§ 36-7-9-5 — Orders; contents; notice; expiration

Indiana § 36-7-9-5

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

Text

(a) The enforcement authority may issue an
order requiring action relative to any unsafe premises, including:
(1) vacating of an unsafe building;
(2) sealing an unsafe building against intrusion by unauthorized
persons, in accordance with a uniform standard established by
ordinance;
(3) extermination of vermin in and about the unsafe premises;
(4) removal of trash, debris, fire hazardous material, or a public
health hazard in and about the unsafe premises;
(5) repair or rehabilitation of an unsafe building to bring it into
compliance with standards for building condition or maintenance
required for human habitation, occupancy, or use by a statute, a
rule adopted under IC 4-22-2, or an ordinance;
(6) demolition and removal of part of an unsafe building;
(7) demolition and removal of an unsafe building if:
(A) the general condition of the building warrants removal; or
(B) the building continues to require reinspection and
additional abatement action after an initial abatement action
was taken pursuant to notice and an order; and
(8) requiring, for an unsafe building that will be sealed for a
period of more than ninety (90) days:
(A) sealing against intrusion by unauthorized persons and the
effects of weather;
(B) exterior improvements to make the building compatible in
appearance with other buildings in the area; and
(C) continuing maintenance and upkeep of the building and
premises;
in accordance with standards established by ordinance.
Notice of the order must be given under section 25 of this chapter. The
ordered action must be reasonably related to the condition of the unsafe
premises and the nature and use of nearby properties. The order
supersedes any permit relating to building or land use, whether that
permit is obtained before or after the order is issued.
(b) The order must contain the following:
(1) The name of the person to whom the order is issued.
(2) The legal description or address of the unsafe premises that
are the subject of the order.
(3) The action that the order requires.
(4) The period of time in which the action is required to be
accomplished, measured from the time when the notice of the
order is given.
(5) If a hearing is required, a statement indicating the exact time
and place of the hearing, and stating that person to whom the
order was issued is entitled to appear at the hearing with or
without legal counsel, present evidence, cross-examine opposing
witnesses, and present arguments.
(6) If a hearing is not required, a statement that an order under
subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10)
days after notice is given, unless a hearing is requested in writing
by a person holding a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises, and the
request is delivered to the enforcement authority before the end
of the ten (10) day period.
(7) A statement briefly indicating what action can be taken by the
enforcement authority if the order is not complied with.
(8) A statement indicating the obligation created by section 27 of
this chapter relating to notification of subsequent interest holders
and the enforcement authority.
(9) The name, address, and telephone number of the enforcement
authority.
(10) A statement that the hearing authority may determine the
property to be abandoned as provided in IC 36-7-37.
(c) The order must allow a sufficient time, of at least ten (10) days,
but not more than sixty (60) days, from the time when notice of the
order is given, to accomplish the required action. If the order allows
more than thirty (30) days to accomplish the action, the order may
require that a substantial beginning be made in accomplishing the
action within thirty (30) days.
(d) The order expires two (2) years from the day the notice of the
order is given, unless one (1) or more of the following events occurs
within that two (2) year period:
(1) A complaint requesting judicial review is filed under section
8 of this chapter.
(2) A contract for action required by the order is let at public bid
under section 11 of this chapter.
(3) A civil action is filed under section 17 of this chapter.
(e) If the order contains a statement under subsection (a)(6) or
(a)(7), notice of the order shall be given to each person with a known
or recorded substantial property interest.
[Pre-Local Government Recodification Citations:
18-5-5.5-2(h); 18-5-5.5-2(i).]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.59-1986, SEC.5; P.L.14-1991, SEC.11; P.L.177-2003, SEC.4;
P.L.88-2006, SEC.8; P.L.88-2009, SEC.8; P.L.1-2010, SEC.149;
P.L.203-2013, SEC.27; P.L.247-2015, SEC.41.