§ 36-7-9-17 — Civil actions regarding unsafe premises; treble damages under second or subsequent judgment

Indiana § 36-7-9-17

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

Text

(a) The department, acting through its
enforcement authority, a person designated by the enforcement
authority, or a community organization may bring a civil action
regarding unsafe premises in the circuit, superior, or municipal court
of the county. The department is not liable for the costs of such an
action. The court may grant one (1) or more of the kinds of relief
authorized by sections 18 through 22 of this chapter.
(b) A civil action may not be initiated under this section before the
final date of an order or an extension of an order under section 5(c) of
this chapter requiring:
(1) the completion; or
(2) a substantial beginning toward accomplishing the completion;
of the required remedial action.
(c) A community organization may not initiate a civil action under
this section if:
(1) the enforcement authority or a person designated by the
enforcement authority has filed a civil action under this section
regarding the unsafe premises; or
(2) the enforcement authority has issued a final order that the
required remedial action has been satisfactorily completed.
(d) A community organization may not initiate a civil action under
this section if the real property that is the subject of the civil action is
located outside the specific geographic boundaries of the area defined
in the bylaws or articles of incorporation of the community
organization.
(e) At least sixty (60) days before commencing a civil action under
this section, a community organization must issue a notice by certified
mail, return receipt requested, that:
(1) specifies:
(A) the nature of the alleged nuisance;
(B) the date the nuisance was first discovered;
(C) the location on the property where the nuisance is allegedly
occurring;
(D) the intent of the community organization to bring a civil
action under this section; and
(E) the relief sought in the action; and
(2) is provided to:
(A) the owner of record of the premises;
(B) tenants located on the premises;
(C) the enforcement authority; and
(D) any person that possesses an interest of record.
(f) In any action filed by a community organization under this
section, a court may award reasonable attorney's fees, court costs, and
other reasonable expenses of litigation to the prevailing party.
(g) If a second or subsequent civil judgment is entered under this
section:
(1) against an owner of a known or recorded fee interest, life
estate, or equitable interest as a contract purchaser of property;
and
(2) during any two (2) year period;
a court may order the owner to pay treble damages based on the costs
of the ordered action. The second or subsequent civil judgment may
relate to the same property or a different property held by the owner.
[Pre-Local Government Recodification Citation:
18-5-5.5-18.]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.31-1994, SEC.15; P.L.177-2003, SEC.7; P.L.88-2009,
SEC.10.