Amending Chapter 6 Entitled Buildings 03/10/86 7616-86

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(c) All other openings into the structure which are accessible to trespassers shall be closed by boarding or such other means approved by the Building Commissioner. SECTION 6-143. Removal of signs . Any sign located on the same property as any vacant structure, which sign extends above, over or upon the public easement and which sign the Building Commissioner determines is unsafe, shall be removed on order of the Building Commissioner. SECTION 6-44. Violation of article deemed nuisance, abatement; appeals . (1) The violation of any provision of this article constitutes a public nuisance which shall be abated as herein set forth. Whenever the Building Commissioner or his designee determines that a vacant structure is being maintained in viola- tion of this article, he shall notify, by certified mail , any person having a fee interest, a life estate interest or a substantial property interest of the existing violation(s) , indicate the corrective action required under this article, and order the corrective action to be completed within fien--(3-0-)- five (5) days from the date on which the notice is received. Further, the notice shall state that if the corrective action is not completed within the -ti-day- five ( 5) day period, the Building Commissioner, or his designee, will cause the work to be completed. Where the Building Commissioner, or his designee, designee, takes such action, the cost of accomplishing the work may be entered as a judgment by either the Superior or Circuit Court of St. Joseph County against persons having a fee interest or life estate interest in the premises. ( 2) Any person having a fee interest, a life estate interest or a substantial property interest or the person to whom the order was issued has a right to request a hearing before the Division of Code Enforcement Hearing Officer. He/she may appear at such hearing with or without legal counsel, present evidence, cross-examine opposing witnesses, and present arguments. The Division of Code Enforcement Hearing Officer may make findings and take action either to affirm the order, to rescind the order, or to modify the order. ( 3) The final action taken by the Division of Code Enforcement Hearing Officer shall be subject to review by the Circuit or Superior Court of St. Joseph County . Any person aggrieved by the action may file a complaint within ten (10) calendar days after the date such action was taken. SECTION VI . This Ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor and the Indiana Fire Prevention and Building Safety Commission and legal publication. EMBER OF THE ' MON COUNCIL /14-1