CHAPTER 9. UNSAFE BUILDING LAW
IC 36-7-9
Chapter 9. Unsafe Building Law
IC 36-7-9-1
Application of chapter
Sec. 1. This chapter applies to each consolidated city and its
county. This chapter also applies to any other municipality or county
that adopts an ordinance under section 3 of this chapter.
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1982,
P.L.33, SEC.33.
IC 36-7-9-2
Definitions
Sec. 2. As used in this chapter:
"Community organization" means a citizen's group, neighborhood
association, neighborhood development corporation, or similar
organization that:
(1) has specific geographic boundaries defined in its bylaws or
articles of incorporation and contains at least forty (40)
households within those boundaries;
(2) is a nonprofit corporation that is representative of at least
twenty-five (25) households or twenty percent (20%) of the
households in the community, whichever is less;
(3) is operated primarily for the promotion of social welfare and
general neighborhood improvement and enhancement;
(4) has been incorporated for at least two (2) years; and
(5) is exempt from taxation under Section 501(c)(3) or
501(c)(4) of the Internal Revenue Code.
"Continuous enforcement order" means an order that:
(1) is issued for compliance or abatement and that remains in
full force and effect on a property without further requirements
to seek additional:
(A) compliance and abatement authority; or
(B) orders for the same or similar violations;
(2) authorizes specific ongoing compliance and enforcement
activities if a property requires reinspection or additional
periodic abatement;
(3) can be enforced, including assessment of fees and costs,
without the need for additional notice or hearing; and
(4) authorizes the enforcement authority to assess and collect
ongoing costs for continuous enforcement order activities from
any party that is subject to the enforcement authority's order.
"Department" refers to the executive department authorized by
ordinance to administer this chapter. In a consolidated city, this
department is the department of metropolitan development, subject
to IC 36-3-4-23.
"Enforcement authority" refers to the chief administrative officer
of the department, except in a consolidated city. In a consolidated
city, the division of development services is the enforcement
authority, subject to IC 36-3-4-23.
"Hearing authority" refers to a person or persons designated as
such by the executive of a city or county, or by the legislative body
of a town. However, in a consolidated city, the director of the
department or a person designated by the director is the hearing
authority. An employee of the enforcement authority may not be
designated as the hearing authority.
"Known or recorded fee interest, life estate interest, or equitable
interest of a contract purchaser" means any fee interest, life estate
interest, or equitable interest of a contract purchaser held by a person
whose identity and address may be determined from:
(1) an instrument recorded in the recorder's office of the county
where the unsafe premises is located;
(2) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the
enforcement authority); or
(3) a review of department (or, in the case of a consolidated
city, the enforcement authority) records that is sufficient to
identify information that is reasonably ascertainable.
"Known or recorded substantial property interest" means any right
in real property, including a fee interest, a life estate interest, a future
interest, a mortgage interest, a lien as evidenced by a certificate of
sale issued under IC 6-1.1-24, or an equitable interest of a contract
purchaser, that:
(1) may be affected in a substantial way by actions authorized
by this chapter; and
(2) is held by a person whose identity and address may be
determined from:
(A) an instrument recorded in:
(i) the recorder's office of the county where the unsafe
premises is located; or
(ii) the office of the county auditor of the county where the
unsafe premises are located in the case of a lien evidenced
by a certificate of sale issued under IC 6-1.1-24;
(B) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the
enforcement authority); or
(C) a review of department (or, in the case of a consolidated
city, the enforcement authority) records that is sufficient to
identify information that is reasonably ascertainable.
"Substantial property interest" means any right in real property
that may be affected in a substantial way by actions authorized by
this chapter, including a fee interest, a life estate interest, a future
interest, a mortgage interest, or an equitable interest of a contract
purchaser.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.4; P.L.177-2003, SEC.3; P.L.169-2006, SEC.59; P.L.88-2009,
SEC.7; P.L.73-2010, SEC.10.
IC 36-7-9-3
Ordinances adopting this chapter
Sec. 3. The legislative body of a municipality or county may adopt
this chapter by ordinance. The ordinance must specify the executive
department of the unit responsible for the administration of this
chapter or establish such a department. However, in a municipality
in which a commissioner of buildings was appointed to administer
IC 18-5-5 (before its repeal on September 1, 1981), the commissioner
of buildings is responsible for the administration of this chapter. The
ordinance must also incorporate by reference the definition of
"substantial property interest" in this chapter.
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1982,
P.L.33, SEC.34; P.L.3-1990, SEC.126.
IC 36-7-9-4
Unsafe buildings and unsafe premises described
Sec. 4. (a) For purposes of this chapter, a building or structure, or
any part of a building or structure, that is:
(1) in an impaired structural condition that makes it unsafe to a
person or property;
(2) a fire hazard;
(3) a hazard to the public health;
(4) a public nuisance;
(5) dangerous to a person or property because of a violation of
a statute or ordinance concerning building condition or
maintenance; or
(6) vacant and not maintained in a manner that would allow
human habitation, occupancy, or use under the requirements of
a statute or an ordinance;
is considered an unsafe building.
(b) For purposes of this chapter:
(1) an unsafe building; and
(2) the tract of real property on which the unsafe building is
located;
are considered unsafe premises.
(c) For purposes of this chapter, a tract of real property that does
not contain a building or structure, not including land used for
production agriculture, is considered an unsafe premises if the tract
of real property is:
(1) a fire hazard;
(2) a hazard to public health;
(3) a public nuisance; or
(4) dangerous to a person or property because of a violation of
a statute or an ordinance.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.14-1991,
SEC.9; P.L.66-2005, SEC.1.
IC 36-7-9-4.5
Legislative findings; vacant or deteriorated structures
Sec. 4.5. (a) In Indiana, especially in urban areas, there exist a
large number of unoccupied structures that are not maintained and
that constitute a hazard to public health, safety, and welfare.
(b) Vacant structures often become dilapidated because the
structures are not maintained and repaired by the owners or persons
in control of the structures.
(c) Vacant structures attract children, become harborage for
vermin, serve as temporary abodes for vagrants and criminals, and
are likely to be damaged by vandals or set ablaze by arsonists.
(d) Unkept grounds surrounding vacant structures invite dumping
of garbage, trash, and other debris.
(e) Many vacant structures are situated on narrow city lots and in
close proximity to neighboring structures, thereby increasing the risk
of conflagration and spread of insect and rodent infestation.
(f) Vacant, deteriorated structures contribute to blight, cause a
decrease in property values, and discourage neighbors from making
improvements to properties.
(g) Structures that remain boarded up for an extended period of
time also exert a blighting influence and contribute to the decline of
the neighborhood by decreasing property values, discouraging
persons from moving into the neighborhood, and encouraging
persons to move out of the neighborhood.
(h) Vacant structures often continue to deteriorate to the point that
demolition of the structure is required, thereby decreasing available
housing in a community and further contributing to the decline of the
neighborhood.
(i) The blighting influence of vacant, deteriorated structures
adversely affects the tax revenues of local government.
(j) The general assembly finds that vacant, deteriorated structures
create a serious and substantial problem in urban areas and are public
nuisances.
(k) In recognition of the problems created in a community by
vacant structures, the general assembly finds that vigorous and
disciplined action should be taken to ensure the proper maintenance
and repair of vacant structures and encourages local governmental
bodies to adopt maintenance and repair standards appropriate for the
community in accordance with this chapter and other statutes.
As added by P.L.14-1991, SEC.10. Amended by P.L.1-1992,
SEC.186.
IC 36-7-9-5
Orders; contents; notice; expiration
Sec. 5. (a) The enforcement authority may issue an order requiring
action relative to any unsafe premises, including:
(1) vacating of an unsafe building;
(2) sealing an unsafe building against intrusion by unauthorized
persons, in accordance with a uniform standard established by
ordinance;
(3) extermination of vermin in and about the unsafe premises;
(4) removal of trash, debris, fire hazardous material, or a public
health hazard in and about the unsafe premises;
(5) repair or rehabilitation of an unsafe building to bring it into
compliance with standards for building condition or
maintenance required for human habitation, occupancy, or use
by a statute, a rule adopted under IC 4-22-2, or an ordinance;
(6) demolition and removal of part of an unsafe building;
(7) demolition and removal of an unsafe building if:
(A) the general condition of the building warrants removal;
or
(B) the building continues to require reinspection and
additional abatement action after an initial abatement action
was taken pursuant to notice and an order; and
(8) requiring, for an unsafe building that will be sealed for a
period of more than ninety (90) days:
(A) sealing against intrusion by unauthorized persons and
the effects of weather;
(B) exterior improvements to make the building compatible
in appearance with other buildings in the area; and
(C) continuing maintenance and upkeep of the building and
premises;
in accordance with standards established by ordinance.
Notice of the order must be given under section 25 of this chapter.
The ordered action must be reasonably related to the condition of the
unsafe premises and the nature and use of nearby properties. The
order supersedes any permit relating to building or land use, whether
that permit is obtained before or after the order is issued.
(b) The order must contain:
(1) the name of the person to whom the order is issued;
(2) the legal description or address of the unsafe premises that
are the subject of the order;
(3) the action that the order requires;
(4) the period of time in which the action is required to be
accomplished, measured from the time when the notice of the
order is given;
(5) if a hearing is required, a statement indicating the exact time
and place of the hearing, and stating that person to whom the
order was issued is entitled to appear at the hearing with or
without legal counsel, present evidence, cross-examine
opposing witnesses, and present arguments;
(6) if a hearing is not required, a statement that an order under
subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10)
days after notice is given, unless a hearing is requested in
writing by a person holding a fee interest, life estate interest, or
equitable interest of a contract purchaser in the unsafe premises,
and the request is delivered to the enforcement authority before
the end of the ten (10) day period;
(7) a statement briefly indicating what action can be taken by
the enforcement authority if the order is not complied with;
(8) a statement indicating the obligation created by section 27
of this chapter relating to notification of subsequent interest
holders and the enforcement authority; and
(9) the name, address, and telephone number of the enforcement
authority.
(c) The order must allow a sufficient time, of at least ten (10)
days, but not more than sixty (60) days, from the time when notice
of the order is given, to accomplish the required action. If the order
allows more than thirty (30) days to accomplish the action, the order
may require that a substantial beginning be made in accomplishing
the action within thirty (30) days.
(d) The order expires two (2) years from the day the notice of the
order is given, unless one (1) or more of the following events occurs
within that two (2) year period:
(1) A complaint requesting judicial review is filed under section
8 of this chapter.
(2) A contract for action required by the order is let at public
bid under section 11 of this chapter.
(3) A civil action is filed under section 17 of this chapter.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.5; P.L.14-1991, SEC.11; P.L.177-2003, SEC.4; P.L.88-2006,
SEC.8; P.L.88-2009, SEC.8; P.L.1-2010, SEC.149.
IC 36-7-9-6
Modification or rescission of orders
Sec. 6. (a) The enforcement authority may issue an order that
modifies the order previously issued.
(b) The enforcement authority may rescind an order previously
issued, even if the order has been affirmed by the hearing authority.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.6.
IC 36-7-9-7
Hearings; hearing authority findings and action; additional period
for ordered actions; continuous enforcement order; performance
bond; record of findings; collection of penalties
Sec. 7. (a) A hearing must be held relative to each order of the
enforcement authority, except for an order issued under section
5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter. An order issued
under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter
becomes final ten (10) days after notice is given, unless a hearing is
requested before the ten (10) day period ends by a person holding a
fee interest, life estate interest, mortgage interest, or equitable
interest of a contract purchaser in the unsafe premises. The hearing
shall be conducted by the hearing authority.
(b) The hearing shall be held on a business day no earlier than ten
(10) days after notice of the order is given. The hearing authority
may, however, take action at the hearing, or before the hearing if a
written request is received by the enforcement authority not later
than five (5) days after notice is given, to continue the hearing to a
business day not later than fourteen (14) days after the hearing date
shown on the order. Unless the hearing authority takes action to have
the continued hearing held on a definite, specified date, notice of the
continued hearing must be given to the person to whom the order was
issued at least five (5) days before the continued hearing date, in the
manner prescribed by section 25 of this chapter. If the order being
considered at the continued hearing was served by publication, it is
sufficient to give notice of the continued hearing by publication
unless the enforcement authority has received information in writing
that enables it to make service under section 25 of this chapter by a
method other than publication.
(c) The person to whom the order was issued, any person having
a substantial property interest in the unsafe premises that are the
subject of the order, or any other person with an interest in the
proceedings may appear in person or by counsel at the hearing. Each
person appearing at the hearing is entitled to present evidence,
cross-examine opposing witnesses, and present arguments.
(d) At the conclusion of any hearing at which a continuance is not
granted, the hearing authority may make findings and take action to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order
was issued, or counsel for that person, is present at the hearing,
the hearing authority may modify the order in only a manner
that makes its terms less stringent.
(e) In addition to affirming the order, in those cases in which the
hearing authority finds that there has been a willful failure to comply
with the order, the hearing authority may impose a civil penalty in an
amount not to exceed five thousand dollars ($5,000). The effective
date of the civil penalty may be postponed for a reasonable period,
after which the hearing authority may order the civil penalty reduced
or stricken if the hearing authority is satisfied that all work necessary
to fully comply with the order has been done. For purposes of an
appeal under section 8 of this chapter or enforcement of an order
under section 17 of this chapter, action of the hearing authority is
considered final upon the affirmation of the order, even though the
hearing authority may retain jurisdiction for the ultimate
determination related to the civil penalty. In the hearing authority's
exercise of continuing jurisdiction, the hearing authority may, in
addition to reducing or striking the civil penalty, impose one (1) or
more additional civil penalties in an amount not to exceed five
thousand dollars ($5,000) per civil penalty. An additional civil
penalty may be imposed if the hearing authority finds that:
(1) significant work on the premises to comply with the
affirmed order has not been accomplished; and
(2) the premises have a negative effect on property values or the
quality of life of the surrounding area or the premises require
the provision of services by local government in excess of the
services required by ordinary properties.
(f) If, at a hearing, a person to whom an order has been issued
requests an additional period to accomplish action required by the
order, and shows good cause for this request to be granted, the
hearing authority may grant the request. However, as a condition for
allowing the additional period, the hearing authority may require that
the person post a performance bond to be forfeited if the action
required by the order is not completed within the additional period.
(g) If an order is affirmed or modified, the hearing authority shall
issue a continuous enforcement order (as defined in section 2 of this
chapter).
(h) The board or commission having control over the department
shall, at a public hearing, after having given notice of the time and
place of the hearing by publication in accordance with IC 5-3-1,
adopt a schedule setting forth the maximum amount of performance
bonds applicable to various types of ordered action. The hearing
authority shall use this schedule to fix the amount of the performance
bond required under subsection (f).
(i) The record of the findings made and action taken by the
hearing authority at the hearing shall be available to the public upon
request. However, neither the enforcement authority nor the hearing
authority is required to give any person notice of the findings and
action.
(j) If a civil penalty under subsection (e) is unpaid for more than
fifteen (15) days after payment of the civil penalty is due, the civil
penalty may be collected from any person against whom the hearing
officer assessed the civil penalty or fine. A civil penalty or fine may
be collected under this subsection in the same manner as costs under
section 13 or 13.5 of this chapter. The amount of the civil penalty or
fine that is collected shall be deposited in the unsafe building fund.
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1981,
P.L.45, SEC.26; P.L.59-1986, SEC.7; P.L.14-1991, SEC.12;
P.L.177-2003, SEC.5; P.L.169-2006, SEC.60; P.L.88-2009, SEC.9.
IC 36-7-9-8
Appeals
Sec. 8. (a) An action taken under section 7(d) or 7(e) of this
chapter is subject to review by the circuit or superior court of the
county in which the unsafe premises are located, on request of:
(1) any person who has a substantial property interest in the
unsafe premises; or
(2) any person to whom that order was issued.
(b) A person requesting judicial review under this section must
file a verified complaint including the findings of fact and the action
taken by the hearing authority. The complaint must be filed within
ten (10) days after the date when the action was taken.
(c) An appeal under this section is an action de novo. The court
may affirm, modify, or reverse the action taken by the hearing
authority.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006,
SEC.61.
IC 36-7-9-9
Emergency action; recovery of costs; challenge of determination of
emergency
Sec. 9. (a) If the enforcement authority finds it necessary to take
emergency action concerning an unsafe premises in order to protect
life, safety, or property, it may take that action without issuing an
order or giving notice. However, this emergency action must be
limited to removing any immediate danger.
(b) The department, acting through the enforcement authority,
may recover the costs incurred by the enforcement authority in taking
emergency action, by filing a civil action in the circuit court or
superior court of the county against the persons who held a fee
interest, life estate interest, or equitable interest of a contract
purchaser in the unsafe premises at the time the enforcement
authority found it necessary to take emergency action. The
department is not liable for the costs of this civil action.
(c) If an unsafe premises poses an immediate danger to the life or
safety of persons occupying or using nearby property, the
enforcement authority may, without following this chapter's
requirements for issuing an order and giving notice, take emergency
action to require persons to vacate and not use the nearby property
until the danger has passed. However, any person required to vacate
an unsafe premises under this subsection may challenge in an
emergency court proceeding the enforcement authority's
determination that the premises poses an immediate danger to the life
or safety of any person. In an emergency court proceeding, the
enforcement authority has the burden of proving that emergency
action is necessary to protect from immediate danger the life or
safety of persons occupying or using nearby property.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.8.
IC 36-7-9-10
Action to enforce orders
Sec. 10. (a) The enforcement authority may cause the action
required by an order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or
5(a)(5) of this chapter to be performed by a contractor if:
(1) the order has been served, in the manner prescribed by
section 25 of this chapter, on each person having a known or
recorded fee interest, life estate interest, or equitable interest of
a contract purchaser in the unsafe premises that are the subject
of the order;
(2) the order has not been complied with;
(3) a hearing was not requested under section 5(b)(6) of this
chapter, or, if a hearing was requested, the order was affirmed
at the hearing; and
(4) the order is not being reviewed under section 8 of this
chapter.
(b) The enforcement authority may cause the action required by
an order, other than an order under section 5(a)(2), 5(a)(3), 5(a)(4),
or 5(a)(5) of this chapter, to be performed if:
(1) service of an order under section 5(a)(1) of this chapter, in
the manner prescribed by section 25 of this chapter, has been
made on each person having a known or recorded substantial
property interest or present possessory interest in the unsafe
premises that are the subject of the order;
(2) service of an order under section 5(a)(6), 5(a)(7), or 5(a)(8)
of this chapter, in the manner prescribed by section 25 of this
chapter, has been made on each person having a known or
recorded substantial property interest in the unsafe premises
that are the subject of the order;
(3) the order has been affirmed or modified at the hearing in
such a manner that all persons having a known or recorded
substantial property interest, and persons holding a present
possessory interest, as required, in the unsafe premises that are
the subject of the order are currently subject to an order
requiring the accomplishment of substantially identical action;
(4) the order, as affirmed or modified at the hearing, has not
been complied with; and
(5) the order is not being reviewed under section 8 of this
chapter.
(c) If action is being taken under this section on the basis of an
order that was served by publication, it is sufficient to serve the
statement by publication and indicate that the enforcement authority
intends to perform the work, unless the authority has received
information in writing that enables it to make service under section
25 of this chapter by a method other than publication.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.9; P.L.177-2003, SEC.6; P.L.169-2006, SEC.62.
IC 36-7-9-11
Liability for costs for performance of work required by orders
Sec. 11. (a) The work required by an order of the enforcement
authority may be performed in the following manner:
(1) If the work is being performed under an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter,
and if the cost of this work is estimated to be less than ten
thousand dollars ($10,000), the department, acting through the
unit's enforcement authority or other agent, may perform the
work by means of the unit's own workers and equipment owned
or leased by the unit. Notice that this work is to be performed
must be given to all persons with a known or recorded
substantial property interest, in the manner prescribed in
subsection (c), at least ten (10) days before the date of
performance of the work by the enforcement authority. This
notice must include a statement that an amount representing a
reasonable estimate of the cost incurred by the enforcement
authority in processing the matter and performing the work
may, if not paid, be recorded after a hearing as a lien against all
persons having a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises.
(2) If the work is being performed under an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter,
and if the estimated cost of this work is ten thousand dollars
($10,000) or more, this work must be let at public bid to a
contractor licensed and qualified under law. The obligation to
pay costs imposed by section 12 of this chapter is based on the
condition of the unsafe premises at the time the public bid was
accepted. Changes occurring in the condition of the unsafe
premises after the public bid was accepted do not eliminate or
diminish this obligation.
(3) If the work is being performed under an order issued under
section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
be performed by a contractor who has been awarded a base bid
contract to perform the work for the enforcement authority, or
by the department, acting through the unit's enforcement
authority or other governmental agency and using the unit's own
workers and equipment owned or leased by the unit. Work
performed under an order issued under section 5(a)(2), 5(a)(3),
or 5(a)(4) of this chapter may be performed without further
notice to the persons holding a fee interest, life estate interest,
or equitable interest of a contract purchaser, and these persons
are liable for the costs incurred by the enforcement authority in
processing the matter and performing the work, as provided by
section 12 of this chapter.
(b) Bids may be solicited and accepted for work on more than one
(1) property if the bid reflects an allocation of the bid amount among
the various unsafe premises in proportion to the work to be
accomplished. The part of the bid amount attributable to each of the
unsafe premises constitutes the basis for calculating the part of the
costs described by section 12(a)(1) of this chapter.
(c) All persons who have a known or recorded substantial
property interest in the unsafe premises and are subject to an order
other than an order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
chapter must be notified about the public bid in the manner
prescribed by section 25 of this chapter, by means of a written
statement including:
(1) the name of the person to whom the order was issued;
(2) a legal description or address of the unsafe premises that are
the subject of the order;
(3) a statement that a contract is to be let at public bid to a
licensed contractor to accomplish work to comply with the
order;
(4) a description of work to be accomplished;
(5) a statement that both the bid price of the licensed contractor
who accomplishes the work and an amount representing a
reasonable estimate of the cost incurred by the enforcement
authority in processing the matter of the unsafe premises may,
if not paid, be recorded after a hearing as a lien against all
persons having a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises;
(6) the time of the bid opening;
(7) the place of the bid opening; and
(8) the name, address, and telephone number of the enforcement
authority.
(d) If the notice of the statement that public bids are to be let is
served by publication, the publication must include the information
required by subsection (c), except that it need only include a general
description of the work to be accomplished. The publication must
also state that a copy of the statement of public bid may be obtained
from the enforcement authority.
(e) Notice of the statement that public bids are to be let must be
given, at least ten (10) days before the date of the public bid, to all
persons who have a known or recorded substantial property interest
in the property and are subject to an order other than an order under
section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
(f) If action is being taken under this section on the basis of an
order that was served by publication, it is sufficient to serve the
statement that public bids are to be let by publication, unless the
enforcement authority has received information in writing that
enables the unit to make service under section 25 of this chapter by
a method other than publication.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.11; P.L.255-1996, SEC.26; P.L.169-2006, SEC.63.
IC 36-7-9-12
Liability for costs for performance of work required by orders
Sec. 12. (a) When action required by an order is performed by the
enforcement authority or by a contractor acting under section 11 of
this chapter, each person who held a fee interest, life estate interest,
or equitable interest of a contract purchaser in the unsafe premises
from the time when the order requiring the work performed was
issued to the time that the work was completed is jointly and
severally responsible for the following costs:
(1) The actual cost of the work performed by the enforcement
authority or the bid price of work accomplished by the
contractor under section 11 of this chapter.
(2) An amount that represents a reasonable forecast of the
average processing expense that will be incurred by the
enforcement authority in taking the technical, administrative,
and legal actions concerning typical unsafe premises that are
necessary under this chapter so that the action required by an
order may be performed by a contractor under section 11 of this
chapter. In calculating the amount of the average processing
expense, the following costs may be considered:
(A) The cost of obtaining reliable information about the
identity and location of persons who own a substantial
property interest in the unsafe premises.
(B) The cost of notice of orders, notice of statements of
rescission, notice of continued hearing, notice of statements
that public bids are to be let or that the enforcement
authority intends to accomplish the work, and notice that a
hearing may be held on the amounts indicated in the record,
in accordance with section 25 of this chapter.
(C) Salaries for employees.
(D) The cost of supplies, equipment, and office space.
(b) The board or commission having control over the department
shall determine the amount of the average processing expense at the
public hearing, after notice has been given in the same manner as is
required for other official action of the board or commission. In
determining the average processing expense, the board or
commission may fix the amount at a full dollar amount that is an
even multiple of ten (10).
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.11; P.L.68-2010, SEC.4.
IC 36-7-9-13
Notice of unpaid costs; filing with clerk of court; hearing;
judgment lien
Sec. 13. (a) If all or any part of the costs listed in section 12 of
this chapter remain unpaid for any unsafe premises (other than
unsafe premises owned by a governmental entity) for more than
fifteen (15) days after the completion of the work, the enforcement
authority does not act under section 13.5 of this chapter, and the
enforcement authority determines that there is a reasonable
probability of obtaining recovery, the enforcement authority shall
prepare a record stating:
(1) the name and last known address of each person who held
a known or recorded fee interest, life estate interest, or
equitable interest of a contract purchaser in the unsafe premises
from the time the order requiring the work to be performed was
recorded to the time that the work was completed;
(2) the legal description or address of the unsafe premises that
were the subject of work;
(3) the nature of the work that was accomplished;
(4) the amount of the unpaid bid price of the work that was
accomplished; and
(5) the amount of the unpaid average processing expense.
The record must be in a form approved by the state board of
accounts.
(b) The enforcement authority, or its head, shall swear to the
accuracy of the record before the clerk of the circuit court and
deposit the record in the clerk's office. Notice that the record has
been filed and that a hearing on the amounts indicated in the record
may be held must be sent in the manner prescribed by section 25 of
this chapter to all of the following:
(1) The persons named in the record.
(2) Any mortgagee that has a known or recorded substantial
property interest.
(c) If, within thirty (30) days after the notice required by
subsection (b), a person named in the record or a mortgagee files
with the clerk of the circuit court a written petition objecting to the
claim for payment and requesting a hearing, the clerk shall enter the
cause on the docket of the circuit or superior court as a civil action,
and a hearing shall be held on the question in the manner prescribed
by IC 4-21.5. However, issues that could have been determined under
section 8 of this chapter may not be entertained at the hearing. At the
conclusion of the hearing, the court shall either sustain the petition
or enter a judgment against the persons named in the record for the
amounts recorded or for modified amounts.
(d) If no petition is filed under subsection (c), the clerk of the
circuit court shall enter the cause on the docket of the court and the
court shall enter a judgment for the amounts stated in the record.
(e) A judgment under subsection (c) or (d), to the extent that it is
not satisfied under IC 27-2-15, is a debt and a lien on all the real and
personal property of the person named, or a joint and several debt
and lien on the real and personal property of the persons named in
the record prepared under subsection (a). The lien on real property
is perfected against all creditors and purchasers when the judgment
is entered on the judgment docket of the court. The lien on personal
property is perfected by filing a lis pendens notice in the appropriate
filing office, as prescribed by the Indiana Rules of Trial Procedure.
(f) Judgments rendered under this section may be enforced in the
same manner as all other judgments are enforced.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986,
SEC.12; P.L.7-1987, SEC.167; P.L.247-1989, SEC.3; P.L.31-1994,
SEC.12; P.L.169-2006, SEC.64.
IC 36-7-9-13.5
Unpaid costs for unsafe premises repairs; notice; certification as
special assessment; collection as delinquent taxes; disposition of
collections
Sec. 13.5. (a) This section does not apply to the collection of an
amount if a court determines under section 13 of this chapter that the
enforcement authority is not entitled to the amount.
(b) If all or any part of the costs listed in section 12 of this chapter
remain unpaid for any unsafe premises (other than unsafe premises
owned by a governmental entity) for more than fifteen (15) days after
completion of the work, the enforcement authority may send notice
under section 25 of this chapter to each person who held a known or
recorded fee interest, life estate interest, or equitable interest of a
contract purchaser in the unsafe premises. If the notice is sent, the
enforcement authority shall also send notice to any mortgagee with
a known or recorded substantial property interest. The notice must
require full payment of the amount owed within thirty (30) days.
(c) If full payment of the amount owed is not made less than thirty
(30) days after the notice is delivered, the enforcement officer may
certify the following information to the county auditor:
(1) The name of each person who held a known or recorded fee
interest, life estate interest, or equitable interest of a contract
purchaser in the unsafe premises.
(2) The description of the unsafe premises, as shown by the
records of the county auditor.
(3) The amount of the delinquent payment, including all costs
described in section 12 of this chapter.
(d) The county auditor shall place the total amount certified under
subsection (c) on the tax duplicate for the affected property as a
special assessment. The total amount, including accrued interest,
shall be collected as delinquent taxes are collected.
(e) An amount collected under subsection (d), after all other taxes
have been collected and disbursed, shall be disbursed to the unsafe
building fund.
(f) A judgment entered under section 13, 19, 21, or 22 of this
chapter may be certified to the auditor and collected under this
section. However, a judgment lien need not be obtained under
section 13 of this chapter before a debt is certified under this section.
As added by P.L.31-1994, SEC.13. Amended by P.L.169-2006,
SEC.65.
IC 36-7-9-14
Unsafe building fund; deposits and expenditures
Sec. 14. (a) The enforcement authority shall establish 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.
(b) 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 sections 9 through 13 and 17
through 22 of this chapter.
(2) Money received from bonds posted under section 7 of this
chapter.
(3) Money received in satisfaction of receivers' notes or
certificates that were issued under section 20 of this chapter and
were purchased with money from the unsafe building fund.
(4) Money received for payment or settlement of civil penalties
or fines imposed under section 7 of this chapter.
(5) Money received from the collection of special assessments
under section 13.5 of this chapter.
(c) Money in the unsafe building fund may be used for the
expenses incurred in carrying out the purposes of this chapter,
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
rescission, notice of continued hearing, and notice of statements
that public bids are to be let in the manner prescribed by section
25 of this chapter;
(5) the bid price of work by a contractor under section 10 or
sections 17 through 22 of this chapter;
(6) the cost of emergency action under section 9 of this chapter;
and
(7) the cost of notes or receivers' certificates issued under
section 20 of this chapter.
(d) Payment of money from the unsafe building fund must be
made in accordance with applicable law.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.14-1991,
SEC.13; P.L.31-1994, SEC.14; P.L.169-2006, SEC.66.
IC 36-7-9-15
Transfer of money to unsafe building fund
Sec. 15. The board or commission having control over the
department may transfer all or part of the money in a building,
demolition, repair, and contingent fund that was established by
IC 18-5-5-7 (before its repeal on September 1, 1981) to the unsafe
building fund.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.3-1990,
SEC.127.
IC 36-7-9-16
Inspection warrants
Sec. 16. (a) If the owners or those in possession of a building
refuse inspection, an inspection officer of the enforcement authority
may obtain an inspection warrant from any court of record in the
county in which the building is located in order to determine if the
building is an unsafe building. The court shall issue the warrant
subject to the following conditions:
(1) The person seeking the warrant must establish that the
building to be searched or inspected is to be searched or
inspected as part of a legally authorized program of inspection
that naturally includes the building, or that there is probable
cause for believing that a condition, object, activity, or
circumstance legally justifies a search or inspection of that
building.
(2) An affidavit establishing one (1) of the grounds described in
subdivision (1) must be signed under oath or affirmation by the
affiant.
(3) The court must examine the affiant under oath or
affirmation to verify the accuracy of the affidavit.
(b) The warrant is valid only if it:
(1) is signed by the judge of the court and bears the date and
hour of its issuance above that signature, with a notation that
the warrant is valid for only forty-eight (48) hours after its
issuance;
(2) describes (either directly or by reference to the affidavit) the
building where the search or inspection is to occur so that the
executor of the warrant and owner or the possessor of the
building can reasonably determine what property the warrant
authorizes an inspection of;
(3) indicates the conditions, objects, activities, or circumstances
that the inspection is intended to check or reveal; and
(4) is attached to the affidavit required to be made in order to
obtain the warrant.
(c) A warrant issued under this section is valid for only forty-eight
(48) hours after its issuance, must be personally served upon the
owner or possessor of the building, and must be returned within
seventy-two (72) hours.
As added by Acts 1981, P.L.309, SEC.28.
IC 36-7-9-17
Civil actions regarding unsafe premises; treble damages under
second or subsequent judgment
Sec. 17. (a) The department, acting through its enforcement
authority, a person designated by the enforcement authority, or a
community organization may bring a civil action regarding unsafe
premises in the circuit, superior, or municipal court of the county.
The department is not liable for the costs of such an action. The court
may grant one (1) or more of the kinds of relief authorized by
sections 18 through 22 of this chapter.
(b) A civil action may not be initiated under this section before
the final date of an order or an extension of an order under section
5(c) of this chapter requiring:
(1) the completion; or
(2) a substantial beginning toward accomplishing the
completion;
of the required remedial action.
(c) A community organization may not initiate a civil action under
this section if:
(1) the enforcement authority or a person designated by the
enforcement authority has filed a civil action under this section
regarding the unsafe premises; or
(2) the enforcement authority has issued a final order that the
required remedial action has been satisfactorily completed.
(d) A community organization may not initiate a civil action under
this section if the real property that is the subject of the civil action
is located outside the specific geographic boundaries of the area
defined in the bylaws or articles of incorporation of the community
organization.
(e) At least sixty (60) days before commencing a civil action
under this section, a community organization must issue a notice by
certified mail, return receipt requested, that:
(1) specifies:
(A) the nature of the alleged nuisance;
(B) the date the nuisance was first discovered;
(C) the location on the property where the nuisance is
allegedly occurring;
(D) the intent of the community organization to bring a civil
action under this section; and
(E) the relief sought in the action; and
(2) is provided to:
(A) the owner of record of the premises;
(B) tenants located on the premises;
(C) the enforcement authority; and
(D) any person that possesses an interest of record.
(f) In any action filed by a community organization under this
section, a court may award reasonable attorney's fees, court costs,
and other reasonable expenses of litigation to the prevailing party.
(g) If a second or subsequent civil judgment is entered under this
section:
(1) against an owner of a known or recorded fee interest, life
estate, or equitable interest as a contract purchaser of property;
and
(2) during any two (2) year period;
a court may order the owner to pay treble damages based on the costs
of the ordered action. The second or subsequent civil judgment may
relate to the same property or a different property held by the owner.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.31-1994,
SEC.15; P.L.177-2003, SEC.7; P.L.88-2009, SEC.10.
IC 36-7-9-18
Injunctions
Sec. 18. A court acting under section 17 of this chapter may grant
a mandatory or prohibitory injunction against any person that will
cause the order to be complied with, if it is shown that:
(1) an order, which need not set a hearing date, was issued to
the person;
(2) the person has a property interest in the unsafe premises that
are the subject of the order that would allow the person to take
the action required by the order;
(3) the building that is the subject of the order is an unsafe
building; and
(4) the order is not being reviewed under section 8 of this
chapter.
As added by Acts 1981, P.L.309, SEC.28.
IC 36-7-9-18.1
Performance bond
Sec. 18.1. (a) A court acting under section 17 of this chapter may
condition the granting of a period of time to accomplish the action
required by an order on the posting of a performance bond that will
be forfeited if the action required by the order is not completed
within the period the court allows. Before granting a period of time
that is conditioned on the posting of a bond, the court may require
that the requesting person justify the request with a workable and
financially supported plan. If the court determines that a significant
amount of work must be accomplished to comply with the order, the
court may require that the bond specify interim completion standards
and provide that the bond is forfeited if any of these interim
completion standards are not substantially met.
(b) An amount collected under subsection (a) on a forfeited bond
shall be deposited in the unsafe building fund.
As added by P.L.169-2006, SEC.67.
IC 36-7-9-19
Civil forfeitures
Sec. 19. (a) A court acting under section 17 of this chapter may
impose a civil penalty not to exceed five thousand dollars ($5,000)
against any person if the conditions of section 18 of this chapter are
met. The penalty imposed may not be substantially less than the cost
of complying with the order, unless that cost exceeds two thousand
five hundred dollars ($2,500). The effective date of the penalty may
be postponed for a period not to exceed thirty (30) days, after which
the court may order the penalty reduced or stricken if it is satisfied
that all work necessary to fully comply with the order has been done.
(b) On request of the enforcement authority the court shall enter
a judgment in the amount of the penalty. If there is more than one (1)
party defendant, the penalty is separately applicable to each
defendant. The amount of a penalty that is collected shall be
deposited in the unsafe building fund.
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006,
SEC.68.
IC 36-7-9-20
Appointment of receiver; conditions; rehabilitation of property by
owner, mortgagee, or person with substantial interest
Sec. 20. (a) A court acting under section 17 of this chapter may
appoint a receiver for the unsafe premises, subject to the following
conditions:
(1) The purpose of the receivership must be to take possession
of the unsafe premises for a period sufficient to accomplish and
pay for repairs and improvements.
(2) The receiver may be a nonprofit corporation the primary
purpose of which is the improvement of housing conditions in
the county where the unsafe premises are located, or may be
any other capable person residing in the county.
(3) Notwithstanding any prior assignments of the rents and
other income of the unsafe premises, the receiver must collect
and use that income to repair or remove the defects as required
by the order, and may, upon approval by the court, make repairs
and improvements in addition to those specified in the order or
required by applicable statutes, ordinances, codes, or
regulations.
(4) The receiver may make any contracts and do all things
necessary to accomplish the repair and improvement of the
unsafe premises.
(5) A receiver that expends money, performs labor, or furnishes
materials or machinery, including the leasing of equipment or
tools, for the repair of an unsafe premises may have a lien that
is equal to the total expended. When a lien exists, the receiver
may sell the property:
(A) to the highest bidder at auction under the same notice
and sale provisions applicable to a foreclosure sale of
mechanic's liens or mortgages; or
(B) for fair market value if all persons having a substantial
property interest in the unsafe premises agree to the amount
and procedure.
The transferee in either a public or private sale must first
demonstrate the necessary ability and experience to rehabilitate
the premises within a reasonable time to the satisfaction of the
receiver.
(6) The court may, after a hearing, authorize the receiver to
obtain money needed to accomplish the repairs and
improvement by the issuance and sale of notes or receiver's
certificates to the receiver or any other person or party bearing
interest fixed by the court. The notes or certificates are a first
lien on the unsafe premises and the rents and income of the
unsafe building. This lien is superior to all other assignments of
rents, liens, mortgages, or other encumbrances on the property,
except taxes, if, within sixty (60) days following the sale or
transfer for value of the notes by the receiver, the holder of the
notes files a notice containing the following information in the
county recorder's office:
(A) The legal description of the tract of real property on
which the unsafe building is located.
(B) The face amount and interest rate of the note or
certificate.
(C) The date when the note or certificate was sold or
transferred by the receiver.
(D) The date of maturity.
(7) Upon payment to the holder of a receiver's note or certificate
of the face amount and interest, and upon filing in the recorder's
office of a sworn statement of payment, the lien of that note or
certificate is released. Upon a default in payment on a receiver's
note or certificate, the lien may be enforced by proceedings to
foreclose in the manner prescribed for mechanic's liens or
mortgages. However, the foreclosure proceedings must be
commenced within two (2) years after the date of default.
(8) The receiver is entitled to the same fees, commission