As used in this chapter:
COMMUNITY ORGANIZATION. A citizen's group, neighborhood association, neighborhood development corporation, or similar organization that:
(1) Has specific geographic boundaries defined in its bylaws or articles of incorporation and contains at least 40 households within those boundaries;
(2) Is a nonprofit corporation that is representative of at least 25 households or 20% of the households in the community, whichever is less;
(3) Is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;
(4) Has been incorporated for at least two years; and
(5) Is exempt from taxation under section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.
CONTINUOUS ENFORCEMENT ORDER. An order that:
(1) Is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional:
(a) Compliance and abatement authority; or
(b) Orders for the same or similar violations;
(2) Authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement;
(3) Can be enforced, including assessment of fees and costs, without the need for additional notice or hearing; and
(4) Authorizes the enforcement authority to assess and collect ongoing costs for continuous enforcement order activities from any party that is subject to the enforcement authority's order.
DEPARTMENT. Refers to the executive department authorized by ordinance to administer this chapter.
ENFORCEMENT AUTHORITY. Refers to the chief administrative officer of the department, except in a consolidated city.
HEARING AUTHORITY. Refers to a person or persons designated as such by the executive of a city or county, or by the legislative body of a town. An employee of the enforcement authority may not be designated as the hearing authority.
KNOWN OR RECORDED FEE INTEREST, LIFE ESTATE INTEREST, OR EQUITABLE INTEREST OF A CONTRACT PURCHASER. Any fee interest, life estate interest, or equitable interest of a contract purchaser held by a person whose identity and address may be determined from:
(1) An instrument recorded in the recorder's office of the county where the unsafe premises is located;
(2) Written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority); or
(3) A review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable.
KNOWN OR RECORDED SUBSTANTIAL PROPERTY INTEREST. Any right in real property, including a fee interest, a life estate interest, a future interest, a mortgage interest, a lien as evidenced by a certificate of sale issued under I.C. 6-1.1-24, or an equitable interest of a contract purchaser, that:
(1) May be affected in a substantial way by actions authorized by this chapter; and
(2) Is held by a person whose identity and address may be determined from:
(a) An instrument recorded in:
1. The recorder's office of the county where the unsafe premises is located; or
2. The office of the county auditor of the county where the unsafe premises are located in the case of a lien evidenced by a certificate of sale issued under I.C. 6-1.1-24;
(b) Written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority); or
(c) A review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser.
UNSAFE BUILDINGS OR UNSAFE PREMISES. Means:
(1) A building or structure, or any part of a building or structure, that is:
(a) In an impaired structural condition that makes it unsafe to a person or property;
(b) A fire hazard;
(c) A hazard to the public health;
(d) A public nuisance;
(e) Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
(f) Vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;
Is considered an unsafe building.
(2) For purposes of this chapter, the following are considered unsafe premises:
(a) An unsafe building and the tract of real property on which the unsafe building is located.
(b) A tract of real property, not including land used for production agriculture, that does not contain a building or structure or contains a building or structure that is not considered an unsafe building, if the tract of real property is:
1. A fire hazard;
2. A hazard to public health;
3. A public nuisance; or
4. Dangerous to a person or property because of a violation of a statute or an ordinance.
(Ord. 2020-OR-016, passed - -20)