Dubois County tightens property maintenance rules, adds hearing process and lien authority

The Dubois County Board of Commissioners adopted Ordinance 2024-06 at its May 6 meeting, revising the county’s Property Maintenance Ordinance (2019‑01) to add a definition of “Fence,” establish a hearing authority for Notices of Violation, and permit unpaid fines and costs to be recorded as liens against property.

County Attorney Gregory S. Schnarr presented the ordinance. The new definition requires that a “Fence” be 100% opaque and prohibits construction from used or discarded materials in disrepair (including, but not limited to, pallets, tree trunks, trash, junk, railroad ties, wooden doors, landscape timbers or utility poles). The ordinance inserts a new hearing procedure (Section 7), which entitles recipients of a Notice of Violation to appear before the Property Maintenance Hearing Authority, requires proof by a preponderance of the evidence, and preserves a 14‑day appeal window to the Dubois County Circuit Court. If the commissioners designate a third party Hearing Authority, that authority must issue a report to the commissioners within 14 calendar days.

The ordinance also adds language allowing unpaid fines and county costs to be added to property taxes and recorded as a lien; the transcript sets lien caps at $10,000 for real property that contains single- or double-family dwellings or is unimproved, and $20,000 for other real property. The ordinance was adopted unanimously; it takes effect upon passage and the completion of required legal steps.

The ordinance text recorded in the minutes includes a separability clause and a statement that prior conflicting ordinances are repealed. The minutes do not record a roll-call vote count beyond unanimous approval.