Indiana § 36-7-9-21 Court order authorizing performance of work; judgment for costs

Indiana Statutes

§ 36-7-9-21 — Court order authorizing performance of work; judgment for costs

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

(a)A court acting under section 17 of this chapter may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law, if it is shown that:

(1)an order was issued to each person having a substantial property interest in the unsafe premises;

(2)each of the orders has been affirmed or modified at a hearing in such a manner that all persons having substantial property interest in the unsafe premises that are the subject of the orders are currently subject to an order requiring substantially identical action;

(3)the order, as affirmed or modified at the hearing, has not been complied with;

(4)the building that is the subject of the order is an unsafe building; and

(5)the order

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(a) A court acting under section 17 of this
chapter may authorize the department, acting through its enforcement
authority, to cause the action required by the order to be performed by
a contractor licensed and qualified under law, if it is shown that:
(1) an order was issued to each person having a substantial
property interest in the unsafe premises;
(2) each of the orders has been affirmed or modified at a hearing
in such a manner that all persons having substantial property
interest in the unsafe premises that are the subject of the orders
are currently subject to an order requiring substantially identical
action;
(3) the order, as affirmed or modified at the hearing, has not been
complied with;
(4) the building that is the subject of the order is an unsafe
building; and
(5) the order is not being reviewed under section 8 of this chapter.
(b) If the enforcement authority requests permission to cause the
action required by the order to be performed by a contractor, all
persons having a substantial property interest in the unsafe premises
shall be made party defendants.
(c) The cost of the work and the processing expenses incurred by the
enforcement authority computed under section 12 of this chapter, may,
after a hearing, be entered by the court as a judgment against persons
having a fee interest, life estate interest, or equitable interest of a
contract purchaser in the unsafe premises.
[Pre-Local Government Recodification Citations:
18-5-5.5-14; 18-5-5.5-19 part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.59-1986, SEC.13.

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