reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-16. Advisory Committees

Sec. 16. (a) The commission must appoint advisory committees to assist in the achievement of its objectives. The membership of advisory committees shall not be limited to the members of the commission.
(b) At least one (1) advisory committee must be appointed with a membership that is representative of the private sector of the communities served by the commission and must include members representative of:
(1) postsecondary educational institutions;
(2) minority business enterprises;
(3) labor and workforce organizations; and
(4) manufacturing entities;
active in at least one (1) of the communities served by the commission.
(c) Members of advisory committees are not entitled to compensation for their services but may be reimbursed by the commission for expenses incurred in the performance of their duties.
As added by P.L.165-2003, SEC.6. Amended by P.L.2-2007, SEC.387.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-17. Surveys or Studies by County or Municipal Employees

Sec. 17. A county or municipality may periodically, upon the request of the commission, assign or detail to the commission any employees of the county or municipality to make special surveys or studies requested by the commission.
As added by P.L.165-2003, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.6. Northwestern Indiana Regional Planning Commission › 36-7-7.6-19. Making of Loans and Issuing of Notes

Sec. 19. (a) The commission may adopt a resolution to make loans or issue notes to obtain money to pay current operating expenses of the commission in anticipation of the payment to the commission of the appropriation budget apportioned to participating counties under section 18 of this chapter.
(b) The terms and form of a loan or notes shall be set forth in the resolution. The resolution must specify:
(1) subject to subsection (c), the term of the loan or notes;
(2) the interest rate of the loan or notes;
(3) the medium of payment of the loan or notes;
(4) the place and manner of payment of the loan or notes;
(5) the manner of execution of the loan or notes;
(6) the terms of redemption of the loan or notes; and
(7) the funds or sources of funds from which the loan or notes are payable, which may be any funds available to the commission.
(c) A loan or notes under this section must mature in the calendar year in which the loan is made or the notes are issued. The commission may use proceeds of the loan or notes only to pay current operating expenses of the commission in anticipation of the payment to the commission of the appropriation budget apportioned to participating counties under section 18 of this chapter.
(d) The total amount of all outstanding loans and notes under this section in a particular calendar year may not exceed the total amount of the appropriation budget apportioned to participating counties and to be paid to the commission under section 18 of this chapter for the calendar year.
(e) The loan contract or the notes must plainly state that the loan or notes:
(1) are not an indebtedness of the state;
(2) constitute a corporate obligation solely of the commission; and
(3) are payable solely from:
(A) payments to the commission of the appropriation budget apportioned to participating counties under section 18 of this chapter for the calendar year; and
(B) any other revenues of the commission.
(f) This section contains full and complete authority for the making of loans and the issuance of notes by the commission under this section. No other procedure, proceedings, publications, notices, consents, approvals, orders, or acts by the commission or any other officer, department, agency, or instrumentality of the state or of any political subdivision is required to make loans or issue notes under this section.
As added by P.L.39-2007, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-2. Definitions

Sec. 2. The following definitions apply throughout this chapter:
(1) "Eligible political subdivision" means any of the following:
(A) A county.
(B) A municipality.
(C) An urban mass transportation system (as described in IC 36-9-4).
(2) "Metropolitan planning area" of the MPO means the aggregate geographic territory of the following political subdivisions:
(A) A county having a consolidated city.
(B) All eligible political subdivisions in a county having a consolidated city.
(C) All counties immediately adjacent to a county having a consolidated city.
(D) All eligible political subdivisions in a county immediately adjacent to a county having a consolidated city.
(3) "MPO" means the Indianapolis metropolitan planning organization established by section 3 of this chapter.
As added by P.L.83-2020, SEC.1. Amended by P.L.104-2022, SEC.181.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-4. Members

Sec. 4. (a) An eligible political subdivision that:
(1) is not a member of the MPO; and
(2) is in a county adjacent to a county that:
(A) is a member of the MPO; or
(B) contains a member of the MPO;
may join the MPO under this chapter.
(b) An eligible political subdivision described in subsection (a) may join the MPO under this chapter only if:
(1) the governing body of the eligible political subdivision adopts a resolution authorizing the eligible political subdivision to become a member of the MPO; and
(2) the MPO adopts a resolution authorizing the eligible political subdivision to become a member of the MPO.
(c) An eligible political subdivision becomes a member of the MPO upon the passage of a resolution under subsection (b)(2) authorizing the eligible political subdivision to become a member of the MPO.
(d) The MPO shall notify the governor's office promptly in writing when a new member joins the MPO.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-5. Purpose

Sec. 5. The purpose of the MPO is to institute and maintain a comprehensive planning and programming process for transportation policy and to assist the central Indiana regional development authority in carrying out its duties under IC 36-7.7. The MPO shall coordinate its activities with all member units in the counties and the member units of the central Indiana regional development authority and shall coordinate and assist the planning programs of member units, the central Indiana regional development authority, and the state that relate to its purposes.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-6. Withdrawal

Sec. 6. (a) This section applies to any eligible political subdivision authorized to join the MPO under section 4 of this chapter.
(b) An eligible political subdivision described in subsection (a) may withdraw from the MPO without the approval of the MPO. However, the withdrawal of a county does not affect the membership of eligible political subdivisions within that county that are already members of the MPO. The MPO shall provide a process for withdrawal from the MPO in the MPO's bylaws.
(c) The MPO shall notify the governor's office promptly in writing when a member withdraws from the MPO.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-7. Policy Board

Sec. 7. (a) Each eligible political subdivision described in section 2 of this chapter and each eligible political subdivision that joins the MPO under section 4 of this chapter is considered a member of the MPO.
(b) The highest ranking elected official, executive director, or board president of each MPO member shall serve on the MPO policy board.
(c) A member of the MPO policy board described in subsection (b) may appoint a proxy of record to serve in the member's place as a member of the MPO policy board. The proxy of record has the same authority to act and vote on all matters as does the member.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-8. Bylaws and Rules; Record Keeping

Sec. 8. The MPO may adopt bylaws and rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations. The MPO's record is a public record.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-9. Powers and Duties

Sec. 9. The MPO may perform any function or duty necessary to carry out the purposes authorized by 23 CFR 450.300 through 23 CFR 450.340 or in support of the purposes of the central Indiana regional development authority authorized by IC 36-7.7.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 7.7. Indianapolis Metropolitan Planning Organization › 36-7-7.7-11. Comprehensive Asset Management Report

Sec. 11. Before October 1, 2021, the MPO shall do the following:
(1) Develop a comprehensive asset management report, in collaboration with the Indiana department of transportation centralized electronic statewide asset management data base developed under IC 8-14-3-3, which analyzes and compiles the transportation asset management plans of each eligible political subdivision that is a member of the MPO.
(2) Present the comprehensive asset management report described in subdivision (1) to:
(A) the city-county council of the consolidated city;
(B) the fiscal and legislative bodies of each entity that is a member of the MPO; and
(C) the budget committee.
As added by P.L.83-2020, SEC.1.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-1. Application of Chapter

Sec. 1. This chapter applies to all counties.
[Pre-Local Government Recodification Citations: 17-2-72-1 part; 17-2-72.5-1 part.]
As added by Acts 1981, P.L.309, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-2. Establishment of Buildings Department

Sec. 2. The legislative body of a county may, by ordinance, establish a county department of buildings, with an office of building commissioner and inspectors.
[Local Government Recodification Citation: New.]
As added by Acts 1981, P.L.309, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-3. Establishment of Building, Heating, Ventilating, Electrical, Plumbing, and Sanitation Standards; Ordinances

Sec. 3. (a) The legislative body of a county having a county department of buildings or joint city-county building department may, by ordinance, adopt building, heating, ventilating, air conditioning, electrical, plumbing, and sanitation standards for unincorporated areas of the county. These standards take effect only on the legislative body's receipt of written approval from the fire prevention and building safety commission.
(b) An ordinance adopted under this section must be based on occupancy, and it applies to:
(1) the construction, alteration, equipment, use, occupancy, location, and maintenance of buildings, structures, and appurtenances that are on land or over water and are:
(A) erected after the ordinance takes effect; and
(B) if expressly provided by the ordinance, existing when the ordinance takes effect;
(2) conversions of buildings and structures, or parts of them, from one occupancy classification to another; and
(3) the movement or demolition of buildings, structures, and equipment for the operation of buildings and structures.
(c) The rules of the fire prevention and building safety commission are the minimum standards upon which ordinances adopted under this section must be based.
(d) An ordinance adopted under this section does not apply to private homes that are built by individuals and used for their own occupancy. However, onsite sewage systems of a private home described in this subsection must comply with state laws and rules.
[Pre-Local Government Recodification Citation: 17-2-72-1 part.]
As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.125; P.L.208-2015, SEC.19.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-4. Establishment of Minimum Housing Standards; Ordinances

Sec. 4. (a) The legislative body of a county having a county department of buildings or a joint city-county building department may, by ordinance, adopt minimum housing standards for unincorporated areas of the county. These standards must be consistent with the rules of the fire prevention and building safety commission.
(b) An ordinance adopted under this section applies to:
(1) residential buildings;
(2) residential parts of mixed occupancy buildings; and
(3) conversions of buildings from nonresidential to residential or partly residential.
(c) A municipality may elect, by ordinance, to make itself subject to an ordinance adopted under this section.
(d) This section does not affect IC 16-41-26.
[Pre-Local Government Recodification Citations: 17-2-72-1 part; 17-2-72-3; 17-2-72-6; 17-2-72-8.]
As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.126; P.L.1-1996, SEC.86.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-5. Repealed

[Pre-Local Government Recodification Citations: 17-2-72.5-1 part; 17-2-72.5-3; 17-2-72.5-8; Acts 1972, P.L.121, SECTION 3.]
As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.8-1984, SEC.127. Repealed by P.L.245-1987, SEC.22.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-6. Employment of Inspectors, Agents, and Deputies; Appropriations

Sec. 6. The county executive may employ the inspectors, agents, and deputies it considers necessary to enforce ordinances adopted under this chapter and under applicable statutes and state rules. The county fiscal body shall make appropriations from the county general fund to pay these employees and to pay all other expenses incurred under this chapter.
[Pre-Local Government Recodification Citations: 17-2-72-4; 17-2-72-5.]
As added by Acts 1981, P.L.309, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-7. Municipalities and Counties; Designation of Enforcement Agencies

Sec. 7. One (1) or more municipalities and a county may designate, by ordinance or resolution of their legislative bodies, a single agency of a municipality or the county to administer and enforce:
(1) the ordinances adopted under section 3 of this chapter; and
(2) the standards imposed by section 5 of this chapter;
throughout the county on behalf of the municipalities and the county.
[Pre-Local Government Recodification Citations: 17-2-72-7; 17-2-72.5-4.]
As added by Acts 1981, P.L.309, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-8. Enforcement by City Located Within County

Sec. 8. A county that has adopted an ordinance under section 4 of this chapter may contract with any city located in the county to have the city administer and enforce that ordinance. The contract must be for a stated and limited period, and may be renewed. All actions, notices, or other writings under such a contract must be performed as the county building commissioner would perform them, and may not be performed in the name of the city.
[Pre-Local Government Recodification Citation: 17-2-72-9 part.]
As added by Acts 1981, P.L.309, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-9. Appeals

Sec. 9. A person aggrieved by a decision of the county department of buildings or other regulating agency under this chapter may appeal as in other civil actions. The appellant must, by registered mail, give the county executive a fifteen (15) day written notice of the appellant's intention to appeal. The notice must concisely state the appellant's grievance.
[Pre-Local Government Recodification Citation: 17-2-72.5-5.]
As added by Acts 1981, P.L.309, SEC.27. Amended by P.L.127-2017, SEC.183.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-10. Violations and Penalties; Fees

Sec. 10. An ordinance adopted under section 3 or 4 of this chapter may provide a reasonable penalty for violations. An ordinance adopted under section 3 of this chapter may also include a reasonable fee for permits, registration, renewal, examination, and reexamination.
[Pre-Local Government Recodification Citations: 17-2-72-11; 17-2-72.5-9.]
As added by Acts 1981, P.L.309, SEC.27.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 8. County Building Department and Building Standards › 36-7-8-11. Repealed

[Pre-Local Government Recodification Citations: 17-2-72-10; 17-2-72.5-7.]
As added by P.L.24-1986, SEC.36. Repealed by P.L.74-1987, SEC.28.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-1. Application of Chapter

Sec. 1. This chapter applies to each consolidated city and its county. This chapter also applies to any other municipality or county that adopts an ordinance under section 3 of this chapter.
[Pre-Local Government Recodification Citation: 18-5-5.5-1 part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1982, P.L.33, SEC.33.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-3. Ordinances Adopting This Chapter

Sec. 3. The legislative body of a municipality or county may adopt this chapter by ordinance. The ordinance must specify the executive department of the unit responsible for the administration of this chapter or establish such a department. However, in a municipality in which a commissioner of buildings was appointed to administer IC 18-5-5 (before its repeal on September 1, 1981), the commissioner of buildings is responsible for the administration of this chapter. The ordinance must also incorporate by reference the definition of "substantial property interest" in this chapter.
[Pre-Local Government Recodification Citation: 18-5-5.5-1(b) part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by Acts 1982, P.L.33, SEC.34; P.L.3-1990, SEC.126.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-4. Unsafe Buildings and Unsafe Premises Described

Sec. 4. (a) For purposes of this chapter, a building or structure, or any part of a building or structure, that is:
(1) in an impaired structural condition that makes it unsafe to a person or property;
(2) a fire hazard;
(3) a hazard to the public health;
(4) a public nuisance;
(5) dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
(6) vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;
is considered an unsafe building.
(b) For purposes of this chapter, the following are considered unsafe premises:
(1) An unsafe building and the tract of real property on which the unsafe building is located.
(2) A tract of real property, not including land used for production agriculture, that does not contain a building or structure or contains a building or structure that is not considered an unsafe building, if the tract of real property is:
(A) a fire hazard;
(B) a hazard to public health;
(C) a public nuisance; or
(D) dangerous to a person or property because of a violation of a statute or an ordinance.
[Pre-Local Government Recodification Citation: 18-5-5.5-1(b) part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.14-1991, SEC.9; P.L.66-2005, SEC.1; P.L.66-2014, SEC.26; P.L.164-2019, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-4.5. Legislative Findings; Vacant or Deteriorated Structures

Sec. 4.5. (a) In Indiana, especially in urban areas, there exist a large number of unoccupied structures that are not maintained and that constitute a hazard to public health, safety, and welfare.
(b) Vacant structures often become dilapidated because the structures are not maintained and repaired by the owners or persons in control of the structures.
(c) Vacant structures attract children, become harborage for vermin, serve as temporary abodes for vagrants and criminals, and are likely to be damaged by vandals or set ablaze by arsonists.
(d) Unkept grounds surrounding vacant structures invite dumping of garbage, trash, and other debris.
(e) Many vacant structures are situated on narrow city lots and in close proximity to neighboring structures, thereby increasing the risk of conflagration and spread of insect and rodent infestation.
(f) Vacant, deteriorated structures contribute to blight, cause a decrease in property values, and discourage neighbors from making improvements to properties.
(g) Structures that remain boarded up for an extended period of time also exert a blighting influence and contribute to the decline of the neighborhood by decreasing property values, discouraging persons from moving into the neighborhood, and encouraging persons to move out of the neighborhood.
(h) Vacant structures often continue to deteriorate to the point that demolition of the structure is required, thereby decreasing available housing in a community and further contributing to the decline of the neighborhood.
(i) The blighting influence of vacant, deteriorated structures adversely affects the tax revenues of local government.
(j) The general assembly finds that vacant, deteriorated structures create a serious and substantial problem in urban areas and are public nuisances.
(k) In recognition of the problems created in a community by vacant structures, the general assembly finds that vigorous and disciplined action should be taken to ensure the proper maintenance and repair of vacant structures and encourages local governmental bodies to adopt maintenance and repair standards appropriate for the community in accordance with this chapter and other statutes.
As added by P.L.14-1991, SEC.10. Amended by P.L.1-1992, SEC.186.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-6. Modification or Rescission of Orders

Sec. 6. (a) The enforcement authority may issue an order that modifies the order previously issued.
(b) The enforcement authority may rescind an order previously issued, even if the order has been affirmed by the hearing authority.
[Pre-Local Government Recodification Citations: 18-5-5.5-3; 18-5-5.5-4.]
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.6.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-7.5. Noncompliance With Order to Repair or Rehabilitate Unsafe Building; Civil Penalties

Sec. 7.5. (a) This section applies to an order issued under section 5(a)(5) of this chapter for which a hearing was not requested as provided in section 7 of this chapter.
(b) If the person to whom the order was issued fails or refuses to comply with the order within sixty (60) days or the time specified in the order, the enforcement authority may impose a civil penalty not to exceed two thousand five hundred dollars ($2,500). The enforcement authority shall give notice of the civil penalty to all persons with a known or recorded substantial property interest in the unsafe premises.
(c) After a civil penalty is imposed under subsection (b), the enforcement authority may impose an additional civil penalty in an amount not to exceed one thousand dollars ($1,000) every ninety (90) days if the person to whom the order was issued continues to fail or refuse to comply with the order.
(d) If a civil penalty under this section is unpaid for more than fifteen (15) days after payment of the civil penalty is due, the civil penalty may be collected in the same manner as costs under section 13 or 13.5 of this chapter. The amount of the civil penalty that is collected shall be deposited in the unsafe building fund.
As added by P.L.247-2015, SEC.43.
2023 Indiana Code › Title 36. Local Government › Article 7. Planning and Development › Chapter 9. Unsafe Building Law › 36-7-9-8. Appeals

Sec. 8. (a) An action taken by the hearing authority under section 7(d), 7(e), or 9(d) of this chapter or a finding by the hearing authority of abandonment under IC 36-7-37 is subject to review by the circuit or superior court of the county in which the unsafe premises are located, on request of:
(1) any person who has a substantial property interest in the unsafe premises; or
(2) any person to whom that order or finding was issued.
(b) A person requesting judicial review under this section must file a verified complaint including the findings of fact and the action taken by the hearing authority. The complaint must be filed within ten (10) days after the date when the action was taken.
(c) An appeal under this section is an action de novo. The court may affirm, modify, or reverse the action taken by the hearing authority.
[Pre-Local Government Recodification Citation: 18-5-5.5-9.]
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006, SEC.61; P.L.247-2015, SEC.44.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.