HomeMy Public PortalAbout2003-15 -ESTABLISH AN UNSAFE BUILDING NONREVERTING FUNDORDINANCE 2003- /
AN ORDINANCE ESTABLISHING AN UNSAFE BUILDING
NONREVERTING FUND
WHEREAS, the City of Greencastle has incorporated the unsafe building statutes contained
within the Indiana Code; and
WHEREAS, I.C. 36- 7 -9 -14 provides for a non - reverting fund which can be used for the purposes of
enforcing the unsafe building statutes.
NOW THEREFORE be it ordained by the Common Council of the City of Greencastle that a
non - reverting fund is hereby established for the purposes set out in I.C. 36- 7 -9 -14.
This Ordinance shall have full force and effect upon passage of the Greencastle Common
Council and its approval by the Mayor.
PASSE AND ADOPTED by the Common Council of the City of Greencastle, Indiana this
'Aday of 2003.
Thomas W. Roach oe Liechty
M rk . Hammer
R
AWroved and signed by me this A day of 2003, at 7�
o'clock / .m.
J Nancy A. Mi h el, Mayor
ATTEST:
Pamela S. Jones,
UNSAFE BUILDING LAW 36- 7 -9 -14
to raze and
private citi-
ring its costs
beyond its
tollcy. 1985
by a city in
ier could not
chanic's lien;
e city to
Op.Atty.
certifica-
tent taxes;
mount if a
nt authori-
ter remain
vned by a
lion of the
25 of this
r equitable
otice must
y (30) days
following
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(1) The name of each person who held a fee interest, life estate interest, or
equitable interest of a contract purchaser in the unsafe premises.
(2) The description of the unsafe premises, as shown by the records of the
county auditor.
(3) The amount of the delinquent payment, including all costs described in
section 12 of this chapter.
(d) The county auditor shall place the total amount certified under subsection
(c) on the tax duplicate for the affected property as a special assessment. The
total amount, including accrued interest, shall be collected as delinquent taxes
are collected.
(e) An amount collected under subsection (d), after all other taxes have been
collected and disbursed, shall be disbursed to the unsafe building fund.
(f) A judgment entered under section 13 of this chapter may be collected .
under this section. However, a judgment lien need not be obtained under
section 13 of this chapter before a debt is certified under this section.
As added by P.L.31 -1994, SEC.13.
Historical and Statutory Notes
P.L.31 -1994, Sec.13, ennerg. eff. March 14,
1994.
36- 7 -9 -14 Unsafe building fund; deposits and expenditures
Sec. 14. (a) The enforcement authority shall establish in its operating bud-
get a fund designated as the unsafe building fund. Any balance remaining at
the end of a fiscal year shall be carried over in the fund for the following year
and does not revert to the general fund.
(b) Money for the unsafe building fund may be received from any source,
including appropriations by local, state, or federal governments, and donations.
The following money shall be deposited in the fund:
(1) Money received as payment for or settlement of obligations or judg-
ments established under sections 9 through 13 and 17 through 22 of this
chapter.
(2) Money received from bonds posted under section 7 of this chapter.
(3) Money received in satisfaction of receivers' notes or certificates that
were issued under section 20 of this chapter and were purchased with
money from the unsafe building fund.
(4) Money received for payment or settlement of civil penalties imposed
under section 7 of this chapter.
(5) Money received from the collection of special assessments under sec-
tion 13.5 of this chapter.
(c) Money in the unsafe building fund may be used for the expenses incurred
in carrying out the purposes of this chapter, including:
383
PLANNING AND DEVELOPMENT UNSAFE
36- 7 -9 -14
to
(1) the cost of obtaining reliable information about the identity and iota- P t 3 -t9
tion of each person who owns a substantial property interest in unsafe r 1990
premises; s, Formerly:
n of an unsafe building by a registere
h. IC 18 -5-
(2) the cost of an examinatio
architect or registered engineer not employed by the department; 36-7_9
(3) the cost of surveys necessary to determine the location and dimensions Sec. 1
of real property on which an unsafe building as located;
inspecttt
(4) the cost of giving notice of. orders, notice of statements of rescission, N inspecti
notice of continued hearing, and notice of statements that public bids are to is locate
be let in the manner prescribed by section 25 of this chapter; shall ass
(5) the bid price of work by a contractor under section 10 or sections 17 (1)
through 22 of this chapter; S sea
(6) the cost of emergency action under section 9 of this chapter; and E aul
r certificates issued under section 20 of this tho
(7) the cost of notes or receivers' or
chapter.
(d) Payment of money from the unsafe building Fund must be made in (2. (1
accordance with applicable law.
As added by Acts 1981, P.L309, SEC.28. Amended by P.L.14 -1991, SEC-13; (3
tb
P.L.31 -1994, SEC. 14. _ (b)
ca.
Historical and Statutory Notes
P.L.14 -19911 Sec. 13, emerg. etf. May 12, Formerly:
is
1991. IC 18- 5- 5.5 -17.
P.L.31 -1994, Sea 14, emerg. eff. March 14, Acts 1973, P.L.181, SEC.1. z*.
Acts 1977, P.L.208, SEC 9 .
1994.
r _
i:..: Cross References "-
Public f accounting, see IC 5-11-1-1 et seq.
Library References
C.J.S. Municipal corporations § 1884.
Counties x161.
Municipal Corporations x887. I.L.F. Counties § 103.
WEST LAW Topic Nos. 104, 268. I.L.E. Municipal Corporations § 542. ` t
i� C.J.S. Counties § 195, afte
but
ies to unsafe building fund
36- 7 -9 -15 Transfer of men
x x t' As
t
Sec. I5. The board or commission having control over the department may , y
transfer all or part of the money in a building, demolition, repair, and A
t i! contingent fund that was established by IC 18 - 5 - 5 - 7 (before its repeal on ; F
September 1, 1981) to the unsafe building fund.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.3 -1990, SEC.127.
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