§ 36-7-9-13 — Notice of unpaid costs; filing with clerk of court; hearing; judgment lien

Indiana § 36-7-9-13

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

Text

(a) If all or any part of the costs listed in
section 12 of this chapter remain unpaid for any unsafe premises (other
than unsafe premises owned by a governmental entity) for more than
fifteen (15) days after the completion of the work, the enforcement
authority does not act under section 13.5 of this chapter, and the
enforcement authority determines that there is a reasonable probability
of obtaining recovery, the enforcement authority shall prepare a record
stating:
(1) the name and last known address of each person who held a
known or recorded fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises from the
time the order requiring the work to be performed was recorded
to the time that the work was completed;
(2) the legal description or address of the unsafe premises that
were the subject of work;
(3) the nature of the work that was accomplished;
(4) the amount of the unpaid bid price of the work that was
accomplished; and
(5) the amount of the unpaid average processing expense.
(b) The enforcement authority, or its head, shall swear to the
accuracy of the record before the clerk of the circuit court and deposit
the record in the clerk's office. Notice that the record has been filed and
that a hearing on the amounts indicated in the record may be held must
be sent in the manner prescribed by section 25 of this chapter to all of
the following:
(1) The persons named in the record.
(2) Any mortgagee that has a known or recorded substantial
property interest.
(c) If, within thirty (30) days after the notice required by subsection
(b), a person named in the record or a mortgagee files with the clerk of
the circuit court a written petition objecting to the claim for payment
and requesting a hearing, the clerk shall enter the cause on the docket
of the circuit or superior court as a civil action, and a hearing shall be
held on the question in the manner prescribed by IC 4-21.5. However,
issues that could have been determined under section 8 of this chapter
may not be entertained at the hearing. At the conclusion of the hearing,
the court shall either sustain the petition or enter a judgment against the
persons named in the record for the amounts recorded or for modified
amounts.
(d) If no petition is filed under subsection (c), the clerk of the circuit
court shall enter the cause on the docket of the court and the court shall
enter a judgment for the amounts stated in the record.
(e) A judgment under subsection (c) or (d), to the extent that it is not
satisfied under IC 27-2-15, is a debt and a lien on all the real and
personal property of the person named, or a joint and several debt and
lien on the real and personal property of the persons named in the
record prepared under subsection (a). The lien on real property is
perfected against all creditors and purchasers when the judgment is
entered on the judgment docket of the court. The lien on personal
property is perfected by filing a lis pendens notice in the appropriate
filing office, as prescribed by the Indiana Rules of Trial Procedure.
(f) Judgments rendered under this section may be enforced in the
same manner as all other judgments are enforced.
[Pre-Local Government Recodification Citation:
18-5-5.5-16 part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.59-1986, SEC.12; P.L.7-1987, SEC.167; P.L.247-1989, SEC.3;
P.L.31-1994, SEC.12; P.L.169-2006, SEC.64; P.L.159-2020,
SEC.81.