Town of Rosedale, Indiana
ADOPTING THE UNSAFE BUILDING AND PROPERTY LAW
NOW, THEREFORE, be it ORDAINED, by the Rosedale Town Council as follows:
- 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.
- 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.
- 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.
- As used in this chapter, the following terms shall have the following meanings unless clearly contrary to the context:
- “Enforcement Authority” means the Rosedale Town Marshal.
- “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.
- “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.
- “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.
- “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:
- a fire hazard;
- 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.
- “Unsafe Building or Structure” means any building or structure, or any part of a building or structure, that is:
- in an impaired structural condition that makes it unsafe to a person or property;
- a f1re hazard;
iii. a hazard to public health;
- a public nuisance;
- v. dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
- 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;
- The enforcement authority is authorized to issue an order requiring action relative to any unsafe premises including:
- vacating of an unsafe building;
- sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by ordinance;
- extermination of vermin in and about the unsafe premises;
- removal of trash, debris, fire hazardous material, or a public health hazard in and about the unsafe premises;
- 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;
- demolition and removal of part of an unsafe building;
- demolition and removal of an unsafe building if:
- the general condition of the building warrants removal; or
- the building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and
- requiring, for an unsafe building that will be sealed for a period of more than ninety (90) days:
- sealing against intrusion by unauthorized persons and the effects of weather;
- 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;
- The order must contain the following:
- The name of the person to whom the order is issued.
- The legal description or address of the unsafe premises that are the subject of the order.
- The action that the order requires.
- 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.
- 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.
- 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.
- g. A statement briefly indicating what action can be taken by the enforcement authority if the order is not complied wi
- 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.
- 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.
- 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.
- 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.
- 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.
- The manner of performance of work, including bids and notifications, must be in accordance with IC 36-7-9-11.
- 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 .
- An unsafe building fund is hereby established in accordance with the provisions of IC 36-7-9-14.
- 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.
- 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).
- 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:
- remain in, use or enter a building in violation of this chapter;
- knowingly interfere with or delay the carrying out of an order made under this section;
- knowingly obstruct, damage or interfere with persons engaged or property used in performing any work or duty under this chapter;
- fail to comply with IC 36-7-9-27 regarding information on transfers of property interest.
- 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.
- 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