actions therein, provided however, that the attorneys’ fees and penalty for each violation shall not exceed $2,500 in amount.

(Prior Code, § 6-3-14)

(Ord. 86-6-1A, passed - -)