The Unsafe Building Department may initiate a civil action in the Circuit or Superior Court of Lake County with regard to an unsafe premises. Costs of such an action shall not be borne by either the Unsafe Building Department, or the Town of Schererville. The Circuit or Superior Court may, as is appropriate, grant one or more of the following kinds of relief in such an action:
a. If the following is shown, grant a mandatory or prohibitory injunction against any person that will cause the order to be complied with:
1. An order was issued to the person but this order does not need to set a hearing date;
and
2. The person has a property interest in the unsafe premises that is the subject of the order that would allow the person to take the action required by the order, and
3. The building which is the subject of the order is an unsafe building; and
4. The order is not being reviewed in accordance with Section 6-89.
b. Impose a civil forfeiture not to exceed One Thousand ($1,000.00) Dollars against any person if the provisions of Subsection (a) of this Section are shown.
No forfeiture shall be imposed which is substantially less than the cost of complying with the order unless such cost exceeds One Thousand ($1,000.00) Dollars. The effective date of such forfeiture may be postponed for a period not to exceed thirty (30) days after which the Court may order forfeiture reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done.
On request of the Unsafe Building Department, the Court shall enter a judgment in the amount of the civil forfeiture. In any instance, where there is more than one (1) party defendant, the civil forfeiture shall be separately applicable to each defendant.
The amount of any civil forfeiture which is collected shall be deposited in the Unsafe Building Fund.
c. Appoint a receiver as provided in Section 6-93.
This issuance of an order relative to such unsafe premises is not a prerequisite to the appointment of a receiver. If an order has been issued relative to such unsafe premises, it shall not prevent the appointment of a receiver.
In any case in which the Unsafe Building Department requests the appointment of a receiver, all persons having a substantial property interest in the unsafe premises shall be made party defendants.
d. If the following is shown, authorize the Unsafe Building Department to cause the action required by the order to be performed by a contractor licensed and qualified under applicable State law and municipal ordinances:
1. An order was issued to each person having a substantial property interest in the unsafe premises; and
2. Each of the orders has been affirmed or modified at a 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
3. 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
4. The building which is the subject of the order is an unsafe building; and
5. The order is not being reviewed in accordance with Section 6-89.
In any case in which the Unsafe Building Department requests authority to cause the action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.
The cost of accomplishing the work and the processing expenses incurred by the Unsafe Building Department computed in accordance with the provisions of Section 6-95 both may, after a hearing, be entered by the Court as a judgment against persons having a fee interest or life estate interest in the unsafe premises.
e. Set a hearing to be held within ten (10) days of the filing of a complaint alleging the existence of an unsafe premises presenting an immediate danger to the health and safety of the surrounding community which is sufficient to warrant emergency action. Upon a finding at the hearing in favor of the Unsafe Building Department, the Court may either:
1. Authorize the Unsafe Building Department to cause the action necessary to make the premises safe (which may include any action described under Section 6-82) to be immediately performed by a contractor licensed and qualified under applicable State law and municipal ordinances; or
2. Authorize the Unsafe Building Department to cause the action necessary to make the premises safe (which may include any action described under Section 6-82 to be immediately performed by a contractor licensed and qualified under applicable State law and municipal ordinances after defendants have had a reasonable time, as established by the Court, to make the unsafe premises safe and have failed to accomplish completely the necessary action. In granting relief under this Subparagraph (2), the Court shall set a date certain for the completion of the necessary action and shall hold a hearing within ten (10) days thereafter to determine whether the necessary action has been accomplished completely.
The issuance of an order relative to such unsafe premises is not a prerequisite to the authorization by the Court to cause action to be performed on the unsafe premises. If an order has been issued relative to such unsafe premises, it shall not prevent the authorization by the Court to cause action to be performed on the unsafe premises.
In any case in which the Unsafe Building Department requests authority to cause action on the unsafe premises to be performed by a Contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.
(Ord No. 1001, § 21, 2-12-86)