§ 36-7-9-9 — Emergency action; recovery of costs; challenge of determination of emergency

Indiana § 36-7-9-9

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

Text

(a) If the enforcement authority finds it
necessary to take emergency action concerning an unsafe premises in
order to protect life, safety, or property, it may take that action without
issuing an order or giving notice. However, this emergency action must
be limited to removing any immediate danger.
(b) The department, acting through the enforcement authority, may
recover the costs incurred by the enforcement authority in taking
emergency action, by filing a civil action in the circuit court or superior
court of the county against the persons who held a fee interest, life
estate interest, or equitable interest of a contract purchaser in the
unsafe premises at the time the enforcement authority found it
necessary to take emergency action. The department is not liable for the
costs of this civil action.
(c) If an unsafe premises poses an immediate danger to the life or
safety of persons occupying or using nearby property, the enforcement
authority may, without following this chapter's requirements for issuing
an order and giving notice, take emergency action to require persons to
vacate and not use the nearby property until the danger has passed.
However, any person required to vacate an unsafe premises under this
subsection may challenge in an emergency court proceeding the
enforcement authority's determination that the premises poses an
immediate danger to the life or safety of any person. In an emergency
court proceeding, the enforcement authority has the burden of proving
that emergency action is necessary to protect from immediate danger
the life or safety of persons occupying or using nearby property.
(d) Instead of filing a civil action to recover the costs incurred by the
enforcement authority in taking emergency action, the enforcement
authority may set a hearing for the hearing authority to review the
necessity of the emergency action and the amount of the costs of the
emergency action. Notice of the hearing must be provided to each
person with a known or recorded substantial property interest in the
unsafe premises. If the emergency action or the costs of the emergency
action are determined by the hearing authority to have been an abuse
of discretion or otherwise unlawful, the hearing authority may reduce
or deny the costs of the emergency action as warranted under the
circumstances; otherwise, the hearing authority shall affirm the costs
of the emergency action. The amount of the costs affirmed by the
hearing authority may then be collected as provided in sections 12
through 13.5 of this chapter.
[Pre-Local Government Recodification Citation:
18-5-5.5-10.]
As added by Acts 1981, P.L.309, SEC.28. Amended by
P.L.59-1986, SEC.8; P.L.247-2015, SEC.45.