CHAPTER 36. ABATEMENT OF VACANT STRUCTURES AND ABANDONED STRUCTURES
IC 36-7-36
Chapter 36. Abatement of Vacant Structures and Abandoned
Structures
IC 36-7-36-1
"Abandoned structure"
Sec. 1. As used in this chapter, "abandoned structure" means any
of the following:
(1) Commercial real property or a vacant structure on
commercial real property that is used or was previously used for
industrial or commercial purposes, and:
(A) that the owner of the property or structure has declared
in writing to be abandoned; or
(B) for which the owner of the property or structure has been
given a written order by an enforcement authority to
rehabilitate or demolish, and the owner:
(i) has not applied for a permit to rehabilitate or demolish
the property or structure; or
(ii) applied for and was granted a permit, but rehabilitation
or demolition work has not commenced on the property or
structure within thirty (30) days after the date the permit
was granted.
(2) Real property that has not been used for a legal purpose for
at least six (6) consecutive months and:
(A) in the judgment of an enforcement authority, is in need
of completion, rehabilitation, or repair, and completion,
rehabilitation, or repair work has not taken place on the
property for at least six (6) consecutive months;
(B) on which at least one (1) installment of property taxes is
delinquent; or
(C) that has been declared a public nuisance by a hearing
authority.
(3) Real property that has been declared in writing to be
abandoned by the owner, including an estate or a trust that
possesses the property.
(4) Vacant real property on which a municipal lien has
remained unpaid for at least one (1) year.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-2
"Enforcement authority"
Sec. 2. As used in this chapter, "enforcement authority" has the
meaning set forth in IC 36-7-9-2.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-3
"Hearing authority"
Sec. 3. As used in this chapter, "hearing authority" has the
meaning set forth in IC 36-7-9-2.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-4
"Owner"
Sec. 4. As used in this chapter, "owner" means a person that holds
a substantial interest in property in the form of a known or recorded
fee interest, life estate, or equitable interest as a contract purchaser.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-5
"Vacant real property"
Sec. 5. As used in this chapter, "vacant real property" means real
property that is not being occupied by an owner, tenant, or others
authorized by the owner.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-6
"Vacant structure"
Sec. 6. As used in this chapter, "vacant structure" means a
structure or building that is not being occupied by an owner, tenant,
or others authorized by the owner.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-7
Adoption of this chapter; rules and procedures
Sec. 7. The legislative body of a municipality or county:
(1) may adopt this chapter by ordinance; and
(2) if the legislative body adopts this chapter by ordinance, shall
adopt rules and procedures for its enforcement.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-8
Administration and enforcement of this chapter by enforcement
authority; court costs and attorney's fees
Sec. 8. (a) An enforcement authority may administer and enforce
this chapter in conjunction with any enforcement or civil action
under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-1-6, or IC 36-7-9.
(b) Under all enforcement and civil actions designated under
subsection (a), the enforcement authority is entitled to recover court
costs and attorney's fees.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-9
Notice and order by enforcement authority to owner of vacant or
abandoned structure; ordered action
Sec. 9. If an enforcement authority determines that a vacant
structure or an abandoned structure exists, an abatement notice and
order may be sent to the owner that directs the owner to:
(1) abate the vacant structure or abandoned structure by
cleaning and securing or boarding up the vacant structure or
abandoned structure and the premises upon which it is located;
and
(2) erect fences, barriers, berms, or other suitable means to
discourage:
(A) access to the vacant structure or abandoned structure;
and
(B) illegal dumping or littering on the premises upon which
the vacant structure or abandoned structure exists.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-10
Civil penalties on owners of structures left vacant or abandoned for
specified periods; exceptions; limit on penalty amount
Sec. 10. (a) An owner of a property that remains a vacant structure
or an abandoned structure for at least ninety (90) consecutive
calendar days may be liable for a civil penalty in the amount of five
hundred dollars ($500) per vacant structure or abandoned structure,
not to exceed five thousand dollars ($5,000) per structure per year,
unless:
(1) documentation has been filed and approved by the
enforcement authority that indicates the owner's intent to
eliminate the vacant structure or abandoned structure status of
the property;
(2) the owner is current on all property taxes and special
assessments; and
(3) at least one (1) of the following applies:
(A) The structure is the subject of a valid building permit for
repair or rehabilitation and the owner is proceeding
diligently and in good faith to complete the repair or
rehabilitation of the structure as defined in the enforcement
order.
(B) The structure is:
(i) maintained in compliance with this chapter; and
(ii) actively being offered for sale, lease, or rent.
(C) The owner can demonstrate that the owner made a
diligent and good faith effort to implement actions approved
by the enforcement authority.
(b) If the structure continues to remain a vacant structure beyond
the initial ninety (90) days described in subsection (a) and the owner
does not meet any of the exceptions set forth in this section, the
enforcement authority may continue to assess penalties each year on
each structure in the following amounts:
(1) One thousand dollars ($1,000) for the second ninety (90)
calendar day period each structure remains a vacant structure or
an abandoned structure.
(2) One thousand five hundred dollars ($1,500) for the third
ninety (90) calendar day period each structure remains a vacant
structure or an abandoned structure.
(3) Two thousand dollars ($2,000) for the fourth and each
subsequent ninety (90) calendar day period thereafter each
structure remains a vacant structure or an abandoned structure.
A civil penalty under this subsection may not exceed five thousand
dollars ($5,000) per structure per year.
As added by P.L.88-2009, SEC.15.