Indiana § 36-7-9-22 Emergencies; court order authorizing action to make premises safe;
judgment for costs

Indiana Statutes

§ 36-7-9-22 — Emergencies; court order authorizing action to make premises safe; 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 set a hearing to be held within ten (10) days after the filing of a complaint alleging the existence of unsafe premises presenting an immediate danger to the health and safety of the surrounding community sufficient to warrant emergency action. Upon a finding at the hearing in favor of the department, the court may:

(1)permit the enforcement authority to cause the action necessary to make the premises safe to be immediately performed by a contractor licensed and qualified under law;

(2)permit the enforcement authority to cause the action necessary to make the premises safe to be immediately performed by a contractor licensed and qualified under law after the defendants have had a reasonable time, as established by the court, to make

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(a) A court acting under section 17 of this
chapter may set a hearing to be held within ten (10) days after the filing
of a complaint alleging the existence of unsafe premises presenting an
immediate danger to the health and safety of the surrounding
community sufficient to warrant emergency action. Upon a finding at
the hearing in favor of the department, the court may:
(1) permit the enforcement authority to cause the action necessary
to make the premises safe to be immediately performed by a
contractor licensed and qualified under law;
(2) permit the enforcement authority to cause the action necessary
to make the premises safe to be immediately performed by a
contractor licensed and qualified under law after the defendants
have had a reasonable time, as established by the court, to make
the unsafe premises safe and have failed to complete the
necessary action; or
(3) grant a mandatory injunction relative to the unsafe premises
that would require a defendant who has an interest in the premises
that allows the defendant to take corrective action to immediately
make the premises safe.
In granting relief under subdivision (2) or (3) the court shall set a date
certain for the completion of the necessary action and shall hold a
hearing within ten (10) days after that date to determine whether the
necessary action has been completed.
(b) The issuance of an order concerning the unsafe premises is not
a prerequisite to permission by the court to cause action to be
performed on the unsafe premises. If an order has been issued
concerning the unsafe premises, it does not prevent the permission by
the court to cause action to be performed on the unsafe premises.
(c) If the enforcement authority requests authority to cause action on
the unsafe premises to be performed by a contractor, all persons having
a substantial property interest in the unsafe premises shall be made
party defendants.
(d) The cost of accomplishing the work 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 Citation:
18-5-5.5-19 part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.59-1986, SEC.14.

Indiana § 36-7-9-22 (Emergencies; court order authorizing action to make premises safe; judgment for costs) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.