Indiana § 36-7-36-10 Civil penalties on owners of structures left vacant or abandoned for
specified periods; exceptions; limit on penalty amount

Indiana Statutes

§ 36-7-36-10 — Civil penalties on owners of structures left vacant or abandoned for specified periods; exceptions; limit on penalty amount

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 36 Abatement of Vacant Structures and Abandoned

(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 c

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(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.

Indiana § 36-7-36-10 (Civil penalties on owners of structures left vacant or abandoned for specified periods; exceptions; limit on penalty amount) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.