(A) If the owner fails to comply with an order to remove or demolish a building, the Building Inspector may cause the building to be removed or demolished. However, the duties of the Building Inspector shall not be exercised until the Board of Public Works and Safety has ordered the Building Inspector to proceed to effectuate the purposes of this chapter with respect to the particular property or properties which the Building Inspector has found to be unfit for human habitation or dangerous, and this property or properties shall be described in the order.
(B) The cost of repairs, alterations, improvements, vacating, closing, or removal by the Building Inspector shall be a lien against the real property and all materials thereto attached upon which the costs were incurred.
(1) The costs shall be placed upon the city’s tax books as a lien against the property and may be foreclosed in any manner the city may determine.
(2) If a building or dwelling is removed or demolished by the Building Inspector, whenever any order requiring this action has become final and within 72 hours thereafter, any owners or others having an interest in the building or dwelling shall have the prior right and may elect in writing either to retain any of the materials salvaged from the work by paying the cost of all liens thereon, or may elect to have all or any part thereof removed by the city and either sold with the amount received credited on the cost of the work, or used in connection with the work required by the order.
(C) Upon failure of the owner to exercise this option, the Building Inspector shall dispose of all materials salvaged from the removal or demolition by selling the materials and crediting the proceeds of the sale against the cost of removal or demolition.
(1) Any balance remaining over and above the cost of demolition or removal shall be deposited in a continuing fund established by the city for such purposes, and the remaining balance shall be paid to the owner from the fund in the same manner as any payment may be made by the city, in accordance with state law.
(2) However, the Building Inspector may elect to leave the salvaged materials on the premises for disposal by the owner.
(`81 Code, § 153.07) (Ord. 1486, passed 1-5-70) Penalty, see § 10.99
Statutory reference:
Demolition, repair, and contingent fund; lien, see I.C. 36-7-9-15