9.
(a)For purposes of this section, in a county
having a consolidated city, "county executive" refers to the board of
commissioners of the county as provided in IC 36-3-3-10.
(b)The county executive may:
(1)by resolution, identify the property described in section 6 of
this chapter that the county executive desires to transfer to a person
able to satisfactorily repair and maintain the property, if repair and
maintenance of the property are in the public interest; and
(2)set a date, time, and place for a public hearing to consider the
transfer of the property.
(c)Notice of the property identified under subsection (b) and the
date, time, and place for the hearing on the proposed transfer of the
property shall be published in accordance with IC 5-3-1. The notice
must include a descriptio
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9. (a) For purposes of this section, in a county
having a consolidated city, "county executive" refers to the board of
commissioners of the county as provided in IC 36-3-3-10.
(b) The county executive may:
(1) by resolution, identify the property described in section 6 of
this chapter that the county executive desires to transfer to a person
able to satisfactorily repair and maintain the property, if repair and
maintenance of the property are in the public interest; and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property.
(c) Notice of the property identified under subsection (b) and the
date, time, and place for the hearing on the proposed transfer of the
property shall be published in accordance with IC 5-3-1. The notice
must include a description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by persons able to satisfactorily repair and
maintain the property as provided in subsection (f) and hear any
opposition to a proposed transfer.
(d) For properties that are not transferred when initially identified for
transfer under this section, the county executive may omit from the
notice the descriptions of the properties identified under subsection (b)
if:
(1) the county executive includes in the notice a statement that
descriptions of those tracts or items of real property are available
on the website of the county government or the county
government's contractor and the information may be obtained in an
alternative form from the county executive upon request; and
(2) the descriptions of those tracts or items of real property eligible
for transfer under this section are made available on the website of
the county government or the county government's contractor and
may be obtained from the county executive in an alternative form
upon request in accordance with section 3.4 of this chapter.
(e) After the hearing set under subsection (b), the county executive
shall by resolution make a final determination concerning:
(1) the properties that are to be transferred;
(2) the person to which each property is to be transferred; and
(3) the terms and conditions of the transfer.
(f) To be eligible to receive a property under this section, a person
must file an application with the county executive. The application
must identify the property that the person desires to acquire, the use to
be made of the property, and the time anticipated for implementation
of the use. The application must be accompanied by documentation
demonstrating the person's ability to satisfactorily repair and maintain
the property, including evidence of the person's:
(1) ability to repair and maintain the property personally, if
applicable;
(2) financial resources, if the services of a contractor may be
required to satisfactorily repair or maintain the property; and
(3) previous experience in repairing or maintaining property, if
applicable.
The application must be signed by the person. If more than one (1)
application for a single property is filed, the county executive shall
determine which application is to be accepted based on the benefit to
be provided to the public and the neighborhood, the suitability of the
stated use for the property and the surrounding area, and the likelihood
that the person will satisfactorily repair and maintain the property. The
county executive may require the person to pay a reasonable deposit or
post a performance bond to be forfeited if the person does not
satisfactorily repair and maintain the property.
(g) After the hearing set under subsection (b) and the final
determination of the properties to be transferred under subsection (e),
the county executive, on behalf of the county, shall cause all delinquent
taxes, special assessments, penalties, interest, and costs of sale to be
removed from the tax duplicate and the person is entitled to a tax deed
if the conditions of IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied.
The deed must provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other terms and conditions that are established by the
county executive;
(4) the reversion of the property to the county executive if the
grantee fails to comply with the terms and conditions; and
(5) the forfeiture of any bond or deposit to the county executive if
the grantee fails to comply with the terms and conditions.
If the grantee fails to comply with the terms and conditions of the
transfer and title to the property reverts to the county executive, the
property may be retained by the county executive or disposed of under
any of the provisions of this chapter or IC 6-1.1-25, or both.