§ 14-328. Orders; contents; notice; expiration

(a) The building commissioner may issue an order requiring action relative to any unsafe premises, including:

(1) Vacating an unsafe building;

(2) Sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by ordinance;

(3) Extermination of vermin in and about the unsafe premises;

(4) Removal of trash, debris, or fire hazardous material in and about the unsafe premises;

(5) Repair or rehabilitation of an unsafe building to bring it into compliance with standards for building condition or maintenance required for human habitation, occupancy, or use by a statute, a rule adopted under IC 4-22-2, or the town building code;

(6) Removal of part of an unsafe building;

(7) Removal of an unsafe building; and/or

(8) Requiring, for an unsafe building that will be sealed for a period of more than 90 days:

a. Sealing against intrusion by unauthorized persons and the effects of weather;

b. Exterior improvements to make the building compatible in appearance with other buildings in the area; and

c. Continuing maintenance and upkeep of the building and premises in accordance with the standards established by the town building code. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.

(b) The order shall contain:

(1) The name of the person to whom the order is issued;

(2) The legal description or address of the unsafe premises that are the subject of the order;

(3) The action that the order requires;

(4) The period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given;

(5) If a hearing is required pursuant to this division, a statement indicating the exact time and place of the hearing, and stating that a person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross examine opposing witnesses, and present arguments;

(6) If a hearing is not required, a statement that an order under subsection (a)(2), (3), (4) or (5) of this section becomes final ten days after notice is given, unless a hearing is requested in writing by a person holding a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises, and the request is delivered to the building commissioner or clerk-treasurer before the end of the ten-day period;

(7) A statement briefly indicating what action can be taken by the building commissioner or clerk-treasurer if the order is not complied with;

(8) A statement indicating the obligation created by section 14-343, relating to notification of subsequent interest holders and the building commissioner; and

(9) The name, address and telephone number of the building commissioner and clerk-treasurer.

(c) The order must allow a sufficient time, of at least ten days from the time when notice of the order is given, to accomplish the required action. If the order allows more than 30 days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within 30 days.

(d) Any such order expires two years from the day the notice of the order is given, unless one or more of the criteria set forth in IC 36-7-9-5(d)1—3 are satisfied.

(Ord. No. 2002-03, § 3, 9-24-2002)