(A) The owner or agent of the contaminated property or contaminated site shall make sure that the property is decontaminated as required by this chapter before any of the following take place:
(1) Reoccupying or reusing the property;
(2) Allowing the property to be reoccupied or reused; or
(3) Transferring any interest in the property to another person.
(B) Within the timetable set for remediation of the violations of this chapter the owner or agent of the contaminated property or contaminated site shall:
(1) Make sure the contaminated property has been vacated; and
(2) Contract with a qualified inspector to perform the duties required in 318 I.A.C. 1-5.
(C) The owner of a contaminated property or contaminated site shall not decontaminate any property controlled by owner.
(D) If the Health Department has not been provided with any reasonable assurance or decontamination plan from the property owner or agent:
(1) A copy of the declaration of public health or environmental hazard will be submitted to the County Recorder’s office and may be provided to the lien and mortgage holders of the affected structure or property. Once the Health Department receives a certificate of decontamination from the qualified inspector a notice will be sent to the Recorder’s office stating compliance with 318 I.A.C. 1. Said certificate of decontamination will be sent to the lien and mortgage holders, if necessary; and
(2) The county may seek to decontaminate the public health environmental hazard itself and recover all costs associated with such action. Such costs may be assessed as a lien against such contaminated property or contaminated site or recovered by other actions allowed by law.
(Ord. 2015-6-15, passed 6-15-2015)