(A) There is hereby established in the operating budget of the town a fund designated as the Unsafe Building Fund.
(1993 Code, Title I, Art. 9, § 1)
(B) Any balance remaining in the Unsafe Building Fund at the end of a fiscal year shall be carried over in such Fund for the following year and shall not revert to the General Fund.
(1993 Code, Title I, Art. 9, § 2)
(C) Money for the Unsafe Building Fund may be received from any source, including appropriations by local, state, or federal governments, and donations. The following money shall be deposited in the Fund:
(1) Money received as payment for or settlement of obligations or judgments established under §§ 31.40 to 31.42 or under I.C. 36-7-9;
(2) Money received from bonds posted under §§ 31.40 to 31.42 or under I.C. 36-7-9; and
(3) Money received in satisfaction of receivers’ notes or certificates that were issued under §§ 31.40 to 31.42 of the municipal code or under I.C. 36-7-9 and were purchased with money from the Unsafe Building Fund.
(1993 Code, Title I, Art. 9, § 3)
(D) Money in the Unsafe Building Fund may be used for the expenses incurred in carrying out the purposes of §§ 31.40 to 31.42 including:
(1) The cost of obtaining reliable information about the identity and location of each person who owns a substantial property interest in unsafe premises;
(2) The cost of an examination of an unsafe building by a registered architect or registered engineer not employed by the Commissioner of Buildings;
(3) The cost of surveys necessary to determine the location and dimensions of real property on which an unsafe building is located;
(4) The cost of giving notice of orders, notice of statements of rescission, notice of continued hearing, and notice of statements that public bids are to be let in the manner prescribed by §§ 31.40 to 31.42;
(5) The bid of work by a contractor under §§ 31.40 to 31.42;
(6) The cost of emergency action under §§ 31.40 to 31.42; and
(7) The cost of notes or receivers’ certificates issued under §§ 31.40 to 31.42.
(1993 Code, Title I, Art. 9, § 4)
(E) UNSAFE BUILDING DEPARTMENT and ENFORCEMENT AUTHORITY shall refer to the Town Marshal (the executive of the town’s Police Department), the Building Commissioner, or Town Inspector, and any authorized agents or assigns thereof. The enforcement authority shall be responsible for the administration and enforcement of the Unsafe Building Law, consistent with this code and I.C. 36-7-9.
(F) The definition of SUBSTANTIAL PROPERTY INTEREST in I.C. 36-7-9-2 hereby is adopted and incorporated by reference.
(G) HEARING AUTHORITY shall refer to the Town Council. The Hearing Authority shall be responsible for conducting hearings and making determinations of whether to affirm, deny, or modify, in whole or in part, any order or action of the Enforcement Authority for which a hearing is required, requested by a person with a substantial property interest, or otherwise indicated, consistent with this code and I.C. 36-7-9.
(H) The basis for a finding that a structure is an unsafe building or that a real estate parcel is an unsafe premises outlined in I.C. 36-7-9-4 hereby are adopted and incorporated by reference.
(I) I.C. 36-7-9 hereby is adopted and incorporated by reference.
(Ord. 2014-03, passed 4-8-2014)