Indiana § 36-7-9-12 Liability for cost of emergency action taken or performance of work
required by orders

Indiana Statutes

§ 36-7-9-12 — Liability for cost of emergency action taken or performance of work required by orders

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

(a)When action required by an order is performed by the enforcement authority or by a contractor acting under section 9 or 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, or, if emergency action was taken under section 9 of this chapter, during the time of such emergency action, is jointly and severally responsible for the following costs:

(1)The:

(A)actual cost of the emergency action taken, as affirmed by the hearing authority; or

(B)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 ch

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(a) When action required by an order is
performed by the enforcement authority or by a contractor acting under
section 9 or 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, or, if
emergency action was taken under section 9 of this chapter, during the
time of such emergency action, is jointly and severally responsible for
the following costs:
(1) The:
(A) actual cost of the emergency action taken, as affirmed by
the hearing authority; or
(B) 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 9 or 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).
[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.68-2010, SEC.4; P.L.247-2015,
SEC.46.

Indiana § 36-7-9-12 (Liability for cost of emergency action taken or performance of work required by orders) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.