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
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