When action required by an order is performed by the Unsafe Building Department, acting by and through its agents, or by a contractor in accordance with Section 6-94 each person who held a fee interest or life estate interest in the unsafe premises, from the time when the order requiring the work performed was recorded to the time that the work was completed, shall be jointly and severally responsible for the following costs:
a. The actual cost of the work performed by the Unsafe Building Department, acting by and through its agents, or the bid price of work accomplished by the contractor in accordance with Section 6-94.
b. An amount which represents a reasonable forecast of the average processing expense which will be incurred by the Unsafe Building Department in taking all the technical, administrative and legal actions relative to a typical unsafe premises which are necessary under this ordinance, so that the action required by an order may be performed by a contractor in accordance with Section 6-94. In calculating the amount of the average processing expense, the following costs may be considered:
1. The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises;
2. The cost of notice of orders, notice of statements of rescission, notice of continued hearing, and notice of statements that public bids are to be let or that the Unsafe Building Department, acting by and through its agents, intends to accomplish the work and notice that a hearing may be held on the amounts indicated in the record in accordance with Section 6-87;
3. Salaries for employees;
4. The cost of supplies, equipment and office space.
The amount of such average processing expense shall be determined by the Unsafe Building Department at a public hearing after notice has been given in the same manner as is required for other official action of the Unsafe Building Department. In determining such average processing expense, it shall be acceptable to fix the amount at a full dollar amount, which is an even multiple of ten (10).
c. If all or any part of the actual costs incurred by the Unsafe Building Department, acting by and through its agents, or the bid price and the applicable average processing expense remain unpaid relative to any unsafe premises, other than unsafe premises owned by a government, after a period of fifteen (15) days has elapsed after the completion of the work, and if the Administrator of the Unsafe Building Department, in his discretion, determines that there is a reasonable probability of obtaining recovery, the Unsafe Building Department shall prepare a record which shall state the following:
1. The name and last known address of each person who held a fee interest or life estate interest in the unsafe premises from the time the order requiring the work to be performed was recorded to the time that the work was completed;
2. The legal description or address of the unsafe premises that were the subject of the work;
3. The nature of the work that was accomplished;
4. The amount of the unpaid bid price of the work that was accomplished;
5. The record of the unpaid average processing expense.
This record shall be in form prescribed by or approved by the State Board of Accounts. The Unsafe Building Administrator shall swear to the accuracy of the record prepared before the Clerk of the Circuit Court and shall thereupon deposit the record in the Office of the Clerk of the Circuit Court. Notice that the record has been filed and that a hearing on the amounts indicated in the record may be held, shall be sent to the person or persons named in the record, as provided in Section 6-87. If, within thirty (30) days of that notice, the Clerk of the Circuit Court has received a written petition from the person named in the record, objecting to the claim for payment and requesting a hearing, the Clerk of the Circuit Court shall enter the cause on the Docket of the Circuit or Superior Court as a civil action and a hearing on the question shall be held pursuant to the provisions of Indiana Code, § 4-22-1 (§ 4-22-1-1-4-22-1-30). However, issues that could have been determined pursuant to Section 12 of this ordinance shall not be entertained at the hearing. At the conclusion of the hearing on the petition, the Court shall either sustain the petition or enter a judgment for the amounts recorded or for modified amounts against the person or persons named in the record. If no petition is received at the end of thirty (30) days after notice to the person or persons named in the record, the Clerk of the Circuit Court shall enter the cause on the Docket of the Court and the Court shall enter a judgment for the amounts stated in the record which shall constitute a debt and be a lien on all the real and personal property of the person named or the joint and several debt and lien on the real and personal property of the persons named. Such lien on any real property shall be perfected as against all creditors and purchasers when the judgment is entered on the judgment docket of the Court. Such lien on personal property shall be perfected by filing a lis pendens notice in the appropriate filing office as prescribed in Trial Rule 63.1 of the Indiana Rules of Trial Procedure. Any judgments rendered under this Section may be enforced in the same manner as all other judgments are enforced.
(Ord. No. 1001, § 18, 2-12-86)