Ordinance 2019-5

ORDINANCE 2019-5

Town of Rosedale, Indiana

ADOPTING THE UNSAFE BUILDING AND PROPERTY LAW

NOW, THEREFORE, be it ORDAINED, by the Rosedale Town Council as follows:

1. The Town  of Rosedale hereby adopts  Indiana Code Chapter 36-7-9-1  through 36-7-8-28 (collectively  “State  Code”),   which  establishes  the  Indiana  Unsafe  Building  Law,  and explicitly incorporates  by reference the definition of “substantial  property interest” found in  Indiana   Code  Section  36-7-9-2.  All proceedings within the  municipality,  for  the inspection, repair and removal of unsafe buildings shall be governed by the State Code and by the provisions of this chapter. In the event the provisions of this chapter conflict with the State Code, then the provisions of the State Code shall control. The building standards and rules of the Indiana Fire Prevention  and Building Safety Commission, as set forth in the Indiana  Code and  in  the  Indiana  Administrative  Code, are adopted  as the  building standards and rules for matters considered under this chapter.
2. The Rosedale Town  Marshal shall be the executive department  authorized  to administer the  Unsafe  Building Law and  to  order  the  repair  or  removal  of  unsafe  buildings and structures in accordance with the procedures set forth or incorporated  in this ordinance.
3. All buildings, structures (including portions thereof) or tracts of land which are determined after inspection  by the enforcement  authority  to be unsafe, as defined in this ordinance, are hereby declared to  be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.
4. As used in  this chapter,  the  following terms  shall have the  following meanings  unless clearly contrary to the context:
5. “Enforcement Authority” means the Rosedale Town Marshal.
6. “Hearing  Authority”  means  the  Rosedale  Town  Council,  or  whomever   they  may designate under  the authority  of I.C. 36-7-9-2.    The  hearing authority  shall perform those functions specified by State Statute.
7. “Sealing a  Building or  Structure”  means  padlocking  the  entries  to  the  building or structure  and posting the building or structure  with a notice that forbids entry to the building or  structure  and  securing all other  entry points  to the building or  structure from entry as prescribed by the enforcement authority.
8. “Substantial Property Interest”  means 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 present possessory interest or an equitable interest of a contract purchaser.
9. “Unsafe Premises” means an unsafe building or structure and the tract of real property on which the unsafe building or structure is located.   It also includes a tract of real property  that does  not  contain  a building or  structure  (not  including land  used for production  agriculture) if the tract is:
10. a fire hazard;
11. a hazard to public health;

iii. a public nuisance; or

ii v dangerous  to  a person  or  property  because  of  a violation  of  a statute  or  an ordinance.

1. “Unsafe Building or Structure”  means  any  building  or  structure,  or  any  part  of  a building or structure, that is:
2. in an impaired structural condition that makes it unsafe to a person or property;
3. a f1re hazard;

iii. a hazard to public health;

1. a public nuisance;
2. v. dangerous to  a  person  or  property  because  of  a  violation  of  a  statute  or ordinance concerning building condition or maintenance; or
3. vi. vacant or blighted  and  not  maintained in a manner  that  would  allow human habitation, occupancy, or use under the requirements of a statute or ordinance;
4. The enforcement authority is authorized to issue an order requiring action relative to any unsafe premises including:
5. vacating of an unsafe building;
6. sealing an unsafe building against intrusion  by unauthorized persons, in accordance with a uniform standard established by ordinance;
7. extermination of vermin in and about the unsafe premises;
8. removal of trash, debris, fire hazardous  material, or a public health  hazard in and about the unsafe premises;
9. 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 an ordinance;
10. demolition and removal of part of an unsafe building;
11. demolition and removal of an unsafe building if:
12. the general condition of the building warrants removal; or
13. the building continues to  require  reinspection  and  additional  abatement action after an initial abatement action was taken pursuant to notice and an order; and
14. requiring, for  an  unsafe  building that  will be sealed for  a period  of  more  than ninety (90) days:
15. sealing against intrusion   by  unauthorized   persons   and   the  effects  of weather;
16. ii. exterior improvements to make the building compatible in appearance with other buildings in the area; and

iii. continuing maintenance and upkeep of the building and premises;

6. The order must contain the following:
7. The name of the person to whom the order is issued.
8. The legal description  or address of the unsafe premises that are the subject of the order.
9. The action  that the order requires.
10. 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.
11. If a hearing is  required, a statement  indicating  the exact time and  place of  the hearing and stating that 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.
12. If a hearing is not  required, a statement  that an  order  under  subsection   (5)(b), (5)(c), (5)(d), or  (5)(e) becomes  final ten  (10) 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 enforcement authority before the end of the ten (10) day period.
13. g. A  statement   briefly indicating  what  action  can  be  taken  by  the  enforcement authority if the order is not complied wi
14. A statement indicating the obligation to provide notification of subsequent interest holders and the enforcement authority in the event of a sale of the real estate.
15. The name, address, and telephone number of the enforcement authority.

j· A  statement   that   the   hearing  authority   may  determine   the   property   to   be abandoned as provided in IC 36-7-37.

7. An order that requires demolition and removal of all or part of a building or structure requires notification to each person having a substantial property interest in the unsafe premises. For other orders issued, notification shall be provided to the owner of the real estate as indicated by the records of the Parke County Auditor. All notifications shall be made in accordance with IC 36-7-9-25.
8. Hearing and review by the Hearing Authority are provided as set forth in IC 36-7-9-7 and IC 36-7-9-8. A hearing is required to carry out an order to demolish and remove all or part of an unsafe building. A hearing and review shall be provided for other types of orders if requested within the time provided.
9. Emergency action in order to protect life, safety or property may be taken without issuing an order or giving notice but shall be taken in accordance with IC 36-7-9-9. The action is limited to the abatement of any immediate danger.
10. The manner of  performance of  work,  including bids  and  notifications, must  be  in accordance with IC 36-7-9-11.
11. The cost of the work performed under this chapter shall be the responsibility of  the persons that hold fee interests or life estates in the unsafe premises. Unpaid costs are subject to the procedure in IC 36-7-9-13 and 13.5, and may result in a judgment against the real or personal property of the persons who are responsible for the costs and/or placed as a special assessment against the real property by the Parke County Auditor .
12. An unsafe building fund is hereby established in accordance with the provisions of IC 36-7-9-14.
13. The enforcement authority may obtain an inspection warrant from the Court in cases when the owner or possessors refuse the authority permission to inspect as provided in IC 36-7-9-16.
14. The enforcing authority may request the Town Attorney to bring a civil action in the Parke Circuit Court seeking remedies authorized in IC 36-7-9-19 and IC 36- 7-9-22, including a request to the Court for forfeiture up to One Thousand Dollars ($1,000.00).
15. It shall be a violation of this chapter with a fine not to exceed Five Hundred Dollars ($500.00) for each offense (but with each day  the  violation continues  constituting a separate offense) for a person to:
16. remain in, use or enter a building in violation of this chapter;
17. knowingly interfere with or delay the carrying out of an order made under this section;
18. knowingly obstruct, damage or interfere with persons engaged or property used in performing any work or duty under this chapter;
19. fail to  comply with IC  36-7-9-27 regarding information  on  transfers of  property interest.
20. Should any section, paragraph, sentence, clause, or any other portion of this ordinance be declared  by a court of competent  jurisdiction to be invalid for any reason, the remaining provisions shall not be affected, if and only if, such remaining provisions can, without the invalid provision or provisions, be given the effect intended  by the council in adopting  this ordinance.  To this end the provisions of this ordinance are severable.
21. 1 This ordinance shall be in full force and effect upon adoption and publication as required by law.

Passed on 1st reading the April 9, 2019. Adopted following a 1st reading the 9th day of April, 2019.

John McMullen, Member

John McGlynn, Member

Ken Kirchoff, Member

Carol A. Brown, Member

Rebecca Bailey, Member

Attest:

Natalie Montgomery

Clerk-Treasurer