Sec. 25. (a) A person shall not institute, permit, or maintain any conditions that may transmit, generate, or promote disease.
(b) A health officer, upon receiving a complaint asserting the existence of unlawful conditions described in subsection (a) within the officer's jurisdiction, shall document the complaint as provided in subsection (d). Upon verifying the information contained in the complaint, the health officer shall order the abatement of those conditions. The order must:
(1) be in writing;
(2) specify the conditions that may transmit disease; and
(3) name the shortest reasonable time for abatement.
(c) If a person refuses or neglects to obey an order issued under this section, the attorney representing the county of the health jurisdiction where the offense occurs shall, upon receiving the information from the health officer, institute proceedings in the courts for enforcement. An order may be enforced by injunction. If the action concerning public health is a criminal offense, a law enforcement authority with jurisdiction over the place where the offense occurred shall be notified.
(d) A complaint made under subsection (b) must include adequate details to allow the health officer to verify the existence of the unlawful conditions that are the subject of the complaint. A health officer shall provide a copy of a complaint upon request to the person who is the subject of the complaint.
[Pre-1993 Recodification Citation: 16-1-4-11.]
As added by P.L.2-1993, SEC.3. Amended by P.L.97-2012, SEC.16; P.L.292-2013, SEC.10; P.L.174-2021, SEC.15.
Structure Indiana Code
Article 20. Local Health Departments
Chapter 1. Powers and Duties of Local Health Departments
16-20-1-1. Application; Limited Area
16-20-1-2. Operation as Local Government Agency
16-20-1-4. Board Organization and Officers
16-20-1-6. Offices and Equipment
16-20-1-8. Health and Planning Services Contracts
16-20-1-9. Duties of Officers and Employees
16-20-1-11. Monthly Reports; Approval; Permanent Records
16-20-1-12. Activities Reports to State Department
16-20-1-16. Salaries and Expenses; Authorized Payment
16-20-1-17. Vital Statistics; Birth and Death Records
16-20-1-18. Financial Assistance; Approval
16-20-1-19. Enforcement; Appealable
16-20-1-20. Proposed Rules and Ordinances; Fiscal Impact Statement
16-20-1-21. Communicable Disease Control; Powers
16-20-1-22. Sanitary Inspections and Surveys of Public Buildings and Institutions
16-20-1-24. Epidemic Control; Powers
16-20-1-25. Unlawful Conditions; Abatement Order; Enforcement
16-20-1-27. Service Fees; Disposition
16-20-1-28. Removal of Local Health Officers; Grounds; Hearing Rights
16-20-1-29. Rights of Employees of Local Health Department Under Prior Law
16-20-1-30. Rights of Employees of City-County Health Departments in Allen County Under Prior Law