§ 16-20-1-25 — Unlawful conditions; abatement order; enforcement

Indiana § 16-20-1-25

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 20: LOCAL HEALTH DEPARTMENTS
• Ch. 1: Powers and Duties of Local Health Departments

Text

(a) A person shall not institute, permit, or
maintain any conditions that may transmit, generate, or promote
disease.
(b) A health officer, upon receiving a complaint asserting the
existence of unlawful conditions described in subsection (a) within the
officer's jurisdiction, shall document the complaint as provided in
subsection (d). Upon verifying the information contained in the
complaint, the health officer shall order the abatement of those
conditions. The order must:
(1) be in writing;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
(c) If a person refuses or neglects to obey an order issued under this
section, the attorney representing the county of the health jurisdiction
where the offense occurs shall, upon receiving the information from the
health officer, institute proceedings in the courts for enforcement. An
order may be enforced by injunction. If the action concerning public
health is a criminal offense, a law enforcement authority with
jurisdiction over the place where the offense occurred shall be notified.
(d) A complaint made under subsection (b) must include adequate
details to allow the health officer to verify the existence of the unlawful
conditions that are the subject of the complaint. A health officer shall
provide a copy of a complaint upon request to the person who is the
subject of the complaint.
[Pre-1993 Recodification Citation: 16-1-4-11.]

Legislative History

As added by P.L.2-1993, SEC.3. Amended by P.L.97-2012, SEC.16; P.L.292-2013, SEC.10; P.L.174-2021, SEC.15.