(A) Purpose and authority.
(1) The Town Council has established an Unsafe Building Authority pursuant to IC 36-7-9-2 to protect the life, public safety, health and general welfare of the citizens of the town.
(2) The town has determined that there is a need to established a non-reverting fund for this Unsafe Building Authority to be utilized by the Unsafe Building Authority.
(3) Pursuant to IC 36- 7-9-14, the town desires to establish the Unsafe Building Non-Reverting Fund (the Fund) pursuant to the provisions contained herein.
(1) The Unsafe Building Authority Non-Reverting Fund shall be and is hereby established.
(2) The Unsafe Building Enforcement Authority hereby establishes in its operating budget a fund designated as the Unsafe Building Fund. Any balance remaining at the end of a fiscal year shall be carried over in the fund for the following year and does not revert to the General Fund.
(C) Money for the Unsafe Building Fund may be received from any source, including appropriations by local, state, or federal governments, and donations. The following money shall be deposited in the Fund:
(1) Money received as payment for or settlement of obligations or judgments established under IC 36-7-9 through 36-7-13 and IC 36-7-17 through 36-7-22.
(2) Money received from bonds posted under IC 36-7- 9.
(3) Money received in satisfaction of receivers’ notes or certificates that were issued under IC 36-7-9-20 and were purchased with money from the Unsafe Building Fund.
(4) Money received for payment or settlement of civil penalties or fines imposed under IC 36-7-9-7.
(5) Money received from the collection of special assessments under IC 36-7-9-13.
(6) Money received from the fee required for registration of foreclosed properties.
(D) Money in the Unsafe Building Fund may be used for the expenses incurred in carrying out the purposes of IC 36-7-9-7, including:
(1) The cost of obtaining reliable information about the identity and location of each person who owns a substantial property interest in unsafe premises;
(2) The cost of an examination of an unsafe building by a registered architect or registered engineer not employed by the department;
(3) The cost of surveys necessary to determine the location and dimensions of real property on which an unsafe building is located;
(4) The cost of giving notice of orders, notice of statements of recession, notice of continued hearing, and notice of statements that public bids are to be let in the manner prescribed by IC 36-7-9-25;
(5) The price bid of work by a contractor under IC 36- 7-9-10 or IC 36-7-9-12 through 36-7-9-22;
(6) The cost of emergency action under IC 36-7-9- 9; and
(7) The cost of notes or receivers’ certificates issued under IC 36-7-9-20.
(E) Payments or uses of the Fund shall be made through claim procedure, without necessity of appropriation by the Town Council in accordance with applicable law.
(‘86 Code, § 4-184) (Ord. 86-G-05, passed 5-27-86; Am. Ord. 2012-G-06, passed 6-4-12)
