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Amending Chapter VI Bring the Code into Conformance with the Unsafe Building Law
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Amending Chapter VI Bring the Code into Conformance with the Unsafe Building Law
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
2/26/1981
Ord-Res Number
6885-81
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(b) All broken doors or windows shall be replaced <br />or covered by boards, fitted plywood, hardware cloth <br />or other material which will effectively bar entry to <br />the structure; and, <br />(c) All other openings into the structure which <br />are accessible to trespassers shall be closed by board- <br />ing or such other means approved by the Building <br />Commissioner. <br />(d) Removal of signs. <br />Any sign located on the same property as any vacant structure, <br />which sign extends above, over or upon the public easement and which <br />sign the Building Commissioner determines is unsafe, shall be removed <br />on order of the Building Commissioner. <br />(e) Violation of Article deemed nuisance, abatement; appeals. <br />(1) The violation of any provision of this Article <br />constitutes a public nuisance which shall be abated as follows: <br />Whenever the Building Commissioner determines that a vacant <br />structure is being maintained in violation of this Article, <br />he shall notify, by certified mail, any person having a fee <br />interest, a life estate interest, or a substantial property <br />interest of the existing violation(s), indicate the corrective <br />action required under this Article, and order the corrective <br />action to be completed within ten (10) days from the date on <br />which the notice is received. Further, the notice shall state <br />that if the corrective action is not completed within the ten <br />(10) day period, the Building Commissioner will cause the work <br />to be completed. Where the Building Commissioner takes such <br />action, the cost of accomplishing the work may be entered as <br />a judgment by either the Superior or Circuit Court of St. Joseph <br />County against persons having a fee interest or life estate <br />interest in the premises. <br />(2) Any person having a fee interest, a life estate <br />interest or a substantial property interest or the person to <br />whom the order was issued has a right to request a hearing <br />before the Division of Code Enforcement Hearing Officer. He/ <br />she may appear at such hearing with or without legal counsel, <br />present evidence, cross - examine opposing witnesses, and present <br />arguments. The Division of Code Enforcement Hearing Officer <br />may make findings and take action either to affirm the order, <br />to rescind the order, or to modify the order. <br />(3) The final action taken by the Division of Code <br />Enforcement Hearing Officer shall be subject to review by the <br />Circuit or Superior Court of St. Joseph County. Any person <br />aggrieved by the action may file a complaint within ten (10) <br />calendar days after the date such action was taken. <br />SECTION III. That this Ordinance shall be in full force and <br />effect row m and after its passage by the Common Council, approval <br />by the Mavor, and legal publication. <br />PU,LIC HEARING I-o?6 <br />2nd READING <br />NOT APPROVED <br />REFERRED <br />PASSED <br />.v <br />Mem r of the Common Council <br />FILED Ii 01.0. �' �°xE <br />Irene Gammon <br />CITY QSK) SOUTH BEND, IND. <br />
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