Indiana Code
Chapter 9. Unsafe Building Law
36-7-9-21. Court Order Authorizing Performance of Work; Judgment for Costs

Sec. 21. (a) A court acting under section 17 of this chapter may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law, if it is shown that:
(1) an order was issued to each person having a substantial property interest in the unsafe premises;
(2) each of the orders has been affirmed or modified at a hearing in such a manner that all persons having substantial property interest in the unsafe premises that are the subject of the orders are currently subject to an order requiring substantially identical action;
(3) the order, as affirmed or modified at the hearing, has not been complied with;
(4) the building that is the subject of the order is an unsafe building; and
(5) the order is not being reviewed under section 8 of this chapter.
(b) If the enforcement authority requests permission to cause the action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.
(c) The cost of the work and the processing expenses incurred by the enforcement authority computed under section 12 of this chapter, may, after a hearing, be entered by the court as a judgment against persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.
[Pre-Local Government Recodification Citations: 18-5-5.5-14; 18-5-5.5-19 part.]
As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.13.

Structure Indiana Code

Indiana Code

Title 36. Local Government

Article 7. Planning and Development

Chapter 9. Unsafe Building Law

36-7-9-1. Application of Chapter

36-7-9-2. Definitions

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. Hearings; Hearing Authority Findings and Action; Additional Period for Ordered Actions; Continuous Enforcement Order; Performance Bond; Record of Findings; Collection of Penalties

36-7-9-7.5. Noncompliance With Order to Repair or Rehabilitate Unsafe Building; Civil Penalties

36-7-9-8. Appeals

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

36-7-9-17. Civil Actions Regarding Unsafe Premises; Treble Damages Under Second or Subsequent Judgment

36-7-9-18. Injunctions

36-7-9-18.1. Performance Bond

36-7-9-19. Civil Forfeitures

36-7-9-20. Appointment of Receiver; Conditions; Rehabilitation of Property by Owner, Mortgagee, or Person With Substantial Interest

36-7-9-20.5. Property Determined Unsafe and Abandoned; Receiver; Sale Proceeds; Fee Simple Estate Subject to Easements, Liens, and Encumbrances

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

36-7-9-26. Recording of Orders, Statements of Rescission, Statements of Public Bids, and Records of Actions Taken by Hearing Authority

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