§ 36-7-9-2 — Definitions

Indiana § 36-7-9-2

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

Text

As used in this chapter:
"Building or structure" means anything constructed or erected:
(1) with a roof supported by columns or walls;
(2) to serve as a shelter or enclosure; or
(3) the use of which requires location on or attachment to the
ground.
The term includes a manufactured home (as defined in IC 22-12-1-16)
and a mobile home (as defined in IC 16-41-27-4).
"Community organization" means a citizen's group, neighborhood
association, neighborhood development corporation, or similar
organization that:
(1) has specific geographic boundaries defined in its bylaws or
articles of incorporation and contains at least forty (40)
households within those boundaries;
(2) is a nonprofit corporation that is representative of at least
twenty-five (25) households or twenty percent (20%) of the
households in the community, whichever is less;
(3) is operated primarily for the promotion of social welfare and
general neighborhood improvement and enhancement;
(4) has been incorporated for at least two (2) years; and
(5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
of the Internal Revenue Code.
"Continuous enforcement order" means an order that:
(1) is issued for compliance or abatement and that remains in full
force and effect on a property without further requirements to
seek additional:
(A) compliance and abatement authority; or
(B) orders for the same or similar violations;
(2) authorizes specific ongoing compliance and enforcement
activities if a property requires reinspection or additional periodic
abatement;
(3) can be enforced, including assessment of fees and costs,
without the need for additional notice or hearing; and
(4) authorizes the enforcement authority to assess and collect
ongoing costs for continuous enforcement order activities from
any party that is subject to the enforcement authority's order.
"Department" refers to the executive department authorized by
ordinance to administer this chapter. In a consolidated city, this
department is the department of code enforcement subject to IC 36-3-4-23.
"Enforcement authority" refers to the chief administrative officer of
the department, except in a consolidated city. In a consolidated city, the
division of development services is the enforcement authority, subject
to IC 36-3-4-23.
"Hearing authority" refers to a person or persons designated as such
by the executive of a city or county, or by the legislative body of a
town. However, in a consolidated city, the director of the department
or a person designated by the director is the hearing authority. An
employee of the enforcement authority may not be designated as the
hearing authority.
"Known or recorded fee interest, life estate interest, or equitable
interest of a contract purchaser" means any fee interest, life estate
interest, or equitable interest of a purchaser of a contract or a known
certificate of title that is held by a person whose identity and address
may be determined from:
(1) an instrument recorded in the recorder's office of the county
where the unsafe premises is located;
(2) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the enforcement
authority);
(3) a review of department (or, in the case of a consolidated city,
the enforcement authority) records that is sufficient to identify
information that is reasonably ascertainable; or
(4) a request for certified records from the bureau of motor
vehicles.
"Known or recorded substantial property interest" means any right
in real property, including a fee interest, a life estate interest, a future
interest, a mortgage interest, a lien as evidenced by a certificate of sale
issued under IC 6-1.1-24, or an equitable interest of a contract
purchaser, that:
(1) may be affected in a substantial way by actions authorized by
this chapter; and
(2) is held by a person whose identity and address may be
determined from:
(A) an instrument recorded in:
(i) the recorder's office of the county where the unsafe
premises is located; or
(ii) the office of the county auditor of the county where the
unsafe premises are located in the case of a lien evidenced by
a certificate of sale issued under IC 6-1.1-24;
(B) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the
enforcement authority);
(C) a review of department (or, in the case of a consolidated
city, the enforcement authority) records that is sufficient to
identify information that is reasonably ascertainable; or
(D) a request for certified records from the bureau of motor
vehicles.
"Substantial property interest" means any right in personal property
or real property that may be affected in a substantial way by actions
authorized by this chapter, including a fee interest, a life estate interest,
a future interest, a mortgage interest, or an equitable interest of a
contract purchaser.
[Pre-Local Government Recodification Citations:
18-5-5.5-2(b); 18-5-5.5-2(c); 18-5-5.5-2(g); 18-5-5.5-2(j).]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.59-1986, SEC.4; P.L.177-2003, SEC.3; P.L.169-2006, SEC.59;
P.L.88-2009, SEC.7; P.L.73-2010, SEC.10; P.L.66-2014, SEC.25;
P.L.155-2024, SEC.3.