Indiana § 36-7-9-10 Action to enforce orders

Indiana Statutes

§ 36-7-9-10 — Action to enforce orders

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 9 Unsafe Building Law

(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 orde

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(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.
[Pre-Local Government Recodification Citation:
18-5-5.5-13.]
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.