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Rules committee discusses adopting state unsafe-structures statute; staff to refine enforcement body and wording
Summary
City staff proposed using Indiana’s unsafe-structure statute as an enforcement tool for chronic nuisance properties, allowing fines to be placed on property tax bills rather than as mechanical liens. Committee members asked for legal review and clearer enforcement procedures before adoption.
Logansport city staff presented an option to adopt the state’s unsafe-structure statute as a municipal enforcement tool. Staff said the change would allow fines and remediation costs to be placed on property taxes—making collection more enforceable—rather than only recording mechanical liens that pay off only when a property is sold.
Staff explained the proposed process: multiple formal notices to property owners, staff inspections and a hearing before an enforcement body (for example, the board of works or another designated board) that would issue findings such as public nuisance or fire hazard. If the enforcement body finds a property unsafe and the owner does not comply, the city could perform work or assess fines and record those amounts on the tax roll.
Committee members asked for clarifications: which enforcement body should hear cases (board of works was discussed but members suggested alternative compositions), how to set fine minimums and maximums so enforcement is meaningful, whether the city attorney should review statutory citations and letter templates, and how to ensure that staff have capacity to follow through when fines are assessed. Members also noted that court review could be required for certain actions and that aggressive enforcement can generate litigation.
Staff said the county uses the state statute and operates a process that issues findings and records liens through the county treasurer; staff recommended further discussion and legal review before formal adoption to ensure the city’s ordinance language matches state code requirements and defines an appropriate enforcement body. The committee asked staff to consult the city attorney and return with suggested ordinance language and enforcement-body options.
