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HomeMy Public PortalAbout100-1979 - ORDINANCE TO ADOPT AS PART OF THE MUNICIPAL CODE OF THE CITY AND UNSAFE BUILDING LAW AS PROVIDED IN IC 18-5-5-5-1AMENDED GENERAL ORDINANCE NO. 100-1979 AN ORDINANCE TO ADOPT AS PART OF THE MUNICIPAL CODE OF THE CITY OF RMINIOND, WAYNE COUNTY, INDIANA, AN UNSAFE BUILDING LAW AS PROVIDED IN IC 18-5-5.5-1 OF THE LAWS OF THE STATE OF INDIANA. WHEREAS, there exist certain structures in the City of Richmond that are unsafe; and WHEREAS, there does not now exist an adequate ordinance to require the . wrecking and removal of unsafe buildings, or to enforce the elimination of an unsafe condition of said building; and WHEREAS, it is necessary to the health, safety, and welfare of the people of the City of Richmond to eliminate such unsafe conditions; NOW THEREFORE BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF RICHMOND, WAYNE COUNTY, INDIANA: SECTION 1. (a) That pursuant to IC 18-5-5.5-1 (b) of the laws of the State of Indiana this ordinance is adopted. (b) That the enforcement and administration of this ordinance shall be done by the Building Commissioner of the City of Richmond, Indiana. SECTION 2. (a) That wherever the words "Department of Metropolitan Develop - or "department" are used therein they shall mean the Board of Public and Safety of the City of Richmond, Indiana. (b) That as used in this ordinance, unless the context clearly indicates otherwise:' Cl) "Order"-, shall mean any written directive issued by the Building Commissioner in accordance with section 3 of this ordinance. (2) "Person" shall mean any entity capable of holding an interest in real estate, inking (by way of example and not of limitation) indiv- iduals and corporations. (3) "Substantial pTo ert interest" shall mean any right in real susceptib e oTEeing allected in a substantial way by actions zed by this ordinance, including a fee or future interest, life interest, present possessory interest, or equitable interest of a t purchaser. In this city, the interest reflected by a lease, license, mort- , land sale contract:= lien shall not be deemed a substantial property rest unless the lease, license, mortgage, land sale contract,;,. -lien or ence of the same is either: Cl) recorded in the office of the county recorder; or (2) the subject of written information received by the Building "omnissioner about the lease, license, mortgage, land sale contract, or lien, which includes the name and address of the holder of such interest. (4) "Unsafe building' shall mean any building or structure, or any part thereof;7IFF is in an impaired structural condition or state which renders it unsafe or dangerous to any person or property or is a fire hazard; or is a hazard to the public health; or is a public nuisance; or does not comply with standards for building condition or maintenance, the violation of which would be dangerous to any person or property, found in any ordinance enacted by the city council or in a state law. The definition of an unsafe building contained in Indiana Code 18-5-5.5-2 (h) is •hereby supplemented to provide minimum standards for building condition or maintenance by adding the following to said definition: Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered. (1) Whenever any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. (2) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for new buildings of similar struct- ure, purpose, or location. (3) Whenever any portion thereof has been damaged by fire, earth- quake, wind,flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location. (4) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property. (5) Whenever any portion of a building, or any member, appur- tenance, or ornamentation on the exterior thereof is not sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wand pressure of one-half of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings. (6) Whenever any portion thereof has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. (7) Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construc- tion; (3) the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; (4) the deterioration, decay, or inadequacy of its foundation; or (5) any other cause, if likely to partially or completely collapse. (8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (9) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. CIO) Whenever the building or structure, exclusive of the foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. -2- (11) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteri- orated as to become (1) an attractive nuisance to children; (2) a harbor for vagrants, criminals, or immoral persons; (3) as to enable persons to resort thereto for the purpose of committing unlawful or immoral acts. (12) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings. (13) Whenever.. any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any non -supporting part, member, or portion less than fifty percent, or in any supporting part, member, or portion less than sixty-six percent of the (1) strength, (2) fire -resisting qualities or character- istics, or (3) wbather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location. (14) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, in- adequate light, air or sanitation facilities, or otherwise, is deter- mined by the Wayne County Health Department to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sick- ness or disease. (15) Whenever any building or structure, because of obsoles- cence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the fire marshall or Building Commissioner to be a fire hazard. (16) Whenever any building or structure is in such a condition as to constitute a public nuisance ]mown to the common law or equity jurisprudence. (17) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (5) "Unsafe remises" shall mean any unsafe building; or the tract of real estate on which an unsafe building is located; or any unsafe building and the tract of real estate on which the unsafe building is located. SECTION 3. .BlAiding Commissioner -Issuance of orders. The Building Commis- sioner may issue an order relative to any uns a premises to require action, including but not limited to: (1) vacating of an unsafe building; (2) sealing an unsafe building against intrusion by unauthorized persons in accordance with a uniform standard established by the Building Commissioner. (3) extermination of vermin in and about the unsafe premises; (4) repair of an unsafe building to bring it into compliance with standards for building condition or maintenance found in ordinances enacted by the city council or state laws; -3- (5) removal of a portion of an unsafe building; (6) removal of an unsafe building. The ordered action shall be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order shall take precedence over any municipally -issued permit relating to building or land use which is obtained either before or after the order is issued. The force of an order shall expire two (2) years from the day the notice of the order is given unless one or more of the following events occur within such two (2) year period: (1) a complaint requesting judicial review is filed in accordance with section 10 of this ordinance; (2) work is let out at public bid to a contractor to perform action required by an order in accordance with section 15 of this ordinance; (3) a civil action is filed in the circuit or superior court in accordance with section 19 of this ordinance. SECTION 4. Contents of orders. Any order shall contain the following information: (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 which the order requires to be accomplished; (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) a statement indicating the exact time and place of the hearing regarding the order; and that the person to whom the order was issued has a right to appear at the hearing with or without legal counsel and present evidence, cross-examine opposing witnesses, and make argument; (6) a statement briefly indicating what action can be taken by the Building Commissioner if the order is not complied with; (7) a statement indicating the obligation created by section 12 of this ordinance relating to notification of subsequent interest holders and the Building Commissioner; (8) the name, address, and telephone number of the Building Commissioner. The order shall allow sufficient time in which to accomplish the required action. In no case shall less than ten (10) calendar days from the time when notice of the order is given be allowed for compliance with an order. In the instance where more than thirty (30) calendar days are allowed by the order to accomplish the action the order may require that a substantial beginning be made in accomplishing the action within a period of thirty (30) calendar days. SECTION S. Service of orders. If service of the order is by publication, the publication shall include the information required by subsections (1), -4- (2), (4), (5), (6), and (8) of section 4 of this ordinance and also a state- ment indicating generally what action is required by the order and that the exact terms of the order may be obtained from the Building Commissioner. SECTION 6. Modification of orders. The Building Commissioner may issue an order to a person w c has the effect of modifying the order previously issued to that person. If service of the previously issued order was by publication it shall be sufficient to serve the subsequent order by publication unless the Building Commissioner has received information in writing that would enable it to make service in accordance with section 8 of this ordinance by a method other than publication. SECTION 7. Rescission of orders. The Building Commissioner may at any time rescind an or er. persons who have been issued an order shall be noti- fied of its rescission pursuant to section 8 of this ordinance by means of a written statement which shall include the following information: (1) the name of the person to whom the statement of rescission of order is issued; (2) the legal description or address of the unsafe premises that are the subject of the order being rescinded; (3) the substance of order being rescinded; (4) a statement that the order is being rescinded; (5) the name, address, and telephone number of the Building Commissioner. If service of the statement of rescission is by publication, the publication shall include the information provided above. If service of the order being rescinded was by publication it shall be sufficient to serve the statement of rescission by publication unless the Building Commissioner has received information in writing that would enable it to make service in accordance with section 8 of this ordinance by a method other than publication. SECTION 8. Service of orders and statements. (a) Notice of orders (including orders which have the effect of mo i ying a previous order), notice of statements of rescission, notice of continued hearings, notice of statement that public bids are to be let, and notice that a hearing may be held on the amounts indicated in the record shall be given to all persons to whom directed by the following manner of service: (1) sending a copy of the order or statement by registered or certified mail to the residence or place of business or employment of the person to be notified with return receipt requested; or (2) delivering a copy of the order or statement personally to the person to be notified; or (3) leaving a copy of the order or statement at the dwelling house or usual place of abode of the person to be notified. (b) In the event service is not obtained by means described above after reasonable effort, service may be made by publishing a notice of the order or statement at least two (2) times in a newspaper authorized by law -5- to publish notices, which is published in the county where the unsafe premises are located. Publication may be made on consecutive days. (c) When service is made by any of the means described in this section except by mailing or by publication, the person making service shall make an affidavit stating that he has made the service, the manner in which made, to whom the order or statement was issued, the nature of the order or statement, and the date of service. The affidavit shall be placed on file with the Building Commissioner. (d) The time when notice of the order or statement is deemed given is as follows: (1) in case of personal delivery or leaving at the dwelling house or usual place of abode, the day when the order or statement is delivered to the person or left at his dwelling house or usual place of abode; (2) in case of mailing, the date shown on the return receipt, or if no date is shown, the date when the return receipt is received by the Building Commissioner; (3) in the case of publication, the date of the second day that publication was made. SECTION 9. Hearin s - Notice - Procedure. A hearing shall be held relative to each order. The hearing shall a conducted by the Board of Public Works and Safety of the City of Richmond, Indiana.. The president of such Board, however, may designate another person not employed by the Building Commis- sioner to act as his representative to conduct the hearing. The hearing shall be held on a business day no earlier than ten (10) calendar days after notice of the order is given. The Board may, how- ever take action at a hearing to continue the hearing relative to the order so that it will be held on a later business day. Unless the Board takes action to have the continued hearing held on a definite, specified date, notice of the hearing shall be given to the person to whom the order was issued at least five (5) calendar days before the hearing date in the manner provided by section 8 0£ this ordinance. If the order which is being con- sidered at the hearing was served by publication, it shall be sufficient to give notice of the continued hearing by publication unless the Building Commissioner has received information in writing that would enable it to make service in accordance with section 8 of this ordinance by a method other than publication. The person to whom the order was issued, or any person having a substantial property interest in the unsafe premises which are the subject of the order may appear in person or by counsel at the hearing. Such person shall have the opportunity to present evidence, cross-examine opposing witnesses, and make argument. At the conclusion of any hearing at which a continuance is not granted the Board may, irrespective of whether such person does or does not appear at the hearing, make findings and take action to either: (1) affirm the order, or (2) rescind the order, or (3) modify the order, Provided, however, That unless the person to whom the order was issued, or counsel for such person, is present at the hearing, the Board shall have authority only to modify the order in such manner as to make its terms less stringent. If a person to whom an order has been issued requests at a hearing a period of time to accomplish action beyond that time stated in the order, the Board may, as a condition for modifying the order to allow the additional -6- time period, require that the person post a cash performance bond to be forfeited in the event that the ordered action is not completed within the additional time period allowed. The amount of such bond shall be equal to thirty per cent (30%) of the value of the services and materials required to accomplish the ordered action. The record of the findings made and action taken by the Board at the hearing shall be available to the public upon request. No provision in this ordinance shall be construed to require affirmative action by the Building Commissioner or the Board to give notice of the findings made and action taken by the Board at the hearing to the person to whom the order was issued, or any other person. SECTION 10. Judicial review of Board's action. An action taken to affirm, rescind or mo i y an order in accor ce with section 9 of this ordinance shall be subject to review by the circuit or superior court of the county in which the unsafe premises are located. The review shall be initiated by a verified complaint which shall include the findings of fact and the action taken by the Board of Public Works and Safety of the City of Richmond, Indiana. Such complaint must be filed within a period of ten (10) calendar days after the date when action was taken by the Board. The following persons shall have the right to request judicial review: (1) any person who has a substantial property interest in the unsafe premises which were the subject of the order reviewed by the Board; (2) any person to whom the order was issued that was reviewed by the Board. The appeal shall be an action de novo. The Court may affirm, modify, or reverse the action taken by the Board. SECTION 11. Record' orders statements and records - Effect. Orders issued in accordance withsections 3 or 0, statements of rescission issued in accordance with section 7, statements that public bids are to be let as provided in section 15 of this ordinance and records of action taken by the Board in accordance with section 9 of this ordinance shall be recorded in the office of the recorder of the county by Building Commissioner at no charge. Any person who takes an interest in the unsafe premises which are the subject of an order, shall, irrespective of whether or not a hearing has been held, take the interest subject to the terms of the order and specifically in such a manner that all of the requirements of section 15 relating to the issuance of orders, service of orders and affirmation of orders are deemed satisfied and all of the requirements of section 19 relating to issuance of orders and affirmation of orders are deemed satisfied. In the instance, however, where an interest is taken in the unsafe premises relative to which a hearing has been held such person shall take the interest subject to the terms of the order as modified at the hearing and specifically in such a manner that all of the requirements of section 15 relating to the issuance of orders, service of orders and modification of orders at hearing are deemed satisfied and all of the requirements of section 19 relating to the issuance of orders and modifi- cation of orders at hearing are deemed satisfied. A person who takes an interest in an unsafe premises which are the subject of a statement that public bids are to be let, shall take the interest subject to the terms of such statement and specifically in such a manner that the notice of such statements required by section 15 of this ordinance is deemed given to such person. -7- SECTION 12. Duties of transferor of unsafe 2roperty. Any person who has been issued and receive notice ot an order relative to the unsafe premises, shall if the order has not been complied with: (1) supply full information regarding :the order to any person who may take or agree to take a substantial property interest in the unsafe premises. This information shall be supplied prior to the time when there is any transfer or agreement to transfer any substantial property interest in the unsafe premises; (2) supply the following information to the Building Commissioner in writing within five (5) calendar days after there is any transfer or agreement to transfer a substantial property interest in the unsafe building; (a) the full name, address, and telephone number of the person taking a substantial property interest in the unsafe premises; and (b) a true and accurate copy of the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished. If a judgment is obtained against the Board, Building Commissioner or other governmental unit for the failure of the governmental unit to pro- vide notice to persons holding an interest in an unsafe premises in an action taken by the governmental unit under this ordinance, any person who failed to comply with the provisions of this section shall be liable to the govern- mental unit for the amount of the judgment if it can be shown that notice was not given by the Building Commissioner as a result of that person's failure. SECTION 13. Emergency action. If in any instance the Building Commissioner shall find that it is necessary to take emergency action with reference to an unsafe premises in order to protect life, safety, or property, the Building Commissioner may cause such action as is necessary to protect life, safety, or property to be performed without issuing an order or giving notice. Such emergency action shall be limited to removing any immediate danger. The costs incurred by the Building Commissioner in taking or having such action taken may be recovered against the persons who have a fee interest or life estate interest in the unsafe premises by the filing of a civil action in the circuit or superior court of the county by the Board of Public Works and Safety acting by and through the Building Commissioner. Costs of such an action shall not be borne by the Board of Public Works and Safety. SECTION 14. Receivers - Eli ibilit - Powers - Notes - Co ensation. In accordance with section 19, a receiver may be appointed y a court of competent jurisdiction relative to an unsafe premises subject to the following provisions: (a) The purpose of the receivership shall be to take possession of the unsafe premises for a period of time sufficient to accomplish and pay for repairs and improvements. (b) The receivef may be a not -for -profit corporation whose primary purpose is the improvement of housing conditions in the county where the unsafe premises are located, or may be any other capable person residing in the county. Me (c) The receiver shall collect and use the rents and the other income of the unsafe premises despite any prior assignments thereof, to repair or remove the defects as required by the order, and may upon approval of the court make repairs and improvements in addition to those specified in the order or required by the applicable statutes, ordinances, codes or regulations. (d) The receiver shall have the power to make any contracts and do all things necessary to accomplish the repair and improvement of the unsafe premises. (e) The court may after hearing authorize the receiver to obtain moneys needed to accomplish the repairs and improvement by the issuance and sale of notes or receivers' certificates bearing such interest as the court may fix. The notes or certificates shall be a first lien upon the unsafe building and the real estate on which the unsafe building is located and on the rents and income thereof, and shall be superior to all existing assignments of rents, or liens, mortgages or other encumbrances on the property except taxes, Provided That within sixty (60) days following the sale or transfer for value of the notes by the receiver the holder thereof shall file notice in the recorder's office which shall contain the following information: (1) the legal description of the tract of real estate on which the unsafe building is located; (2) the face amount and interest rate of the note or certificate; (3) the date when the note or certificate was sold or transferred by the receiver; (4) the date of maturity. Upon payment to the holder of the receiver's note or certificate of the face amount and interest, and upon filing in the recorder's office of a sworn statement of payment, the lien of such certificate shall be released. Upon failure of payment, the lien may be enforced by proceedings to foreclose as in the case of mechanic's liens or mortgages, however, such suit must be commenced within two (2) years after the date of default. The receiver shall be entitled to the same fees, commissions and necessary expenses as are receivers in actions to foreclose mortgages and said fees, commissions, and expenses shall be paid out of the rents and incomes of the property in receivership. SECTION 15. Performance by contractor - Public bids - Procedure - Notice. (a) The Building Commissioner may cause the action required y an order to be performed by a contractor if the following has occurred: (1) an order has been issued to each person having a substantial property interest in the unsafe premises; and (2) service of an order in the manner provided by section 8 of this ordinance has been made on each person having a substantial property interest in the unsafe premises which are the subject of the order; and (3) each of the orders have been affirmed or modified at hearing in such manner that all persons having a substantial property interest in the unsafe premises which are the subject of each of the orders are currently subject to an order requiring the accomplishment of substantially identical action; and (4) the order, as affirmed or modified at the hearing, has not been complied with, or, having once been complied with, is not now being complied with; and (5) the order is not being reviewed in accordance with section 10 of this ordinance. 10 (b) This work may be performed in the following manner: (1) If the cost of this work is estimated to be less than five thousand dollars ($5,000), the Building Commissioner may perform the work by means of his own workmen and equipment owned or leased by him. Notice that this work is to be performed shall be given to all persons with a substantial property interest, in the manner provided in subsections (c) and (d) of this section. This notice shall be given at least ten (10) calendar days before the date of performance of the work by the Building Commissioner. This notice shall include a statement that an amount representing a reasonable estimate of the cost incurred by the Building Commissioner in processing the matter and performing the work, may, if not paid, be recorded after a hearing as alien against all persons having a fee interest or life estate interest in the unsafe premises. (2) If the estimated cost of this work is five thousand dollars ($5,000) or more, this work shall be let out at public bid to a contractor licensed and duly qualified under the laws of the state of Indiana and any applicable municipal ordinances. The obligation to pay costs imposed by section 16 of this ordinance is based on the condition of the unsafe premises at the time the public bid was accepted. Changes occurring in the condition of the unsafe premises after the public bid was accepted shall not climinate or diminish this obligation. Bids may be solicited and accepted for work on more than one property if the bid reflects an allocation of the bid amount among the vari- ous unsafe premises in proportion to the work to be accomplished. The portion of the bid amount attributable to each of the unsafe premises shall constitute the basis for calculating the portion of the costs defined under section 16 (1) of this chapter. (c) All persons with a substantial property interest in the unsafe building shall be notified about the public bid in accordance with section 8 of this ordinance by means of a written statement, which shall include the following information: (1) the name of the person to whom the order was issued; (2) a legal description or address of the unsafe premises that are the subject of the order; (3) a statement that a contract is to be let at public bid to a licensed contractor to accomplish work to comply with the order; (4) a description of work to be accomplished; (5) a statement that both the bid price of the licensed contractor who accomplishes the work and an amount representing a reasonable estimate of the cost incurred by the Building Commissioner in processing the matter of the unsafe premises, may, if not paid, be recorded after a hearing as a lien against all persons having a fee interest or life estate interest in the unsafe premises; (6) a statement that the owner has the right to elect in writing within a period of five (5) calendar days to retain any or all materials salvaged from the work; (7) the time of the bid opening; (8) the place of the bid opening; (9) the name, address and telephone number of the Building Commissioner. (d) If service of the notice of statement that public bids are to be let is by publication, the publication shall include the information provided for in subsection (c) except that it need only include a general description of the work to be accomplished. The publication also shall include a statement that a copy of the statement of public bid may be obtained from the Building Commissioner. -10- (e) Notice of the statement that public bids are to be let shall be given to all persons having a substantial property interest in the property at least ten (10) calendar days before the date of the public bid. (f) Persons having a substantial property interest in the unsafe premises which are the subject of a statement that the Building Commissioner intends to perform the work or that public bids are to be -let may, as their interest allows, within a period of five (5) calendar days after they have received notice of such statement, elect by sending a statement in writing to the Building Commissioner to retain any or all of the materials resulting or salvaged from such work. In the absence of such a statement, the Build- ing Commissioner may decide the method of disposal of such materials. (g) If action in accordance with this section is being taken on the basis of an order which was served by publication, it shall be sufficient to serve the statement that the Building Commissioner intends to perform the work or that public bids are to be let by publication unless the Building Commissioner has received information in writing that would enable him to make service in accordance with section 8 of this chapter by a method other than publication. SECTION 16. Performance by Building Commissioner or contractor - Expenses - Liens When action required by an order is performed by the Building Commissioner or by a contractor in accordance with section 15 of this ordinance, each person who held a fee interest or life estate interest in the unsafe premises from the time when the order requiring the work performed was recorded to the time that the work was completed shall be jointly and severally responsible for the following costs: (1) The actual cost of the work performed by the Building Com- missioner or the bid price of work accomplished by the contractor in accordance with section 15 of this ordinance; (2) An amount which represents a reasonable forecast of the average processing expense which will be incurred by the Building Com- missioner in taking all the technical, administrative and legal actions relative to a typical unsafe premises which are necessary under this ordinance so that the action required by an order may be performed by a contractor in accordance with section 15 of this ordinance. In calculating the amount of the average processing expense, the following costs may be considered: (a) obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises; (b) accomplishing notice of orders, notice of statements of rescission, notice of continued hearing, and notice of statements that public bids are to be let or that the Building Commissioner intends to accomplish the work, and notice that h hearing may be held on the amounts indicated in, the record in accordance with section 8 of this ordinance; (c) salaries for employees; (d) supplies, equipment, and office space. The amount of such average processing expense shall be determined by the Board at a public hearing relative to which notice has been given in the same manner as is required for other official action of the Board. In determining such average processing expense, it shall be acceptable to fix the amount at a full dollar amount, which is an even multiple of ten (10). If all or any part of the actual costs incurred by the Building Commissioner or the bid price and the applicable average processing expense remain unpaid relative to any unsafe premises, other than unsafe premises -11- owned by a unit of government, after a period of fifteen (15) days has elapsed after the completion of the work, and if the Building Commissioner, in his discretion, determines that there is a reasonable probability of obtaining recovery, the Building Commissioner shall prepare a record which shall state the name or names and last known address of all persons who have a fee interest or life estate interest in the unsafe premises, the legal description or address of the unsafe premises that were the subject of work, the nature of the work that was accomplished, the amount of the unpaid bid price of the work that was accomplished, and the amount of the unpaid average processing expense. This record shall be in form prescribed by or approved by the State Board of Accounts. The Building Commissioner shall swear to the accuracy of the record prepared by him before the clerk of the circuit court and shall thereupon deposit the record in the office of the clerk of the circuit court. Notice that the record has been filed and that a hearing on the 'amounts indicated in the record may be held, shall be sent to the person or persons named in the record, as provided in section 8 of this ordinance. If within thirty (30) days of that notice, the clerk of the circuit court has received a written petition from the person named in the record, objecting to the amounts recorded and requesting a hearing, the clerk of the circuit court shall enter the cause on the docket of the court as a civil action and a fair hearing on the question shall be held. At the conclusion of the hearing on the petition, the court shall either sustain the petition or enter a judgment for the amounts recorded or modified amounts against the person or persons named in the record. If no petition is received at the end of thirty (30) days after notice to the person or persons named in the record, the amounts stated in the record shall constitute a debt and be a lien on the real and personal property of the person or the joint and several debt and lien on the real and personal property of the persons named. Such lien on any real property shall be perfected as against all creditors and purchasers when the judgment is entered on the judgment docket of the court. Such lien on personal property shall be perfected by filing a 1is pendens notice in the appropriate filing office as prescribed in Trial Rule 63.1 of the Indiana Rules of Procedure. Any judgments rendered under this section may be enforced in the same manner as all other judgments are enforced. SECTION 17. Unsafe building fund. (a) A fund designated as the "Unsafe Building Find" shall be established in the operating budget of the Building Commissioner. Any balance remaining at the end of any fiscal year shall be carried over in the fund for the following year and shall not revert to the general fund. (b) Moneys for such fund may be received from any source, includ- ing appropriation by a municipal, state or federal legislative authority, and donations. The following moneys shall be deposited in such fund: (1) moneys received as payment for or settlement of obligations or judgments created in accordance with sections 13, 15, 16, and 19 of this ordinance; (2) moneys received from bonds posted in accordance with section 9 of this ordinance; (3) moneys received in satisfaction of receivers notes or certi- ficates issued in accordance with section 14 of this ordinance, which were purchased with use of moneys from the unsafe building fund. (c) The Board of Public Works and Safety may take action to transfer all or any part of any moneys which may exist in the "building, demolition, repair and contingent fund" created by IC 1971, 18-5-5-7, to the unsafe building fund. -12- (d) Moneys included in the unsafe building fund may be used for the purposes directly related to the carrying out of any provisions of this ordinance which shall include, by way of example and not limitation: (1) The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in an unsafe premises. (2) The cost of an examination of an unsafe building by a regis- tered architect or registered engineer not employed by the Building Commis- sioner. (3) The cost of surveys necessary to determine the location and dimensions of real estate on which an unsafe building is located. (4) The cost of accomplishing notice of orders, notice of state- ments of rescission, notice of continued hearing and, notice of statements that public bids are to be let in accordance with section 8 of this ordinance. (5) The bid price of work accomplished by a contractor in accord- ance with section 15 or section 19 of this ordinance. (6) The cost of accomplishing work on an emergency basis in accordance with section 13. (7) The cost of notes or receiver certificates issued in accordance with section 14. (e) Payment of moneys from the unsafe building fund shall be made in accordance with applicable law. SECTION 18. Inspection warrants. (a) In those cases in which the owners or those in possession of a building refuse inspection, an inspection officer in the Bureau of Buildings may obtain an inspection warrant from any court of record in the county in which the building is located in order to determine if the building is an unsafe building. The court shall issue the warrant subject to the following: (1) the person seeking the warrant must establish that the build- ing is to be searched or inspected as part of a legally authorized program of inspection which naturally includes that building or that there is probable cause for believing that there is a condition, object, activity or circum- stance which legally justifies such a search or inspection of that building; (2) an affidavit indicating the basis for the establishment of one (1) of the grounds described in (1) above must be signed under oath or affirmation by the affiant; (3) the issuing official must examine the affiant under oath or affirmation to verify the accuracy of the matters indicated by the statement in the affidavit. (b) The warrant shall be validly issued only if it meets the following requirements: (1) it must be signed by the issuing official and must bear the date and hour of its issuance above his signature with a notation that the warrant is valid only forty-eight (48) hours following its issuance; (2) it must describe, either directly or by reference to the affidavit the building where the search or inspection is to occur and be accurate enough in description so that the executor of the warrant and owner or the possessor of the building can reasonably determine from it what prop- erty the warrant authorizes an inspection of; -13- (3) it must indicate the conditions, objects, activities or circumstances which the inspection is intended to check or reveal; (4) it must be attached to the affidavit required to be made in order to obtain the warrant. (c) Any warrant issued under this section for a search of inspection shall be valid for only forty-eight (48) hours after its issuance, must be personally served upon the owner or possessor of the building and must be returned within seventy-two (72) hours. SECTION 19. Civil actions by Board. The Board of Public Works and Safety of the City of Richmond, Indiana, acting by and through the Building Co1r¢missioner may initiate a civil action in the circuit or superior court of the county with regard to an unsafe premises. Costs of such an action shall not be borne by the Board of Public Works and Safety. The circuit or superior court may, as is appropriate, grant one or more of the following kinds of relief in such an action: (1) If the following is shown, grant a mandatory or prohibitory injunction against any person that will cause the order to be complied. with: (a) an order was issued to the person, but this order does not need to set a hearing date; (b) the person has a property interest in the unsafe premises that are the subject of the order that would allow the person to take the action required by the order; and (c) the order, as affirmed or modified at hearing, has not been complied with, or, having once been complied with, is not now being complied with; and (d) the order is not being reviewed in accordance with section 9. (2) Impose a civil forfeiture not to exceed one thousand dollars ($1,000) against any person if the provisions of subsection (1) of this section are shown.. No forfeiture shall be imposed which is substantially less than the cost of complying with the order unless such cost exceeds one thousand dollars ($1,000). The effective date of such forfeiture may be postponed for a period not to exceed thirty (30) days, after which the court may order the forfeiture reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done. On request of the Building Commissioner the court shall enter a judgment in the amount of the civil forfeiture. In any instance where there is more than one (1) party defendant, the civil forfeiture shall be separately applicable to each defendant. The amount of any civil forfeiture which is collected shall be deposited in the unsafe building fund. (3) Appoint a receiver as provided in section 14 of this ordinance. The issuance of an order relative to such unsafe premises is not a prerequisite to the appointment of a receiver. If an order has been issued relative to such unsafe premises it shall not prevent the appointment of a receiver. In any case in which the Building Commissioner requests the appoint- ment of a receiver, all persons having a substantial property interest in the unsafe premises shall be made party defendants. -14- (4) If the following is shown, authorize the Board of Public Works and Safety, acting by and through the Building Commissioner, to cause the action required by the order to be performed by a contractor licensed and qualified under applicable state law and municipal ordinances: (a) an order was issued to each person having a substantial prop- erty interest in the unsafe premises; and (b) each of the orders have been affirmed or modified at hearing in such manner that all persons having a substantial property interest in the unsafe premises which are the subject of each of the orders are currently subject to an order requiring the accomplishment of substantially identical action; and (c) the order, as affirmed or modified at the hearing, has not been complied with, or, having once been complied with, is not now being complied with; and (d) the building which is the subject of the order is an unsafe building; and (e) the order is not being reviewed in accordance with. section 9. In any case in which the Building Commissioner requests authority to cause the action required by the order to be performed by a contractor all persons having a substantial property interest in the unsafe premises shall be made party defendants. The cost of accomplishing the work and the processing expenses incurred by the Building Commissioner computed in accordance with the provisions of section 16 of this ordinance may after a hearing both be entered by the court as a judgment against persons having a fee interest or life estate interest in the unsafe premises. SECTION 20. Violations. A person who: (1) remains in, uses, or enters any building in violation of an order; (2) knowingly interferes with or delays the carrying out of any order; (3) knowingly obstructs, damages, or interferes with any persons engaged or property used in performing any work or duty under this ordinance; or (4) fails to comply with section 12 of this ordinance; or any order issued under section 3 of this ordinance; commits a Class C infraction. Each day that the violation continues constitutes a separate offense. SECTION 21. Change of judge. No change of venue shall be allowed in any action filed pursuant to sections 10, 16, or 19 of this chapter, but a change of judge shall be allowed, in the same respects and manner as provided in other civil matters. SECTION 22. Precedence of actions. Any action filed pursuant to sections 10 or 19 of this ordinance iiFes precedence over other pending litigation, and the action shall be tried and determined by the court at as early a date as possible. SECTION 23. That insofar as any provision of the ordinance shall be deemed in conflict with IC 18-5-5.5, Section 1 through 22, it shall be deemed to have been amended to conform therewith. -15- SECTION 24. That this ordinance shall be known as Article •-Z , Chapter 44-A , Section l through 22 of the Municipal Code of the City o1 tic mond, In i3'ana. SECTION 25. It is the intention of the City Council that each separate pro- vision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 26. That this ordinance shall be in full force and effect on passage and adoption by the Common Council of the City of Richmond, and publication hereof as required by law. PASSED AND ADOPTED this 19 '�_4 day of , 1979 by the Common Council of the City�chmond, Indiana. ATTEST:\ - City Ulpfx PRES TED to he Mayor of the 1979. Px7lident"o:rPffie- Co on Co c ����yyyy City of Richmond, Indiana, thisday of ity LClerk APPROVED by me, Cliffopd J. Dic , Mayor of the City of Richmond, Indiana, this �% day of JJ � , 1979. or ATTEST: ty Clerk -16- WAYNE COUNTY. HEALTH DEPARTMENT, Wayne County Adminittration Building 401 Eam Main StroA MCHMOND, INDIANA 47374 FRANCIS B, WARRICK, M,D. Health Officer November 26, 1979 Mr: Edward'N. Anderson TELEPHONE: 966.7541 Attorney for the City of Richmond Richmond Municipal Building 50 North 5th Street Richmond, Indiana 47374 Dear Mr. Anderson: This is in reply to your letter of November 15, 1979, in which you requested our.opinion of a specific section of the changes, corrections, and additions of the proposed General Ordinance No. 100-1979. We have reviewed the - entire ordinance and believe that it will be,of great benefit in protecting the health, safety and welfare of the citizens of Richmond, Indiana. I want you to know that our department is willing to co-operate in anyway possible in this endeavor to protect our citizens' health, safety and welfare. We certainly have no objections to-assumin the responsibility of making the determinations asset out in Section 2?4) of the proposed changes. I assure you that we will do everything that our authority and resources allow. The benefits derived from this proposed ordinace will depend upon the utmost cooperation and understanding of all those who are delegated responsibility in the ordinance:If, and when this ordinance is enacted, I would suggest that a joint meeting be held so that a well planned and coordinated program is instituted. Sincerely yours, Ray H. Gauthier, R.P.S. RHG:jc Administrative Assistant 50 N. FIFTH STREET I RICHMOND, INDIANA 47374 • (317) 966.5561 CLIFFoRn. i DICKMAN Mni 11I I I UWAI10 N AN I)I'IUd11J To: Members of Common Council From: Edward N. Anderson Date: October 15, 1979 Subject: The attached proposed ordinance adopting the "Unsafe Building Law" replacing the present condemnation procedure as prescribed in IC 18-5-5-1. The problem with the present condemnation procedure is particularly Section 18-5-5-6, the second paragraph, which reads in part: "The service of a written notice upon the board of public safety, or upon any board or official perform- ing its duties under this act, of an intention to perfect an appeal under the provisions o£-Slection 4 (18-5-5-4) of the above entitled act shall operate as a sstU of (further proceedja4s by the commissioner of buildings, or any other board or official, until such appeal is perfected and is finally disposed of and the decision therein is certified and delivered to the board of public safety." (Underscoring - mine) We would trust that by adopting the provisions of IC 18-5-5.5-1 (Building Code - Unsafe Building Law) by ordinance, this difficulty can be overcome as well as more effective enforcement of demolition of structures which threaten to be a public nuisance, dangerous to the health, safety and general welfare of the people of the City of Richmond. We assume this ordinance will be submitted to the Committee of the Whole for review and study. We will then be glad to answer any questions. PNA: b