ORDINANCE
#1370
PERMITTING
CONDEMNATION OF UNSAFE STRUCTURES
BE
IT ORDAINED by the Town Board of Odon as follows:
1. For the purpose of this Ordinance and in
compliance with I.C. 36-7-9-2, the following definitions shall apply unless the
context clearly indicates or requires a different meaning:
(a) OWNER. Any person or entity with a substantial property interest in
the real estate affected.
(b) SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may
be affected in a substantial way any actions authorized by this Ordinance,
including a fee interest, a life estate interest, a future interest, a present
possessory interest, or an equitable interest of a contract purchaser.
2. It shall be unlawful for any person, firm,
corporation or organization to own, occupy or maintain within the corporate
limits of the city any buildings or structures, or any part thereof, no matter
for what purpose designed or used, or anything that is appurtenant thereto, in
such impaired structural condition or state arising from any cause or reason
whatever, which renders it unsafe or dangerous either to any person or any
property; or be so unsanitary, or so infested with disease, as to cause or
threaten a serious hazard to public health, or to the general welfare of the
community; or to be so used, or in such condition, that thereby a dangerous fire
hazard or other danger to life or property, is created or allowed to continue,
or may reasonably result there from, or be so constructed, maintained or used as
to result in the violation of any statute, ordinance or regulations authorized
by law and relevant thereto; or so as to constitute or be about to become a
public nuisance.
3. Whenever the Town Board or its designee shall find
within the corporate limits of the Town of Odon any buildings or structures
described in paragraph 2 hereof, said individual shall have the power to order
and compel compliance with this ordinance pursuant to the provisions of I.C. 36-7-9-1,
et seq. The Town Board shall have the power to compel all occupants of any such
building or structure and all other persons to vacate and remain out of such
unsafe buildings and structures pending compliance with this Ordinance and state
law, by posting in all instances, upon such building, structure, or appurtenance
thereof, or at or near its principle entrance, a sign in large letters stating
in substance:
THIS BUILDING OR STRUCTURE IS IN AN UNSAFE CONDITION AND
4. The Town Board or its designee shall, and is
hereby empowered to issue all orders in writing to owners and occupants of
buildings and structures that are unsafe within the meaning of paragraph 2
hereof directing such action as may be necessary to bring said building or
structure within compliance of this Ordinance and state law; provided, however,
that prior to the issuance of any such orders, the Town Board or its designee
shall prepare a written report to be distributed to the Town Board, which report
shall state the location of such unsafe building or structure, the owner and/or
occupants thereof, the general nature of repairs, alterations or other
reconstruction that may be necessary to bring said building or structure within
compliance of this Ordinance and the action that is about to be taken by the
Town Board or its designee. All papers and reports as required herein shall
constitute the record in each case and must be preserved in a file kept in the
office of the Clerk-Treasurer of the Town of Odon.
5. That in the event the Town Board or its designee
finds that any building, structure or appurtenance thereto is in such condition
as described in paragraph 2 that no remedy for compliance is feasible, then
and in that event, the Town Board or its designee shall have the authority to
condemn the building or structure and order that the same shall be wrecked and
removed pursuant to state law.
6. If any person, firm or corporation shall fail to
comply with written orders of the Town Board or its designee directing that any
building or structure as described in paragraph 2 hereof be wrecked within the
time fixed by law, the Town Board or its designee shall thereupon make written
report of such noncompliance to the Town Board, whereupon it shall be the duty
of the Town Board to cause a written notice to be served upon the owner of such
building or structure to appear before the Town Board at the time and plane
fixed in such notice and show cause why the order of the Town Board or its
designee should not be complied with. In the event that the Town Board finds
that there is no cause shown why such owner has failed to comply with the
written order to wreck submitted by the Town Board or its designee, then the
Town Board shall affirm its or its designee's order and proceed forthwith to
cause such building or structure or part thereof, that is in such unsafe
condition as to endanger life and property, to be wrecked and torn down pursuant
to the laws of the state.
7. All notices as required by law and rights of
owners and/or occupants as to the right to
appeal or otherwise contest the findings of the Town Board or its designee shall
be preserved and nothing in this Ordinance shall be construed to limit or
otherwise impede the ability of the Town to exercise its police powers within
the corporate boundaries of the Town of Odon, or the rights and responsibilities
of owners of unsafe buildings and structures within the meaning of state law.
8. Any person shall, in any and each such instance,
be deemed guilty of a Class C infraction pursuant to I.C. 36-7-928(4) who:
(a) Prevents or
attempts to prevent the posting of any notice;
(b) Removes or defaces any notice posted upon any
building or structure, or appurtenance thereto, as provided for in this
Ordinance, without written permission of or when acting for the Town Board or
its designee;
(c) Remains in, uses, or enters any such building or
structure in violation of an order thereon, as provided in this subchapter;
(d) Willfully refuses to comply with, or willfully
interferes with or delays the carrying out of any order finally effective and
authorized by this Ordinance and state law (I.C. 36-7-9-1 et seq.)
(e) Violates any other provision of this ordinance or
state law by willfully obstructing, delaying, damaging, injuring or interfering
with any persons engaged or property used in performing any work or duty under
or authorized by this Ordinance and state law or under and pursuant to any other
pertinent laws.
Any person, upon conviction of such infraction as
described herein, shall be fined in
any sum not to see exceed Five Hundred Dollars ($500.00), and each day that any
such violation shall continue to exist, or each distinct repetition of any such
violation, shall constitute a separate offense.
9. This Ordinance shall be in full force and effect
after its publication three separate times in The Odon Journal subsequent to
its passage by the Board of Trustees of the Town of Odon.
PASSED
this 20th day of September 1995
Ed
Buchanan, President
Greg
Clark, Member
Frank
Armstrong, Member
Attest:
Opal McDannald, Clerk-Treasurer