Indiana Code
Chapter 1. Powers and Duties of Local Health Departments
16-20-1-26. Enforcement; Approval of Legislative Body Before Filing Certain Actions; Court Action; Recipient of Enforcement Action

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

Indiana Code

Title 16. Health

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

16-20-1-3. Procedural Rules

16-20-1-4. Board Organization and Officers

16-20-1-5. Annual Budget

16-20-1-6. Offices and Equipment

16-20-1-7. Annual Report

16-20-1-8. Health and Planning Services Contracts

16-20-1-9. Duties of Officers and Employees

16-20-1-10. Records; Minutes

16-20-1-11. Monthly Reports; Approval; Permanent Records

16-20-1-12. Activities Reports to State Department

16-20-1-13. Local Health Officer or Representative; Consultative Meetings With State Department; Expenses

16-20-1-14. Personnel; Delegation of Duties on the Basis of Agent-Principal Relation; Water Well Inspections

16-20-1-15. Compensation

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

16-20-1-21.5. Local Orders Less Stringent; Approval of Local Order if More Stringent or Addressing Declared Emergency

16-20-1-22. Sanitary Inspections and Surveys of Public Buildings and Institutions

16-20-1-23. Inspection of Private Property by Local Health Officer; Consent by Owner; Exceptions; Court Order; Property in Which Officer Has Interest

16-20-1-24. Epidemic Control; Powers

16-20-1-25. Unlawful Conditions; Abatement Order; Enforcement

16-20-1-26. Enforcement; Approval of Legislative Body Before Filing Certain Actions; Court Action; Recipient of Enforcement Action

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