§ 36-7-9-11 — Liability for costs for performance of work required by orders

Indiana § 36-7-9-11

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

Text

(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 twenty-five
thousand dollars ($25,000), 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 twenty-five thousand dollars
($25,000) 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.
[Pre-Local Government Recodification Citation:
18-5-5.5-15 part.]
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;
P.L.155-2024, SEC.4.