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812.537.0063513.367.4582

Deadline is October 9, 2012!Call today for more information or to reserve your space!

Oct. 17 & Oct. 18Oct. 17 & Oct. 18Oct. 17 & Oct. 18Oct. 17 & Oct. 18

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Oct. 17 & Oct. 18Oct. 17 & Oct. 18Oct. 17 & Oct. 18

The Harrison Press • The Dearborn County RegisterThe Risings Sun Recorder / The Ohio County News

LEGAL NOTICENOTICE

Absentee voting starts October 9 and ends at noonon November 5 at the Ohio County Courthouse.Hours will be Monday, Tuesday, Thursday and Fri-day 9-4 with lunch from noon to 1. Voting will beopen October 27, and November 3 from 9 - 1.

Annie Jo JacksonOhio County Clerk

C-9-27-RSR-2tC-9-27-OCN-2t

NOTICE OF ANNUAL MEETING The Annual Meeting of the Community MentalHealth Center, Inc. will be held Thursday, October18, 2012 at 5:30 p.m. at the Dearborn Country Clubin Aurora, Indiana. The primary purpose of themeeting will be the election of the Board of Direc-tors of the Community Mental Health Center, Inc.The meeting is open to the public. Anyone planningto attend should contact Diane Majrouh at (812)532-3402 no later than Friday, October 5, 2012 tomake reservations.

C-10-2-JP-1tC-10-4-RSR-1t

C-10-4-R-1tIN THE CIRCUIT COURT

FOR OHIO COUNTYSTATE OF INDIANA

CASE NO. 58C01-1209-MF-0022FRIENDSHIP STATE BANK,PLAINTIFF,v.KALIF T. VAUGHN, JEZRAEL VAUGHN, ZEPHACKIVAUGHN, AND HEIRS AND/OR DEVISEES OFELIZABETH ANN VAUGHN,DEFENDANTS.

SUMMONS BY PUBLICATIONTHE STATE OF INDIANA TO THE DEFENDANTSNAMED ABOVE AND ANY OTHER PERSON OR EN-TITY CONCERNED OR HAVING OR CLAIMING ANINTEREST IN THE REAL PROPERTY DESCRIBEDBELOW; You are hereby notified that you have been sued bythe parties named as the Plaintiff and in the courtindicated above. The nature of this suit is a Com-plaint on Note and for Foreclosure of Mortgage. Youhave been sued to answer as to any interest youmay have with respect to the following describedreal property: Lot Number Twenty (20) in A.C. Pepper's Additionto the Town now City of Rising Sun, as per platthereof, recorded in the Office of the Recorder ofOhio County, Indiana. Together with and subject to all covenants and re-strictions of record and any and all highways, ease-ments, rights and appurtenances thereunto belong-ing and appertaining. COMMONLY KNOWN AS: 223 South MulberryStreet, Rising Sun, Indiana 47040. You must file a written response to the Complainton Note and for Foreclosure of Mortgage withinthirty (30) days after the last notice of this action ispublished, and in case you fail to do so, judgmentby default may be entered against you for the reliefdemanded by the Plaintiff in the Complaint on Noteand for Foreclosure of Mortgage.DATE: September 27, 2012

Annie Jo JacksonClerk, Ohio County Circuit Court

Attorney for the Plaintiff:Keith D. Mull, Attorney No. 17087-32LAW OFFICES OF KEITH D. MULL, LLC2867 Charlestown RoadNew Albany, Indiana 47150(812) 206-2315

C-10-4-RSR-3tC-10-4-OCN-3t

NOTICE FOR PUBLIC HEARING The Rising Sun Board of Zoning Appeals will holda public hearing at 7:00 P.M. on Tuesday, October09, 2012, in the Conference Room of the City Ad -ministration Building, 200 N. Walnut Street, City ofRising Sun, County of Ohio, State of Indiana for thefollowing Purposes: Name: Sue Obertate Address: P. O. Box 121 Rising Sun, IN 47040 Variance from Development Standards and Usefor: To build a Front Porch at 318 North Poplar anda Sunroom from detached garage. Said hearing will be open to the public and com -ments will be heard. Rising Sun Board of Zoning Appeals Ed Hautman, Chairman

C-9-27-RSR-2tC-9-27-OCN-2t

ORDINANCE NO. 2012-6ORDINANCE ADOPTING

STATUTORY REGULATIONSREGARDING UNSAFE BUILDINGS

WHEREAS, the City of Rising Sun, Indiana, has anumber of unsafe buildings;

WHEREAS, the City of Rising Sun, Indiana, is inneed of establishing statutory regulations to insurethe safety of the citizens;

NOW, THEREFORE, BE IT ORDAINED BY THECOMMON COUNCIL OF THE CITY OF RISING SUN,INDIANA, states that the following language shallbe inserted as Chapter 96 in the Code ofOrdinances:CHAPTER 96: UNSAFE BUILDINGS§ 96.01 ADOPTION OF STATUTORY REGULATIONS.(A) Pursuant to the provisions of I.C. 36-7-9, thereis hereby established the Rising Sun Unsafe Build-ing Law.(B) The provisions of I.e. 36-7-9-1 through36-7-9-28 are hereby incorporated by reference inthe Rising Sun Unsafe Building Law. All proceed-ings within the city for the inspection, repair and re-moval of unsafe buildings shall be governed bysaid law and the provisions of this section. In theevent the provisions of this section conflict with theprovisions of I. C. 36-7-9-2 through 36-7-9-28, thenthe provisions of the state statute shall control.(C) All buildings or portions thereof within the citywhich are determined after inspection by the Build-ing Inspector to be unsafe as defined in this sectionare hereby declared to be public nuisances andshall be abated by repair, rehabilitation, demolitionor removal.(D) The Rising Sun Building Inspector shall beauthorized to administer and to proceed under theprovisions of said law in ordering the repair or re-moval of any building found to be unsafe as speci-fied therein or as specified hereafter.(E) Wherever in the building regulations of the cityor the Rising Sun Unsafe Building Law, it is pro -vided that anything must be done to the approval ofor subject to the direction of the Building Inspector,or any other officer of the city, this shall be con -strued to give such officer only the discretion of de-termining whether the rules and standards estab-lished by ordinance have been complied with; andno such provision shall be construed as giving anyofficer discretionary powers as to what suchregulations or standard shall be, power to requireconditions not described by ordinance, or to en -force ordinance provisions in an arbitrary or discre-tionary manner.(F) The description of an unsafe building con -tained in I.C. 36-7-9-4 is hereby supplemented toprovide minimum standards for building conditionor maintenance in the city by adding the followingdefinitions:(1) UNSAFE BUILDING means any building orstructure which has any or all of the conditions ordefects hereinafter described, provided that suchconditions or defects exist to the extent that life,health, property or safety of the public or its occu-pants are endangered:(a) Whenever any door, aisle, passageway orother means of exit is not of sufficient width or sizeor is not so arranged as to provide a safe and ade-quate means of exit in case of fire or panic.(b) Whenever the walking surface of any aisle, pas-sageway, stairway or other means of exit is sowarped, worn, loose, torn or otherwise unsafe as tonot provide safe and adequate means of exit in caseof fire or panic.(c) Whenever the stress in any materials, memberor portion thereof, due to all dead and live loads, ismore than one and one-half times the workingstress or stresses allowed for new buildings ofsimilar structure, purpose or location.(d) Whenever any portion thereof has been dam-aged by fire, earthquake, wind, flood, or by anyother cause, to such an extent that the structuralstrength or stability thereof is materially less than itwas before such catastrophe and is less than theminimum requirements for new buildings of similarstructure, purpose or location.(e) Whenever any portion, member or appurte -nance thereof is likely to fail, to become detachedor dislodged or to collapse and thereby injure per-sons or damage property.(f) Whenever any portion of a building, or anymember, appurtenance or ornamentation on the ex-terior thereof is not of sufficient strength or stabilityor is not so anchored, attached or fastened in placeso as to be capable of resisting a wind pressure ofone-half of that specified for new buildings of simi-lar structure, purpose or location without exceedingthe working stresses permitted for such buildings.(g) Whenever any portion thereof has wracked,warped, buckled or settled to such an extent thatwalls or other structural portions have materiallyless resistance to wind or earthquake than is re -quired in the case of similar new construction.(h) Whenever the building or structure, or any por-tion thereof, because of dilapidation, deteriorationor decay; faulty construction; the removal, move-ment or instability of any portion of the ground nec-essary for the purpose of supporting such building;the deterioration, decay or inadequacy of its foun-dation; or any other cause, is likely to partially orcompletely collapse.(i) Whenever, for any reason, the building orstructure, or any portion thereof, is manifestly un-safe for the purpose for which it is being used.(j) Whenever the exterior walls or other verticalstructural members lift, lean or buckle to such anextent that a plumb line passing through the centerof gravity does not fall inside the middle one-thirdof the base.(k) Whenever the building or structure, exclusiveof the foundation, shows 33% or more damage ordeterioration of its supporting member or members,or 50% damage or deterioration of its non-support-ing members, enclosing or outside walls or cover-ings.(l) Whenever the building or structure has beenso damaged by fire, wind, earthquake or flood orhas become so dilapidated or deteriorated so as tobecome an attractive nuisance to children, or freelyaccessible to persons for the purpose of commit-ting unlawful acts.(m) Whenever any building or structure has beenconstructed, exists or is maintained in violation ofany specific requirement or prohibition applicableto such building or structure provided by the build-ing regulations of this city, or of any law or ordi -nance of this state or city relating to the condition,location or structure of buildings.(n) Whenever any building or structure which,whether or not erected in accordance with all appli-cable laws or ordinances, has any non-supportingpart, member or portion less than 50%, or in anysupporting part, member or portion less than 66%of the strength, fire resisting qualities or character-istics, or weather-resisting qualities or characteris-tics required by law in the case of a newly con -structed building of like area, height and occupancyin the same location.(0) Whenever a building or structure used or in-tended to be used for dwelling purposes, becauseof inadequate maintenance, dilapidation, decay,damage, faulty construction or arrangement, inade-quate light, air or sanitation facilities, or otherwiseas determined by the Ohio County Board of Healthto be unsanitary, unfit for human habitation or insuch a condition that is likely to cause sickness ordisease.(p) Whenever any building or structure, becauseof obsolescence, dilapidated condition, deteriora-tion, damage, inadequate exits or lack of sufficientfireresistive construction as determined by the FireChief of the Rising Sun Volunteer FireDepartment is determined to be a fire hazard.(q) When any portion of a building or structure re-mains on a site after the demolition or destructionof the building or structure or whenever anybuilding or structure is abandoned for a period inexcess of six months so as to constitute suchbuilding or portion thereof an attractive nuisance orhazard to the public.(2) UNSAFE BUILDING also means, for the pur -poses of the Unsafe Building Law, a tract of realproperty that does not contain a building or struc-ture, not including land used for production agricul-ture, is an unsafe premises if the tract is a fire haz-ard, a hazard to public health, a public nuisance, ordangerous to a person or property.(G) A definition of SUBSTANTIAL PROPERTY IN-TEREST set forth in I.C. 36-7-9-2 is hereby incorpo-rated by reference herein as if copied in full.(H) All work for the reconstruction, repair or demo-lition of buildings and other structures shall be per-formed in a good workmanlike manner according tothe accepted standards and practices in. the trade.The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Preventionand Building Safety Commission (675 lAC), includ-ing 675 lAC 12-4-9 and 675 lAC 12-4-11(a), shallbe considered standard and acceptable practice forall matters covered by this sectionor orders issued pursuant to this section by theBuilding Inspector of the city.(I) (1) An Unsafe Building Fund is hereby estab -lished in the operating budget of the city and in ac-cordance with the provisions of I.C. 36-7-9-14. Anybalance remaining in the Fund at the end of a fiscalyear shall be carried over in the Fund for thefollowing year and shall not revert to the GeneralFund. Money for the Unsafe Building Fund may bereceived from any sources including appropriationsby local, state or federal governments, and dona-tions. The following monies shall be deposited inthe Unsafe Building Fund:(a) Monies received as payment for or settlementof obligations or judgments established under I.C.36-7-9-9 through 36-7-9-13 and I.C. 36-7-9-17through 36-7-9-22.(b) Monies received from bonds posted under I. C.36-7-9-7.(c) Money received in satisfaction of receiver'snotes or certificates that were issued under I.C.36-7-9-20 and were purchased with money from theUnsafe Building Fund.(d) Money received for payment or settlement ofcivil penalties imposed under I.C. 36-7-9-7.(2) Money in the Unsafe Building Fund may beused for the expenses incurred in carrying out thepurposes of this section, including:(a) The cost of obtaining reliable informationabout the identity and location of each person whoowns a substantial property interest in unsafepremises;(b) The cost of an examination of an unsafe build-ing by a registeredarchitect or registered engineer not employed bythe department;(c) The cost of surveys necessary to determinethe location and dimensions of real property onwhich an unsafe building is located;(d) The cost of giving notice of orders, notice ofstatements of rescission, notice of continued hear-ing, and notice of statements that public bids areto be let in the manner prescribed by I.C. 36-7-9-25;(e) The bid price of work by a contractor underI.C. 36-7-9-10 or pursuant to I.C. 36-7-9-17 through36-7-9-22;(f) The cost of emergency action under I.C.36-7-9-9; and(g) The cost of notes or receivers' certificates is-sued under I. C. 36-7-9-20.(3) All payments of monies from the Unsafe Build-ing Fund must be made in accordance with applica-ble law.(J) No person, firm or corporation, whether anowner, lessee, sub-lessee or occupant, shall erect,construct, enlarge, alter, repair, move, improve, re-move, demolish, equip, use, occupy or maintain anybuilding or premises, or cause or permit the sameto be done, contrary to or in violation of any of theprovisions of this section or any order issued bythe Building Inspector. Any person violating theprovisions of this section or I.C. 36-7-9-2 shall com-mit a Class C infraction for each day such violationcontinues.§ 96.02 RESPONSIBILITY FOR ADMINISTRATION.The Building Inspector shall be responsible for theadministration of this chapter in the city.§ 96.03 HEARING OFFICER.The designated Hearing Officer for violations is -sued under this section shall be a person appointedby the Mayor. Any decision made by the Hearing Of-ficer is subject to appeal to the Common Council ofthe city upon written request by either party tothe action, made within ten days of the Hearing Offi-cers decision. Appeals of the decisions of the Com-mon Council are made to the Ohio Circuit Court,made within ten days of the Common Councils de-cision.Effective Date. This ordinance shall be in full forceand effect immediately after its passage and ap -proval by the Mayor of the City of Rising Sun, Indi-ana, and after proper publication and posting as re-quired by law.PASSED AND APPROVED by the Common Councilof the City of Rising Sun, Indiana this 6th day ofSeptember, 2012

Steve SlackDennis Radcliff

Mike PadgettJillian Nead

Gary KinnettPresented to the Mayor of the City of Rising Sun,Indiana, for his approval and signature this 6th dayof September, 2012.

Rae Baker Gipson, Clerk TreasurerThis Ordinance duly approved and signed by me onthis 6th day of September, 2012.

Branden Roeder, MayorAttest:

Rae Baker Gipson, Clerk TreasurerC-10-4-RSR-1tC-10-4-OCN-1t

ORDINANCE NO. 2012-6ORDINANCE ADOPTING

STATUTORY REGULATIONSREGARDING UNSAFE BUILDINGS

WHEREAS, the City of Rising Sun, Indiana, has anumber of unsafe buildings;

WHEREAS, the City of Rising Sun, Indiana, is inneed of establishing statutory regulations to insurethe safety of the citizens;

NOW, THEREFORE, BE IT ORDAINED BY THECOMMON COUNCIL OF THE CITY OF RISING SUN,INDIANA, states that the following language shallbe inserted as Chapter 96 in the Code ofOrdinances:CHAPTER 96: UNSAFE BUILDINGS§ 96.01 ADOPTION OF STATUTORY REGULATIONS.(A) Pursuant to the provisions of I.C. 36-7-9, thereis hereby established the Rising Sun Unsafe Build-ing Law.(B) The provisions of I.e. 36-7-9-1 through36-7-9-28 are hereby incorporated by reference inthe Rising Sun Unsafe Building Law. All proceed-ings within the city for the inspection, repair and re-moval of unsafe buildings shall be governed bysaid law and the provisions of this section. In theevent the provisions of this section conflict with theprovisions of I. C. 36-7-9-2 through 36-7-9-28, thenthe provisions of the state statute shall control.(C) All buildings or portions thereof within the citywhich are determined after inspection by the Build-ing Inspector to be unsafe as defined in this sectionare hereby declared to be public nuisances andshall be abated by repair, rehabilitation, demolitionor removal.(D) The Rising Sun Building Inspector shall beauthorized to administer and to proceed under theprovisions of said law in ordering the repair or re-moval of any building found to be unsafe as speci-fied therein or as specified hereafter.(E) Wherever in the building regulations of the cityor the Rising Sun Unsafe Building Law, it is pro -vided that anything must be done to the approval ofor subject to the direction of the Building Inspector,or any other officer of the city, this shall be con -strued to give such officer only the discretion of de-termining whether the rules and standards estab-lished by ordinance have been complied with; andno such provision shall be construed as giving anyofficer discretionary powers as to what suchregulations or standard shall be, power to requireconditions not described by ordinance, or to en -force ordinance provisions in an arbitrary or discre-tionary manner.(F) The description of an unsafe building con -tained in I.C. 36-7-9-4 is hereby supplemented toprovide minimum standards for building conditionor maintenance in the city by adding the followingdefinitions:(1) UNSAFE BUILDING means any building orstructure which has any or all of the conditions ordefects hereinafter described, provided that suchconditions or defects exist to the extent that life,health, property or safety of the public or its occu-pants are endangered:(a) Whenever any door, aisle, passageway orother means of exit is not of sufficient width or sizeor is not so arranged as to provide a safe and ade-quate means of exit in case of fire or panic.(b) Whenever the walking surface of any aisle, pas-sageway, stairway or other means of exit is sowarped, worn, loose, torn or otherwise unsafe as tonot provide safe and adequate means of exit in caseof fire or panic.(c) Whenever the stress in any materials, memberor portion thereof, due to all dead and live loads, ismore than one and one-half times the workingstress or stresses allowed for new buildings ofsimilar structure, purpose or location.(d) Whenever any portion thereof has been dam-aged by fire, earthquake, wind, flood, or by anyother cause, to such an extent that the structuralstrength or stability thereof is materially less than itwas before such catastrophe and is less than theminimum requirements for new buildings of similarstructure, purpose or location.(e) Whenever any portion, member or appurte -nance thereof is likely to fail, to become detachedor dislodged or to collapse and thereby injure per-sons or damage property.(f) Whenever any portion of a building, or anymember, appurtenance or ornamentation on the ex-terior thereof is not of sufficient strength or stabilityor is not so anchored, attached or fastened in placeso as to be capable of resisting a wind pressure ofone-half of that specified for new buildings of simi-lar structure, purpose or location without exceedingthe working stresses permitted for such buildings.(g) Whenever any portion thereof has wracked,warped, buckled or settled to such an extent thatwalls or other structural portions have materiallyless resistance to wind or earthquake than is re -quired in the case of similar new construction.(h) Whenever the building or structure, or any por-tion thereof, because of dilapidation, deteriorationor decay; faulty construction; the removal, move-ment or instability of any portion of the ground nec-essary for the purpose of supporting such building;the deterioration, decay or inadequacy of its foun-dation; or any other cause, is likely to partially orcompletely collapse.(i) Whenever, for any reason, the building orstructure, or any portion thereof, is manifestly un-safe for the purpose for which it is being used.(j) Whenever the exterior walls or other verticalstructural members lift, lean or buckle to such anextent that a plumb line passing through the centerof gravity does not fall inside the middle one-thirdof the base.(k) Whenever the building or structure, exclusiveof the foundation, shows 33% or more damage ordeterioration of its supporting member or members,or 50% damage or deterioration of its non-support-ing members, enclosing or outside walls or cover-ings.(l) Whenever the building or structure has beenso damaged by fire, wind, earthquake or flood orhas become so dilapidated or deteriorated so as tobecome an attractive nuisance to children, or freelyaccessible to persons for the purpose of commit-ting unlawful acts.(m) Whenever any building or structure has beenconstructed, exists or is maintained in violation ofany specific requirement or prohibition applicableto such building or structure provided by the build-ing regulations of this city, or of any law or ordi -nance of this state or city relating to the condition,location or structure of buildings.(n) Whenever any building or structure which,whether or not erected in accordance with all appli-cable laws or ordinances, has any non-supportingpart, member or portion less than 50%, or in anysupporting part, member or portion less than 66%of the strength, fire resisting qualities or character-istics, or weather-resisting qualities or characteris-tics required by law in the case of a newly con -structed building of like area, height and occupancyin the same location.(0) Whenever a building or structure used or in-tended to be used for dwelling purposes, becauseof inadequate maintenance, dilapidation, decay,damage, faulty construction or arrangement, inade-quate light, air or sanitation facilities, or otherwiseas determined by the Ohio County Board of Healthto be unsanitary, unfit for human habitation or insuch a condition that is likely to cause sickness ordisease.(p) Whenever any building or structure, becauseof obsolescence, dilapidated condition, deteriora-tion, damage, inadequate exits or lack of sufficientfireresistive construction as determined by the FireChief of the Rising Sun Volunteer FireDepartment is determined to be a fire hazard.(q) When any portion of a building or structure re-mains on a site after the demolition or destructionof the building or structure or whenever anybuilding or structure is abandoned for a period inexcess of six months so as to constitute suchbuilding or portion thereof an attractive nuisance orhazard to the public.(2) UNSAFE BUILDING also means, for the pur -poses of the Unsafe Building Law, a tract of realproperty that does not contain a building or struc-ture, not including land used for production agricul-ture, is an unsafe premises if the tract is a fire haz-ard, a hazard to public health, a public nuisance, ordangerous to a person or property.(G) A definition of SUBSTANTIAL PROPERTY IN-TEREST set forth in I.C. 36-7-9-2 is hereby incorpo-rated by reference herein as if copied in full.(H) All work for the reconstruction, repair or demo-lition of buildings and other structures shall be per-formed in a good workmanlike manner according tothe accepted standards and practices in. the trade.The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Preventionand Building Safety Commission (675 lAC), includ-ing 675 lAC 12-4-9 and 675 lAC 12-4-11(a), shallbe considered standard and acceptable practice forall matters covered by this sectionor orders issued pursuant to this section by theBuilding Inspector of the city.(I) (1) An Unsafe Building Fund is hereby estab -lished in the operating budget of the city and in ac-cordance with the provisions of I.C. 36-7-9-14. Anybalance remaining in the Fund at the end of a fiscalyear shall be carried over in the Fund for thefollowing year and shall not revert to the GeneralFund. Money for the Unsafe Building Fund may bereceived from any sources including appropriationsby local, state or federal governments, and dona-tions. The following monies shall be deposited inthe Unsafe Building Fund:(a) Monies received as payment for or settlementof obligations or judgments established under I.C.36-7-9-9 through 36-7-9-13 and I.C. 36-7-9-17through 36-7-9-22.(b) Monies received from bonds posted under I. C.36-7-9-7.(c) Money received in satisfaction of receiver'snotes or certificates that were issued under I.C.36-7-9-20 and were purchased with money from theUnsafe Building Fund.(d) Money received for payment or settlement ofcivil penalties imposed under I.C. 36-7-9-7.(2) Money in the Unsafe Building Fund may beused for the expenses incurred in carrying out thepurposes of this section, including:(a) The cost of obtaining reliable informationabout the identity and location of each person whoowns a substantial property interest in unsafepremises;(b) The cost of an examination of an unsafe build-ing by a registeredarchitect or registered engineer not employed bythe department;(c) The cost of surveys necessary to determinethe location and dimensions of real property onwhich an unsafe building is located;(d) The cost of giving notice of orders, notice ofstatements of rescission, notice of continued hear-ing, and notice of statements that public bids areto be let in the manner prescribed by I.C. 36-7-9-25;(e) The bid price of work by a contractor underI.C. 36-7-9-10 or pursuant to I.C. 36-7-9-17 through36-7-9-22;(f) The cost of emergency action under I.C.36-7-9-9; and(g) The cost of notes or receivers' certificates is-sued under I. C. 36-7-9-20.(3) All payments of monies from the Unsafe Build-ing Fund must be made in accordance with applica-ble law.(J) No person, firm or corporation, whether anowner, lessee, sub-lessee or occupant, shall erect,construct, enlarge, alter, repair, move, improve, re-move, demolish, equip, use, occupy or maintain anybuilding or premises, or cause or permit the sameto be done, contrary to or in violation of any of theprovisions of this section or any order issued bythe Building Inspector. Any person violating theprovisions of this section or I.C. 36-7-9-2 shall com-mit a Class C infraction for each day such violationcontinues.§ 96.02 RESPONSIBILITY FOR ADMINISTRATION.The Building Inspector shall be responsible for theadministration of this chapter in the city.§ 96.03 HEARING OFFICER.The designated Hearing Officer for violations is -sued under this section shall be a person appointedby the Mayor. Any decision made by the Hearing Of-ficer is subject to appeal to the Common Council ofthe city upon written request by either party tothe action, made within ten days of the Hearing Offi-cers decision. Appeals of the decisions of the Com-mon Council are made to the Ohio Circuit Court,made within ten days of the Common Councils de-cision.Effective Date. This ordinance shall be in full forceand effect immediately after its passage and ap -proval by the Mayor of the City of Rising Sun, Indi-ana, and after proper publication and posting as re-quired by law.PASSED AND APPROVED by the Common Councilof the City of Rising Sun, Indiana this 6th day ofSeptember, 2012

Steve SlackDennis Radcliff

Mike PadgettJillian Nead

Gary KinnettPresented to the Mayor of the City of Rising Sun,Indiana, for his approval and signature this 6th dayof September, 2012.

Rae Baker Gipson, Clerk TreasurerThis Ordinance duly approved and signed by me onthis 6th day of September, 2012.

Branden Roeder, MayorAttest:

Rae Baker Gipson, Clerk TreasurerC-10-4-RSR-1tC-10-4-OCN-1t

ORDINANCE NO. 2012-6ORDINANCE ADOPTING

STATUTORY REGULATIONSREGARDING UNSAFE BUILDINGS

WHEREAS, the City of Rising Sun, Indiana, has anumber of unsafe buildings;

WHEREAS, the City of Rising Sun, Indiana, is inneed of establishing statutory regulations to insurethe safety of the citizens;

NOW, THEREFORE, BE IT ORDAINED BY THECOMMON COUNCIL OF THE CITY OF RISING SUN,INDIANA, states that the following language shallbe inserted as Chapter 96 in the Code ofOrdinances:CHAPTER 96: UNSAFE BUILDINGS§ 96.01 ADOPTION OF STATUTORY REGULATIONS.(A) Pursuant to the provisions of I.C. 36-7-9, thereis hereby established the Rising Sun Unsafe Build-ing Law.(B) The provisions of I.e. 36-7-9-1 through36-7-9-28 are hereby incorporated by reference inthe Rising Sun Unsafe Building Law. All proceed-ings within the city for the inspection, repair and re-moval of unsafe buildings shall be governed bysaid law and the provisions of this section. In theevent the provisions of this section conflict with theprovisions of I. C. 36-7-9-2 through 36-7-9-28, thenthe provisions of the state statute shall control.(C) All buildings or portions thereof within the citywhich are determined after inspection by the Build-ing Inspector to be unsafe as defined in this sectionare hereby declared to be public nuisances andshall be abated by repair, rehabilitation, demolitionor removal.(D) The Rising Sun Building Inspector shall beauthorized to administer and to proceed under theprovisions of said law in ordering the repair or re-moval of any building found to be unsafe as speci-fied therein or as specified hereafter.(E) Wherever in the building regulations of the cityor the Rising Sun Unsafe Building Law, it is pro -vided that anything must be done to the approval ofor subject to the direction of the Building Inspector,or any other officer of the city, this shall be con -strued to give such officer only the discretion of de-termining whether the rules and standards estab-lished by ordinance have been complied with; andno such provision shall be construed as giving anyofficer discretionary powers as to what suchregulations or standard shall be, power to requireconditions not described by ordinance, or to en -force ordinance provisions in an arbitrary or discre-tionary manner.(F) The description of an unsafe building con -tained in I.C. 36-7-9-4 is hereby supplemented toprovide minimum standards for building conditionor maintenance in the city by adding the followingdefinitions:(1) UNSAFE BUILDING means any building orstructure which has any or all of the conditions ordefects hereinafter described, provided that suchconditions or defects exist to the extent that life,health, property or safety of the public or its occu-pants are endangered:(a) Whenever any door, aisle, passageway orother means of exit is not of sufficient width or sizeor is not so arranged as to provide a safe and ade-quate means of exit in case of fire or panic.(b) Whenever the walking surface of any aisle, pas-sageway, stairway or other means of exit is sowarped, worn, loose, torn or otherwise unsafe as tonot provide safe and adequate means of exit in caseof fire or panic.(c) Whenever the stress in any materials, memberor portion thereof, due to all dead and live loads, ismore than one and one-half times the workingstress or stresses allowed for new buildings ofsimilar structure, purpose or location.(d) Whenever any portion thereof has been dam-aged by fire, earthquake, wind, flood, or by anyother cause, to such an extent that the structuralstrength or stability thereof is materially less than itwas before such catastrophe and is less than theminimum requirements for new buildings of similarstructure, purpose or location.(e) Whenever any portion, member or appurte -nance thereof is likely to fail, to become detachedor dislodged or to collapse and thereby injure per-sons or damage property.(f) Whenever any portion of a building, or anymember, appurtenance or ornamentation on the ex-terior thereof is not of sufficient strength or stabilityor is not so anchored, attached or fastened in placeso as to be capable of resisting a wind pressure ofone-half of that specified for new buildings of simi-lar structure, purpose or location without exceedingthe working stresses permitted for such buildings.(g) Whenever any portion thereof has wracked,warped, buckled or settled to such an extent thatwalls or other structural portions have materiallyless resistance to wind or earthquake than is re -quired in the case of similar new construction.(h) Whenever the building or structure, or any por-tion thereof, because of dilapidation, deteriorationor decay; faulty construction; the removal, move-ment or instability of any portion of the ground nec-essary for the purpose of supporting such building;the deterioration, decay or inadequacy of its foun-dation; or any other cause, is likely to partially orcompletely collapse.(i) Whenever, for any reason, the building orstructure, or any portion thereof, is manifestly un-safe for the purpose for which it is being used.(j) Whenever the exterior walls or other verticalstructural members lift, lean or buckle to such anextent that a plumb line passing through the centerof gravity does not fall inside the middle one-thirdof the base.(k) Whenever the building or structure, exclusiveof the foundation, shows 33% or more damage ordeterioration of its supporting member or members,or 50% damage or deterioration of its non-support-ing members, enclosing or outside walls or cover-ings.(l) Whenever the building or structure has beenso damaged by fire, wind, earthquake or flood orhas become so dilapidated or deteriorated so as tobecome an attractive nuisance to children, or freelyaccessible to persons for the purpose of commit-ting unlawful acts.(m) Whenever any building or structure has beenconstructed, exists or is maintained in violation ofany specific requirement or prohibition applicableto such building or structure provided by the build-ing regulations of this city, or of any law or ordi -nance of this state or city relating to the condition,location or structure of buildings.(n) Whenever any building or structure which,whether or not erected in accordance with all appli-cable laws or ordinances, has any non-supportingpart, member or portion less than 50%, or in anysupporting part, member or portion less than 66%of the strength, fire resisting qualities or character-istics, or weather-resisting qualities or characteris-tics required by law in the case of a newly con -structed building of like area, height and occupancyin the same location.(0) Whenever a building or structure used or in-tended to be used for dwelling purposes, becauseof inadequate maintenance, dilapidation, decay,damage, faulty construction or arrangement, inade-quate light, air or sanitation facilities, or otherwiseas determined by the Ohio County Board of Healthto be unsanitary, unfit for human habitation or insuch a condition that is likely to cause sickness ordisease.(p) Whenever any building or structure, becauseof obsolescence, dilapidated condition, deteriora-tion, damage, inadequate exits or lack of sufficientfireresistive construction as determined by the FireChief of the Rising Sun Volunteer FireDepartment is determined to be a fire hazard.(q) When any portion of a building or structure re-mains on a site after the demolition or destructionof the building or structure or whenever anybuilding or structure is abandoned for a period inexcess of six months so as to constitute suchbuilding or portion thereof an attractive nuisance orhazard to the public.(2) UNSAFE BUILDING also means, for the pur -poses of the Unsafe Building Law, a tract of realproperty that does not contain a building or struc-ture, not including land used for production agricul-ture, is an unsafe premises if the tract is a fire haz-ard, a hazard to public health, a public nuisance, ordangerous to a person or property.(G) A definition of SUBSTANTIAL PROPERTY IN-TEREST set forth in I.C. 36-7-9-2 is hereby incorpo-rated by reference herein as if copied in full.(H) All work for the reconstruction, repair or demo-lition of buildings and other structures shall be per-formed in a good workmanlike manner according tothe accepted standards and practices in. the trade.The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Preventionand Building Safety Commission (675 lAC), includ-ing 675 lAC 12-4-9 and 675 lAC 12-4-11(a), shallbe considered standard and acceptable practice forall matters covered by this sectionor orders issued pursuant to this section by theBuilding Inspector of the city.(I) (1) An Unsafe Building Fund is hereby estab -lished in the operating budget of the city and in ac-cordance with the provisions of I.C. 36-7-9-14. Anybalance remaining in the Fund at the end of a fiscalyear shall be carried over in the Fund for thefollowing year and shall not revert to the GeneralFund. Money for the Unsafe Building Fund may bereceived from any sources including appropriationsby local, state or federal governments, and dona-tions. The following monies shall be deposited inthe Unsafe Building Fund:(a) Monies received as payment for or settlementof obligations or judgments established under I.C.36-7-9-9 through 36-7-9-13 and I.C. 36-7-9-17through 36-7-9-22.(b) Monies received from bonds posted under I. C.36-7-9-7.(c) Money received in satisfaction of receiver'snotes or certificates that were issued under I.C.36-7-9-20 and were purchased with money from theUnsafe Building Fund.(d) Money received for payment or settlement ofcivil penalties imposed under I.C. 36-7-9-7.(2) Money in the Unsafe Building Fund may beused for the expenses incurred in carrying out thepurposes of this section, including:(a) The cost of obtaining reliable informationabout the identity and location of each person whoowns a substantial property interest in unsafepremises;(b) The cost of an examination of an unsafe build-ing by a registeredarchitect or registered engineer not employed bythe department;(c) The cost of surveys necessary to determinethe location and dimensions of real property onwhich an unsafe building is located;(d) The cost of giving notice of orders, notice ofstatements of rescission, notice of continued hear-ing, and notice of statements that public bids areto be let in the manner prescribed by I.C. 36-7-9-25;(e) The bid price of work by a contractor underI.C. 36-7-9-10 or pursuant to I.C. 36-7-9-17 through36-7-9-22;(f) The cost of emergency action under I.C.36-7-9-9; and(g) The cost of notes or receivers' certificates is-sued under I. C. 36-7-9-20.(3) All payments of monies from the Unsafe Build-ing Fund must be made in accordance with applica-ble law.(J) No person, firm or corporation, whether anowner, lessee, sub-lessee or occupant, shall erect,construct, enlarge, alter, repair, move, improve, re-move, demolish, equip, use, occupy or maintain anybuilding or premises, or cause or permit the sameto be done, contrary to or in violation of any of theprovisions of this section or any order issued bythe Building Inspector. Any person violating theprovisions of this section or I.C. 36-7-9-2 shall com-mit a Class C infraction for each day such violationcontinues.§ 96.02 RESPONSIBILITY FOR ADMINISTRATION.The Building Inspector shall be responsible for theadministration of this chapter in the city.§ 96.03 HEARING OFFICER.The designated Hearing Officer for violations is -sued under this section shall be a person appointedby the Mayor. Any decision made by the Hearing Of-ficer is subject to appeal to the Common Council ofthe city upon written request by either party tothe action, made within ten days of the Hearing Offi-cers decision. Appeals of the decisions of the Com-mon Council are made to the Ohio Circuit Court,made within ten days of the Common Councils de-cision.Effective Date. This ordinance shall be in full forceand effect immediately after its passage and ap -proval by the Mayor of the City of Rising Sun, Indi-ana, and after proper publication and posting as re-quired by law.PASSED AND APPROVED by the Common Councilof the City of Rising Sun, Indiana this 6th day ofSeptember, 2012

Steve SlackDennis Radcliff

Mike PadgettJillian Nead

Gary KinnettPresented to the Mayor of the City of Rising Sun,Indiana, for his approval and signature this 6th dayof September, 2012.

Rae Baker Gipson, Clerk TreasurerThis Ordinance duly approved and signed by me onthis 6th day of September, 2012.

Branden Roeder, MayorAttest:

Rae Baker Gipson, Clerk TreasurerC-10-4-RSR-1tC-10-4-OCN-1t

NOTICE OF SHERIFF'S SALE By virtue of a certified copy of a decree to me di-rected from the Clerk of the Superior Court of OhioCounty, Indiana, in Cause No. 58C01-1108-MF-0018,wherein Bank of America, N.A. successor bymerger to BAC Home Loans Servicing, LP f/k/aCountrywide Home Loans Servicing, LP was Plain-tiff, and Tina R. Schultz a/k/a Tina Marie Schultza/k/a Teena Schultz and David W. Schultz a/k/aDavid Wayne Schultz, were the Defendants, requir-ing me to make the sum as provided for in said De-cree with interest and costs, I will expose at publicsale to the highest bidder, on the 4th day of Decem-ber, 2012 at 10:00 A.M. of said day, at the 123 S.Mulberry St., Rising Sun, IN 47040, the fee simple ofthe whole body of Real Estate in Ohio County, Indi-ana: The following described real estate in Ohio County,State of Indiana: A part of the Northeast Quarter ofSection 2, Township 3 North, Range 2 West of theFirst Principal Meridian located in Cass Township,Ohio County, Indiana, described as follows:Beginning at an iron pin found at the SoutheastCorner of the Northeast Quarter of Section 2, Town-ship 3 North, Range 2 West; thence with the EastLine of Section 2, North 0 degrees 12' 36" East435.87 feet to an iron pin and The Point of Begin -ning; thence with the North Line of a certain 11.125acre tract, North 88 degrees 34' 08" West 2091.01feet to a Railroad Spike in the center of a SalemRidge Road (this line also passing through ironpins at 874.96 feet and 20761.01 feet); thence withthe center of said road, first North 47 degrees 27'00" East 100.31 feet and thence North 47 degrees22' 00" East 308.03 feet to a Railroad Spike; thenceleaving said road and with the South Line of a cer-tain 10.776 acre tract, South 86 degrees 43' 3~'' East1793.6 feet to an iron pipe on the East Line of Sec-tion 2 (this line also passing a large wood post at 25feet and through an iron pipe at 839.76 feet); thencewith said East Line of Section 2, South a degrees12' 36" West 226.23 feet to The Point of Beginning.

58-05-02-100-008.000-001and commonly known as: 7501 Salem Ridge Road,Aurora, IN 47001. Subject to all easements and restrictions of recordnot otherwise extinguished in the proceedingsknown as Cause # 58C01-1108-MF-0018 in the Supe-rior Court of the County of Ohio Indiana, and sub-ject to all real estate taxes, and assessments cur-rently due, delinquent or which are to become alien. Said sale will be made without relief from valuationor appraisement laws. If the sale is set aside for anyreason, the Purchaser at the sale shall be entitledonly to a return of the deposit paid. The Purchasershalt have no further recourse against the Mortga-gor, the Mortgagee, or the Mortgagee's Attorney.

Eldon FancherOhio County SheriffCass Township

James L. Shoemaker (19562-49)S. Brent Potter (10900-49)Craig D. Doyle (4783-49)Rayanna A. Binder (24776-49)Christina M. Bruno  (27334-49)Curt D. Hochbein (29284-29)Ryan T. Kiernan (29316-49)David M. Johnson (30-354-45)Doyle Legal Corporation, P.C.41 E Washington Street, Suite 400Indianapolis, IN 46204Telephone (317) 264-5000Facsimile (317) 264-5400 

C-9-20-RSR-3t

NOTICE OF SHERIFF'S SALE By virtue of a certified copy of a decree to me di-rected from the Clerk of the Superior Court of OhioCounty, Indiana, in Cause No. 58C01-1108-MF-0018,wherein Bank of America, N.A. successor bymerger to BAC Home Loans Servicing, LP f/k/aCountrywide Home Loans Servicing, LP was Plain-tiff, and Tina R. Schultz a/k/a Tina Marie Schultza/k/a Teena Schultz and David W. Schultz a/k/aDavid Wayne Schultz, were the Defendants, requir-ing me to make the sum as provided for in said De-cree with interest and costs, I will expose at publicsale to the highest bidder, on the 4th day of Decem-ber, 2012 at 10:00 A.M. of said day, at the 123 S.Mulberry St., Rising Sun, IN 47040, the fee simple ofthe whole body of Real Estate in Ohio County, Indi-ana: The following described real estate in Ohio County,State of Indiana: A part of the Northeast Quarter ofSection 2, Township 3 North, Range 2 West of theFirst Principal Meridian located in Cass Township,Ohio County, Indiana, described as follows:Beginning at an iron pin found at the SoutheastCorner of the Northeast Quarter of Section 2, Town-ship 3 North, Range 2 West; thence with the EastLine of Section 2, North 0 degrees 12' 36" East435.87 feet to an iron pin and The Point of Begin -ning; thence with the North Line of a certain 11.125acre tract, North 88 degrees 34' 08" West 2091.01feet to a Railroad Spike in the center of a SalemRidge Road (this line also passing through ironpins at 874.96 feet and 20761.01 feet); thence withthe center of said road, first North 47 degrees 27'00" East 100.31 feet and thence North 47 degrees22' 00" East 308.03 feet to a Railroad Spike; thenceleaving said road and with the South Line of a cer-tain 10.776 acre tract, South 86 degrees 43' 3~'' East1793.6 feet to an iron pipe on the East Line of Sec-tion 2 (this line also passing a large wood post at 25feet and through an iron pipe at 839.76 feet); thencewith said East Line of Section 2, South a degrees12' 36" West 226.23 feet to The Point of Beginning.

58-05-02-100-008.000-001and commonly known as: 7501 Salem Ridge Road,Aurora, IN 47001. Subject to all easements and restrictions of recordnot otherwise extinguished in the proceedingsknown as Cause # 58C01-1108-MF-0018 in the Supe-rior Court of the County of Ohio Indiana, and sub-ject to all real estate taxes, and assessments cur-rently due, delinquent or which are to become alien. Said sale will be made without relief from valuationor appraisement laws. If the sale is set aside for anyreason, the Purchaser at the sale shall be entitledonly to a return of the deposit paid. The Purchasershalt have no further recourse against the Mortga-gor, the Mortgagee, or the Mortgagee's Attorney.

Eldon FancherOhio County SheriffCass Township

James L. Shoemaker (19562-49)S. Brent Potter (10900-49)Craig D. Doyle (4783-49)Rayanna A. Binder (24776-49)Christina M. Bruno  (27334-49)Curt D. Hochbein (29284-29)Ryan T. Kiernan (29316-49)David M. Johnson (30-354-45)Doyle Legal Corporation, P.C.41 E Washington Street, Suite 400Indianapolis, IN 46204Telephone (317) 264-5000Facsimile (317) 264-5400 

C-9-20-RSR-3t

SUMMONS - SERVICE BY PUBLICATIONIN THE OHIO CIRCUIT COURT

CAUSE NO. 58C01-1204-MF-0013STATE OF INDIANACOUNTY OF OHIO )ss:U.S. BANK NATIONAL ASSOCIATION,Plaintiff,vs.DAVID ENGLAND and UNITED GUARANTY RESI-DENTIAL INSURANCE COMPANY OF NORTHCAROLINA,Defendants.

NOTICE OF SUITThe State of Indiana to the Defendant(s) abovenamed, and any other person who may be con -cerned. You are hereby notified that you have been sued inthe Court above named. The nature of the suit against you is:Complaint on Note and to Foreclose Mortgage onReal Estate Against the property commonly known as 4852Cass Union Rd, Rising Sun, IN 47040-9657 and de-scribed as follows: A part of the Northwest Quarter of Section Ten (10),Township Three (3) North, Range Two (2) West,bounded as follows: Beginning on the Steele's Cor-ner and Aberdeen County Highway at the South -west comer of the small parcel of ground formerlyowned by Jale Suits, and fonnerly owned by 10hnW. Fletcher and running thence East 203 feet.thence South 87 feet; thence West 232 feet to saidHighway; thence Northwesterly along said Highwayto the place of beginning, containing one acre ofland, more or less. This summons by publication is specifically di -rected to the following named defendant(s); United Guaranty Residential Insurance Company ofNorth Carolina This summons by publication is specifically di -rected to the following named defendant(s) whosewhereabouts are unknown:

David England If you have a claim for relief against the plaintiffarising from the same transaction or occurrence,you must assert it in your written answer or re -sponse. You must answer the Complaint in writing. by youor your attomey by November 3, 2012 and if you failto do so a judgment by default may be enteredagainst you for the relief demanded, by the Plaintiff.

FEIWELL & HANNOY, P.C.By ALAN W. MCEWANAttorney No. 2405149Attorney for Plaintiff

ALAN W. MCEWANFEIWELL & HANNOY, P.C.251 N. Illinois Street, Suite 1700Indianapolis, IN 46204-1944(317) 237-2727Publication@feiwellhannoy.com

NOTICEFEIWELL & HANNOY, P.C. IS A DEBT COLLECTOR.

C-9-20-RSR-3t

How is your company supposed to know?

How is your How is your How is your How is your How is your How is your How is your How is your How is your How is your How is your company company company company company company company company company supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed supposed to know?to know?to know?to know?to know?to know?to know?to know?to know?The township was taking

bids on products like yours?

A public auction sold the same equipment you just

bought - for $500 less.

Your client filed articles of incorporation - through

another firm.Public Notices

Worth noticing

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