Sec. 13.5. (a) This section does not apply to the collection of an amount if a court determines under section 13 of this chapter that the enforcement authority is not entitled to the amount.
(b) If:
(1) all or any part of the costs listed in section 12 of this chapter remain unpaid for any unsafe premises (other than unsafe premises owned by a governmental entity) for more than fifteen (15) days after completion of the work; or
(2) emergency action was taken under section 9 of this chapter, for more than fifteen (15) days after the costs of the emergency action have been affirmed by the hearing authority;
the enforcement authority may send notice under section 25 of this chapter to each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises. If the notice is sent, the enforcement authority shall also send notice to any mortgagee with a known or recorded substantial property interest. The notice must require full payment of the amount owed within thirty (30) days.
(c) If full payment of the amount owed is not made less than thirty (30) days after the notice is delivered, the enforcement officer may certify the following information to the county auditor:
(1) The name of each person who held a known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.
(2) The description of the unsafe premises, as shown by the records of the county auditor.
(3) The amount of the delinquent payment, including all costs described in section 12 of this chapter.
(d) The county auditor shall place the total amount certified under subsection (c) on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest, shall be collected as delinquent taxes are collected.
(e) An amount collected under subsection (d), after all other taxes have been collected and disbursed, shall be disbursed to the unsafe building fund.
(f) A judgment entered under section 13, 19, 21, or 22 of this chapter may be certified to the auditor and collected under this section. However, a judgment lien need not be obtained under section 13 of this chapter before a debt is certified under this section.
As added by P.L.31-1994, SEC.13. Amended by P.L.169-2006, SEC.65; P.L.247-2015, SEC.47.
Structure Indiana Code
Article 7. Planning and Development
Chapter 9. Unsafe Building Law
36-7-9-1. Application of Chapter
36-7-9-3. Ordinances Adopting This Chapter
36-7-9-4. Unsafe Buildings and Unsafe Premises Described
36-7-9-4.5. Legislative Findings; Vacant or Deteriorated Structures
36-7-9-5. Orders; Contents; Notice; Expiration
36-7-9-6. Modification or Rescission of Orders
36-7-9-7.5. Noncompliance With Order to Repair or Rehabilitate Unsafe Building; Civil Penalties
36-7-9-9. Emergency Action; Recovery of Costs; Challenge of Determination of Emergency
36-7-9-10. Action to Enforce Orders
36-7-9-11. Liability for Costs for Performance of Work Required by Orders
36-7-9-12. Liability for Cost of Emergency Action Taken or Performance of Work Required by Orders
36-7-9-13. Notice of Unpaid Costs; Filing With Clerk of Court; Hearing; Judgment Lien
36-7-9-13.5. Unpaid Costs for Unsafe Premises Repairs or Emergency Actions Taken; Collection
36-7-9-14. Unsafe Building Fund; Deposits and Expenditures
36-7-9-15. Transfer of Money to Unsafe Building Fund
36-7-9-16. Inspection Warrants
36-7-9-21. Court Order Authorizing Performance of Work; Judgment for Costs
36-7-9-22. Emergencies; Court Order Authorizing Action to Make Premises Safe; Judgment for Costs
36-7-9-23. Change of Venue and Judge
36-7-9-24. Priority of Actions
36-7-9-25. Manner of Serving Notice
36-7-9-27. Transfers of Property by Persons Not Complying With Orders
36-7-9-28. Violations; Penalties
36-7-9-29. Order of Action Related to Unsafe Premise; Written Information Required