reglab/housing_qa huggingface dataset:
IN Code § 36-7-9-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-9. Emergency Action; Recovery of Costs; Challenge of Determination of Emergency

Sec. 9. (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.
IN Code § 36-7-9-10 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-10. Action to Enforce Orders

Sec. 10. (a) The enforcement authority may cause the action required by an order issued under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter to be performed by a contractor if:(1) the order has been served, in the manner prescribed by section 25 of this chapter, on each person having a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises that are the subject of the order;(2) the order has not been complied with;(3) a hearing was not requested under section 5(b)(6) of this chapter, or, if a hearing was requested, the order was affirmed at the hearing; and(4) the order is not being reviewed under section 8 of this chapter.(b) The enforcement authority may cause the action required by an order, other than an order under section 5(a)(2), 5(a)(3), 5(a)(4), or 5(a)(5) of this chapter, to be performed if:(1) service of an order under section 5(a)(1) of this chapter, in the manner prescribed by section 25 of this chapter, has been made on each person having a known or recorded substantial property interest or present possessory interest in the unsafe premises that are the subject of the order;(2) service of an order under section 5(a)(6), 5(a)(7), or 5(a)(8) of this chapter, in the manner prescribed by section 25 of this chapter, has been made on each person having a known or recorded substantial property interest in the unsafe premises that are the subject of the order;(3) the order has been affirmed or modified at the hearing in such a manner that all persons having a known or recorded substantial property interest, and persons holding a present possessory interest, as required, in the unsafe premises that are the subject of the order are currently subject to an order requiring the accomplishment of substantially identical action;(4) the order, as affirmed or modified at the hearing, has not been complied with; and(5) the order is not being reviewed under section 8 of this chapter.(c) If action is being taken under this section on the basis of an order that was served by publication, it is sufficient to serve the statement by publication and indicate that the enforcement authority intends to perform the work, unless the authority has received information in writing that enables it to make service under section 25 of this chapter by a method other than publication.[Pre-Local Government Recodification Citation: 18-5-5.5-13.]As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.9; P.L.177-2003, SEC.6; P.L.169-2006, SEC.62.
IN Code § 36-7-9-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-12. Liability for Cost of Emergency Action Taken or Performance of Work Required by Orders

Sec. 12. (a) When action required by an order is performed by the enforcement authority or by a contractor acting under section 9 or 11 of this chapter, each person who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises from the time when the order requiring the work performed was issued to the time that the work was completed, or, if emergency action was taken under section 9 of this chapter, during the time of such emergency action, is jointly and severally responsible for the following costs:(1) The:(A) actual cost of the emergency action taken, as affirmed by the hearing authority; or(B) actual cost of the work performed by the enforcement authority or the bid price of work accomplished by the contractor under section 11 of this chapter.(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the enforcement authority in taking the technical, administrative, and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor under section 9 or 11 of this chapter. In calculating the amount of the average processing expense, the following costs may be considered:(A) The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises.(B) The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record, in accordance with section 25 of this chapter.(C) Salaries for employees.(D) The cost of supplies, equipment, and office space.(b) The board or commission having control over the department shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action of the board or commission. In determining the average processing expense, the board or commission may fix the amount at a full dollar amount that is an even multiple of ten (10).[Pre-Local Government Recodification Citation: 18-5-5.5-15 part.]As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.11; P.L.68-2010, SEC.4; P.L.247-2015, SEC.46.
IN Code § 36-7-9-13.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-13.5. Unpaid Costs for Unsafe Premises Repairs or Emergency Actions Taken; Collection

Sec. 13.5. (a) This section does not apply to the collection of an amount if a court determines under section 13 of this chapter that the enforcement authority is not entitled to the amount.(b) If:(1) all or any part of the costs listed in section 12 of this chapter remain unpaid for any unsafe premises (other than unsafe premises owned by a governmental entity) for more than fifteen (15) days after completion of the work; or(2) emergency action was taken under section 9 of this chapter, for more than fifteen (15) days after the costs of the emergency action have been affirmed by the hearing authority;the enforcement authority may send notice under section 25 of this chapter to each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises. If the notice is sent, the enforcement authority shall also send notice to any mortgagee with a known or recorded substantial property interest. The notice must require full payment of the amount owed within thirty (30) days.(c) If full payment of the amount owed is not made less than thirty (30) days after the notice is delivered, the enforcement officer may certify the following information to the county auditor:(1) The name of each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.(2) The description of the unsafe premises, as shown by the records of the county auditor.(3) The amount of the delinquent payment, including all costs described in section 12 of this chapter.(d) The county auditor shall place the total amount certified under subsection (c) on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest, shall be collected as delinquent taxes are collected.(e) An amount collected under subsection (d), after all other taxes have been collected and disbursed, shall be disbursed to the unsafe building fund.(f) A judgment entered under section 13, 19, 21, or 22 of this chapter may be certified to the auditor and collected under this section. However, a judgment lien need not be obtained under section 13 of this chapter before a debt is certified under this section.As added by P.L.31-1994, SEC.13. Amended by P.L.169-2006, SEC.65; P.L.247-2015, SEC.47.
IN Code § 36-7-9-14 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-14. Unsafe Building Fund; Deposits and Expenditures

Sec. 14. (a) The enforcement authority shall establish in its operating budget a fund designated as the unsafe building fund. Any balance remaining at the end of a fiscal year shall be carried over in the fund for the following year and does not revert to the general fund.(b) Money for the unsafe building fund may be received from any source, including appropriations by local, state, or federal governments, and donations. The following money shall be deposited in the fund:(1) Money received as payment for or settlement of obligations or judgments established under sections 9 through 13 and 17 through 22 of this chapter.(2) Money received from bonds posted under section 7 of this chapter.(3) Money received in satisfaction of receivers' notes or certificates that were issued under section 20 of this chapter and were purchased with money from the unsafe building fund.(4) Money received for payment or settlement of civil penalties or fines imposed under section 7 of this chapter.(5) Money received from the collection of special assessments under section 13.5 of this chapter.(c) Money in the unsafe building fund may be used for the expenses incurred in carrying out the purposes of this chapter, including:(1) the cost of obtaining reliable information about the identity and location of each person who owns a substantial property interest in unsafe premises;(2) the cost of an examination of an unsafe building by a registered architect or registered engineer not employed by the department;(3) the cost of surveys necessary to determine the location and dimensions of real property on which an unsafe building is located;(4) the cost of giving notice of orders, notice of statements of rescission, notice of continued hearing, and notice of statements that public bids are to be let in the manner prescribed by section 25 of this chapter;(5) the bid price of work by a contractor under section 10 or sections 17 through 22 of this chapter;(6) the cost of emergency action under section 9 of this chapter; and(7) the cost of notes or receivers' certificates issued under section 20 of this chapter.(d) Payment of money from the unsafe building fund must be made in accordance with applicable law.[Pre-Local Government Recodification Citation: 18-5-5.5-16 part.]As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.14-1991, SEC.13; P.L.31-1994, SEC.14; P.L.169-2006, SEC.66.
IN Code § 36-7-9-15 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-15. Transfer of Money to Unsafe Building Fund

Sec. 15. The board or commission having control over the department may transfer all or part of the money in a building, demolition, repair, and contingent fund that was established by IC 18-5-5-7 (before its repeal on September 1, 1981) to the unsafe building fund.[Pre-Local Government Recodification Citation: 18-5-5.5-17 part.]As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.3-1990, SEC.127.
IN Code § 36-7-9-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-16. Inspection Warrants

Sec. 16. (a) If the owners or those in possession of a building refuse inspection, an inspection officer of the enforcement authority may obtain an inspection warrant from any court of record in the county in which the building is located in order to determine if the building is an unsafe building. The court shall issue the warrant subject to the following conditions:(1) The person seeking the warrant must establish that the building to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection that naturally includes the building, or that there is probable cause for believing that a condition, object, activity, or circumstance legally justifies a search or inspection of that building.(2) An affidavit establishing one (1) of the grounds described in subdivision (1) must be signed under oath or affirmation by the affiant.(3) The court must examine the affiant under oath or affirmation to verify the accuracy of the affidavit.(b) The warrant is valid only if it:(1) is signed by the judge of the court and bears the date and hour of its issuance above that signature, with a notation that the warrant is valid for only forty-eight (48) hours after its issuance;(2) describes (either directly or by reference to the affidavit) the building where the search or inspection is to occur so that the executor of the warrant and owner or the possessor of the building can reasonably determine what property the warrant authorizes an inspection of;(3) indicates the conditions, objects, activities, or circumstances that the inspection is intended to check or reveal; and(4) is attached to the affidavit required to be made in order to obtain the warrant.(c) A warrant issued under this section is valid for only forty-eight (48) hours after its issuance, must be personally served upon the owner or possessor of the building, and must be returned within seventy-two (72) hours.[Pre-Local Government Recodification Citation: 18-5-5.5-17 part.]As added by Acts 1981, P.L.309, SEC.28.
IN Code § 36-7-9-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-17. Civil Actions Regarding Unsafe Premises; Treble Damages Under Second or Subsequent Judgment

Sec. 17. (a) The department, acting through its enforcement authority, a person designated by the enforcement authority, or a community organization may bring a civil action regarding unsafe premises in the circuit, superior, or municipal court of the county. The department is not liable for the costs of such an action. The court may grant one (1) or more of the kinds of relief authorized by sections 18 through 22 of this chapter.(b) A civil action may not be initiated under this section before the final date of an order or an extension of an order under section 5(c) of this chapter requiring:(1) the completion; or(2) a substantial beginning toward accomplishing the completion;of the required remedial action.(c) A community organization may not initiate a civil action under this section if:(1) the enforcement authority or a person designated by the enforcement authority has filed a civil action under this section regarding the unsafe premises; or(2) the enforcement authority has issued a final order that the required remedial action has been satisfactorily completed.(d) A community organization may not initiate a civil action under this section if the real property that is the subject of the civil action is located outside the specific geographic boundaries of the area defined in the bylaws or articles of incorporation of the community organization.(e) At least sixty (60) days before commencing a civil action under this section, a community organization must issue a notice by certified mail, return receipt requested, that:(1) specifies:(A) the nature of the alleged nuisance;(B) the date the nuisance was first discovered;(C) the location on the property where the nuisance is allegedly occurring;(D) the intent of the community organization to bring a civil action under this section; and(E) the relief sought in the action; and(2) is provided to:(A) the owner of record of the premises;(B) tenants located on the premises;(C) the enforcement authority; and(D) any person that possesses an interest of record.(f) In any action filed by a community organization under this section, a court may award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the prevailing party.(g) If a second or subsequent civil judgment is entered under this section:(1) against an owner of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser of property; and(2) during any two (2) year period;a court may order the owner to pay treble damages based on the costs of the ordered action. The second or subsequent civil judgment may relate to the same property or a different property held by the owner.[Pre-Local Government Recodification Citation: 18-5-5.5-18.]As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.31-1994, SEC.15; P.L.177-2003, SEC.7; P.L.88-2009, SEC.10.
IN Code § 36-7-9-18 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-18. Injunctions

Sec. 18. A court acting under section 17 of this chapter may grant a mandatory or prohibitory injunction against any person that will cause the order to be complied with, if it is shown that:(1) an order, which need not set a hearing date, was issued to the person;(2) the person has a property interest in the unsafe premises that are the subject of the order that would allow the person to take the action required by the order;(3) the building that is the subject of the order is an unsafe building; and(4) the order is not being reviewed under section 8 of this chapter.[Pre-Local Government Recodification Citation: 18-5-5.5-19 part.]As added by Acts 1981, P.L.309, SEC.28.
IN Code § 36-7-9-18.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-18.1. Performance Bond

Sec. 18.1. (a) A court acting under section 17 of this chapter may condition the granting of a period of time to accomplish the action required by an order on the posting of a performance bond that will be forfeited if the action required by the order is not completed within the period the court allows. Before granting a period of time that is conditioned on the posting of a bond, the court may require that the requesting person justify the request with a workable and financially supported plan. If the court determines that a significant amount of work must be accomplished to comply with the order, the court may require that the bond specify interim completion standards and provide that the bond is forfeited if any of these interim completion standards are not substantially met.(b) An amount collected under subsection (a) on a forfeited bond shall be deposited in the unsafe building fund.As added by P.L.169-2006, SEC.67.
IN Code § 36-7-9-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-19. Civil Forfeitures

Sec. 19. (a) A court acting under section 17 of this chapter may impose a civil penalty not to exceed five thousand dollars ($5,000) against any person if the conditions of section 18 of this chapter are met. The penalty imposed may not be substantially less than the cost of complying with the order, unless that cost exceeds two thousand five hundred dollars ($2,500). The effective date of the penalty may be postponed for a period not to exceed thirty (30) days, after which the court may order the penalty reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done.(b) On request of the enforcement authority the court shall enter a judgment in the amount of the penalty. If there is more than one (1) party defendant, the penalty is separately applicable to each defendant. The amount of a penalty that is collected shall be deposited in the unsafe building fund.[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.169-2006, SEC.68.
IN Code § 36-7-9-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 7. Planning and Development|Chapter 9. Unsafe Building Law|36-7-9-21. Court Order Authorizing Performance of Work; Judgment for Costs

Sec. 21. (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.