§ 36-7-9-7 — Hearings; hearing authority findings and action; additional period for ordered actions; continuous enforcement order; performance bond; record of findings; collection of penalties

Indiana § 36-7-9-7

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 9: Unsafe Building Law

Text

(a) A hearing must be held relative to each order
of the enforcement authority, except for an order issued under section
5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter. An order issued
under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter
becomes final ten (10) days after notice is given, unless a hearing is
requested before the ten (10) day period ends by a person holding a fee
interest, life estate interest, mortgage interest, or equitable interest of
a contract purchaser in the unsafe premises. The hearing shall be
conducted by the hearing authority.
(b) The hearing shall be held on a business day no earlier than ten
(10) days after notice of the order is given. The hearing authority may,
however, take action at the hearing, or before the hearing if a written
request is received by the enforcement authority not later than five (5)
days after notice is given, to continue the hearing to a business day not
later than fourteen (14) days after the hearing date shown on the order.
Unless the hearing authority takes action to have the continued hearing
held on a definite, specified date, notice of the continued hearing must
be given to the person to whom the order was issued at least five (5)
days before the continued hearing date, in the manner prescribed by
section 25 of this chapter. If the order being considered at the
continued hearing was served by publication, it is sufficient to give
notice of the continued hearing by publication unless the enforcement
authority has received information in writing that enables it to make
service under section 25 of this chapter by a method other than
publication.
(c) The person to whom the order was issued, any person having a
substantial property interest in the unsafe premises that are the subject
of the order, or any other person with an interest in the proceedings
may appear in person or by counsel at the hearing. Each person
appearing at the hearing is entitled to present evidence, cross-examine
opposing witnesses, and present arguments.
(d) At the conclusion of any hearing at which a continuance is not
granted, the hearing authority may make findings and take action to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order was
issued, or counsel for that person, is present at the hearing, the
hearing authority may modify the order in only a manner that
makes its terms less stringent.
(e) In addition to affirming the order, in those cases in which the
hearing authority finds that there has been a willful failure to comply
with the order, the hearing authority may impose a civil penalty in an
amount not to exceed five thousand dollars ($5,000). The effective date
of the civil penalty may be postponed for a reasonable period, after
which the hearing authority may order the civil penalty reduced or
stricken if the hearing authority is satisfied that all work necessary to
fully comply with the order has been done. For purposes of an appeal
under section 8 of this chapter or enforcement of an order under section
17 of this chapter, action of the hearing authority is considered final
upon the affirmation of the order, even though the hearing authority
may retain jurisdiction for the ultimate determination related to the
civil penalty. In the hearing authority's exercise of continuing
jurisdiction, the hearing authority may, in addition to reducing or
striking the civil penalty, impose one (1) or more additional civil
penalties in an amount not to exceed five thousand dollars ($5,000) per
civil penalty. An additional civil penalty may be imposed if the hearing
authority finds that:
(1) significant work on the premises to comply with the affirmed
order has not been accomplished; and
(2) the premises have a negative effect on property values or the
quality of life of the surrounding area or the premises require the
provision of services by local government in excess of the
services required by ordinary properties.
The hearing authority may not impose an additional civil penalty in a
hearing to review a civil penalty imposed by the enforcement authority
under section 7.5 of this chapter.
(f) If, at a hearing, a person to whom an order has been issued
requests an additional period to accomplish action required by the
order, and shows good cause for this request to be granted, the hearing
authority may grant the request. However, as a condition for allowing
the additional period, the hearing authority may require that the person
post a performance bond to be forfeited if the action required by the
order is not completed within the additional period.
(g) If an order is affirmed or modified, the hearing authority shall
issue a continuous enforcement order (as defined in section 2 of this
chapter).
(h) The board or commission having control over the department
shall, at a public hearing, after having given notice of the time and
place of the hearing by publication in accordance with IC 5-3-1, adopt
a schedule setting forth the maximum amount of performance bonds
applicable to various types of ordered action. The hearing authority
shall use this schedule to fix the amount of the performance bond
required under subsection (f).
(i) The record of the findings made and action taken by the hearing
authority at the hearing shall be available to the public upon request.
However, neither the enforcement authority nor the hearing authority
is required to give any person notice of the findings and action.
(j) If a civil penalty under subsection (e) is unpaid for more than
fifteen (15) days after payment of the civil penalty is due, the civil
penalty may be collected from any person against whom the hearing
officer assessed the civil penalty or fine. A civil penalty or fine may be
collected under this subsection in the same manner as costs under
section 13 or 13.5 of this chapter. The amount of the civil penalty or
fine that is collected shall be deposited in the unsafe building fund.
[Pre-Local Government Recodification Citations:
18-5-5.5-6; 18-5-5.5-7.]
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts
1981, P.L.45, SEC.26; P.L.59-1986, SEC.7; P.L.14-1991, SEC.12;
P.L.177-2003, SEC.5; P.L.169-2006, SEC.60; P.L.88-2009, SEC.9;
P.L.247-2015, SEC.42.