a. The Unsafe Building Department may cause the action required by an order to be performed by a contractor if the following has occurred:
1. An order has been issued to each person having a substantial property interest in the unsafe premises; and
2. Service of an order in the manner provided by Section 6-87 has been made on each person having a substantial property interest in the unsafe premises which are the subject of the order, and
3. Each of the orders has been affirmed or modified at hearing in such manner that all persons having a substantial property interest in the unsafe premises which are the subject of each of the orders are currently subject to an order requiring the accomplishment of substantially identical actions; and
4. The order, as affirmed or modified at the hearing, has not been complied with, or, having once been complied with, is not now being complied with; and
5. The order is not being reviewed in accordance with Section 6-89.
b. This work may be performed in the following manner:
1. If the cost of this work is estimated to be less than five thousand dollars ($5,000.00), the Unsafe Building Department, acting by and through its own workmen and equipment owned or leased by it, may perform the work. Notice that this works is to be performed shall be given to all persons with a substantial property interest, in the manner provided in subsections 'c' and 'd' of this section at least ten (10) calendar days before the date of performance of the work by the Unsafe Building Department. This notice shall include a statement that an amount representing a reasonable estimate of the cost incurred by the Unsafe Building Department in processing the matter and performing the work, may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises.
2. If the estimated cost of this work is five thousand dollars ($5,000.00) or more, this work shall be let out at public bid to a contractor licensed and duly qualified under the laws of the State of Indiana and any applicable Town ordinances. The obligation to pay costs imposed by Section 6-95 is based on the condition of the unsafe premises at the time the public bid is accepted. Changes occurring in the condition of the unsafe premises after public bid was accepted shall not eliminate or diminish this obligation.
Bids may be solicited and accepted for work on more than one property if the bid reflects an allocation of the bid amount among the various unsafe premises in proportion to the work to be accomplished. The portion of the bid amount attributable to each of the unsafe premises shall constitute the basis for calculating the portion of the costs defined under Section 6-95.
c. All persons who have a substantial property interest in the unsafe premises and are subject to an order of the Unsafe Building Department shall be notified about the public bid in accordance with Section 6-87 by means of written statement, which shall include the following information:
1. The name of the person to whom the order was issued;
2. A legal description or address of the unsafe premises that are the subject of the order;
3. A statement that a contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order;
4. A description of work to be accomplished;
5. A statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the Unsafe Building Department in processing the matter of unsafe premises may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises;
6. A statement that the owner has the right to elect in writing within a period of five (5) calendar days to retain any or all materials salvaged from the work;
7. The time of the bid opening;
8. The place of the bid opening;
9. The name, address and telephone number of the Unsafe Building Department.
d. If service of the notice of statement that public bids are to be let is by publication, the publication shall include the information provided for in Subsection `c' except that it need only include a general description of the work to be accomplished. The publication also shall include a statement that a copy of the statement of public bid may be obtained from the Unsafe Building Department.
e. Notice of the statement that public bids are to be let shall be given to all persons having a substantial property interest in the property and are subject to an order of the Unsafe Building Department at least ten (10) calendar days before the date of the public bid.
f. Persons having a substantial property interest in the unsafe premises which are the subject of a statement that public bids are to be let may, as their interest allows, within a period of five (5) calendar days after they have received notice of such statement, elect by sending a statement in writing to the Unsafe Building Department to retain any or all of the materials resulting or salvaged from such work. In the absence of such statement, the Unsafe Building Department may decide the method of disposal of such materials.
g. If action in accordance with this Section is being taken on the basis of an order which was served by publication, it shall be sufficient to serve the statement that the Unsafe Building Department, acting by and through its agents, intends to perform the work or that public bids are to be let by publication unless the Unsafe Building Department has received information in writing that would enable it to make service in accordance with Section 6-87 'b' a method other than publication.
(Ord. No. 1001, § 17, 2-12-86)