Sec. 26. (a) Except as provided in subsection (b), a local board of health or local health officer may enforce the board's or officer's orders, citations, and administrative notices by an action in the circuit or superior court.
(b) This subsection only applies to an enforcement action described in IC 16-20-5.5-2(a). A local board of health or local health officer may not file an action under subsection (a) to enforce an order, citation, or administrative notice unless the appropriate legislative body under IC 16-20-5.5-1 has authorized the local board of health or local health officer to file the action.
(c) The court may take any appropriate action in a proceeding under this section, including any of the following:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing an order and conditions under IC 16-41-9.
(4) Ordering the suspension or revocation of a license.
(5) Ordering an inspection.
(6) Ordering that a property be vacated.
(7) Ordering that a structure be demolished.
(8) Imposing a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees under IC 33-37-4-2 and IC 33-37-5.
(10) Ordering the respondent to take appropriate action in a specified time to comply with the order of the local board of health or local health officer.
(11) Ordering a local board of health or local health officer to take appropriate action to enforce an order within a specified time.
(d) The county attorney in which a local board of health or local health officer has jurisdiction shall represent the local health board and local health officer in the action unless the county executive, local board of health, or health and hospital corporation employs other legal counsel or the matter has been referred through law enforcement authorities to the prosecuting attorney.
(e) A recipient of any enforcement action described in section 19(b) of this chapter may:
(1) appeal the enforcement action under IC 16-20-5.5; or
(2) bring an action directly in the circuit or superior court.
However, a recipient who brings an action directly in the circuit or superior court waives the right to appeal under IC 16-20-5.5, and any appeal under IC 16-20-5.5 that is pending at the time the recipient files an action in the circuit or superior court is dismissed by operation of law.
[Pre-1993 Recodification Citation: 16-1-4-13.]
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.2; P.L.219-2021, SEC.5.
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