Sec. 12. (a) If at any time the condition of a structure becomes so dangerous to the safety of life and property that, in the opinion of the department, there is not sufficient time for the issuance and enforcement of an order for the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of the structure in the manner provided in this chapter, the department may immediately take the measures that are essential to provide emergency protection to life and property, including the lowering of the water level by releasing water or by a controlled breach of the structure.
(b) The department may recover the cost of the emergency measures from the owner by appropriate legal action.
As added by P.L.148-2002, SEC.15.
Structure Indiana Code
Title 14. Natural and Cultural Resources
Article 27. Levees, Dams, and Drainage
Chapter 7.5. Regulation of Dams
14-27-7.5-1. Applicability; Exception
14-27-7.5-2. "Hazard Classification System"
14-27-7.5-7. Maintenance, Repair, and Sale; Duties of Owner
14-27-7.5-8. Powers and Duties of Department; Hazard Classifications; Notice
14-27-7.5-10. Significant and Low Hazard Structures; Inspections; Reports; Fees
14-27-7.5-11. Notice of Violation
14-27-7.5-12. Emergency Measures to Protect Life and Property
14-27-7.5-14. Right of Entry Upon Premises; Notice
14-27-7.5-15. Exemption of Department From Liability
14-27-7.5-16. Request to Have Structure Declared High Hazard; Notice