Sec. 5. (a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to:
(1) each tenant of the property; and
(2) the owner of record;
that a nuisance exists on the property.
(b) The notice required under this section must specify the following:
(1) The date and time the nuisance was first discovered.
(2) The location on the property where the nuisance is allegedly occurring.
(c) The notice must be:
(1) hand delivered; or
(2) sent by certified mail;
to each tenant and the owner of record.
(d) A person initiating an action to abate a nuisance under this chapter shall:
(1) when notice is provided under this section, produce all evidence in the person's possession or control of the existence of the nuisance; and
(2) if requested by the owner, assist the owner in the production of witness and physical evidence.
[Pre-2002 Recodification Citation: 34-19-3-5.]
As added by P.L.2-2002, SEC.15.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 8. Actions for Drug Nuisances
32-30-8-4. Actions to Abate Nuisance; Persons Authorized to Initiate
32-30-8-5. Action to Abate Nuisance; Notice; Requirements
32-30-8-7. Application of Trial Rules to Notice; Posting Requirement
32-30-8-8. Service Upon Defendant
32-30-8-9. Hearing; Service Upon Owner of Property
32-30-8-12. Restitution; Possession; Removal of Tenant's Personal Property
32-30-8-13. Plan for Correction
32-30-8-14. Proof That Defendant Knew of Nuisance Not Required