(A) In the event the owner or affected person with legal interest does not agree with the Rushville Unsafe Building Board’s findings and orders, the owner or affected person with legal interest shall have the right to appeal the decision of the Rushville Unsafe Building Board to the Rush County Circuit or Superior Court by initiating an action within 30 days from the date of the Board’s order.
(B) In the event the owner or affected person with legal interest does not agree with the Board’s findings, and order, the Rushville Unsafe Building Board may seek enforcement of the order by filing an action in the Rush County Circuit or Superior Court to enforce its findings and order by judicial decree. The judicial review provided herein, shall not be a trial de novo except that the court may, at the court’s discretion, allow additional evidence as the court deems appropriate and necessary.
(C) In the event the owner or affected person with legal interest does not agree with the Board’s findings and order, and in the event either party seeks intervention of the court, remedial action shall not be required until the judicial proceedings are completed, or the court enters an order directing remedial action.
(D) In the event an owner or affected person with legal interest does not undertake remedial action as required by the Board’s findings and order, or a judicial determination thereon, the City of Rushville may take remedial action, as necessary, and pursue an action, at law, against the owner or affect person with legal interest for the cost necessitated thereby. Any cost and expenses incurred by the City of Rushville for remedial action under this subchapter shall become a lien against the subject property with or without judicial decree/judgment.
(Ord. 2015-03, passed 4-7-2015)