(A) Whoever shall violate any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99.
(B) If any person, firm or corporation shall violate any of the provisions of §§ 150.20 et seq., shall do any act prohibited herein, shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of this code for each such violation, failure or refusal, such person, firm or corporation shall be fined in any sum not less than $25 or nor more than $500. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.
(C) Any person who shall prevent or attempt to prevent the posting of any notice, or who shall remove or deface any notice posted upon any building or structure, or appurtenance thereto, as provided for in this subchapter, without written permission of or when acting for the Building Inspector; who shall remain in, use or enter any such building or structure in violation of any order thereon as provided in this subchapter; or who shall willfully refuse to comply with, or shall willfully interfere with or delay the carrying out of any order finally effective and authorized by this subchapter and I.C. 36-7-9-1; or who shall violate any other provision of this subchapter or Indiana law by willfully obstructing, delaying, damaging, injuring or interfering with any persons engaged or property used in performing any work or duty under or authorized by this subchapter and Indiana law or under and pursuant to any other pertinent laws shall, in any and each such instance, be deemed guilty of a Class C infraction pursuant to I.C. 36-7-9-28(4), and upon conviction thereof, shall be fined in any sum not exceeding $500, and each day that any such violation shall continue to exist or such distinct repetition of any such violation shall constitute a separate offense.
(1) An owner of a property that remains a vacant structure or an abandoned structure for at least 90 consecutive calendar days may be liable for a civil penalty in the amount of $500 per vacant structure or abandoned structure, not to exceed $5,000 per structure per year, unless:
(a) Documentation has been filed and approved by the town that indicates the owner’s intent to eliminate the vacant structure or abandoned structure status of the property;
(b) The owner is current on all property taxes and special assessments; and
(c) At least one of the following applies:
1. The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order;
2. The structure is:
a. Maintained in compliance with this chapter; and
b. Actively being offered for sale, lease, or rent; or
3. The owner can demonstrate that the owner made a diligent and good faith effort to implement actions approved by the enforcement authority.
(2) If the structure continues to remain a vacant structure beyond the initial 90 days described in division (E)(1) above and the owner does not meet any of the exceptions set forth in this section, the enforcement authority may continue to assess penalties each year on each structure in the following amounts:
(a) One thousand dollars for the second 90 calendar day period each structure remains a vacant structure or an abandoned structure;
(b) One thousand five hundred dollars for the third 90 calendar day period each structure remains a vacant structure or an abandoned structure; and
(c) Two thousand dollars for the fourth and each subsequent 90 calendar day period thereafter each structure remains a vacant structure or an abandoned structure.
(Ord. 271, passed 8-16-1988; Am. Ord. 328, passed 8-17-1993; Am. Ord. 507, passed 4-20-2006; Ord. 715, passed 2-18-2014)