Sec. 19. (a) A court acting under section 17 of this chapter may impose a civil penalty not to exceed five thousand dollars ($5,000) against any person if the conditions of section 18 of this chapter are met. The penalty imposed may not be substantially less than the cost of complying with the order, unless that cost exceeds two thousand five hundred dollars ($2,500). The effective date of the penalty may be postponed for a period not to exceed thirty (30) days, after which the court may order the penalty reduced or stricken if it is satisfied that all work necessary to fully comply with the order has been done.
(b) On request of the enforcement authority the court shall enter a judgment in the amount of the penalty. If there is more than one (1) party defendant, the penalty is separately applicable to each defendant. The amount of a penalty that is collected shall be deposited in the unsafe building fund.
[Pre-Local Government Recodification Citation: 18-5-5.5-19 part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.169-2006, SEC.68.
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