Indiana Code 16-20-1-23. Inspection of private property by local health officer; consent by owner; exceptions; court order; property in which officer has interest
(1) showing official identification; and
Terms Used In Indiana Code 16-20-1-23
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
a local health officer or the officer’s designee may enter any premises at any reasonable time and inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing that may be reasonably necessary to determine compliance with public health laws and rules and for the prevention and suppression of disease.
(b) A local health officer or the officer’s designee shall obtain the consent of the owner or the occupant of the premises under subsection (a), except as provided in any of the following circumstances:
(1) Subject to subsection (c), the local health officer or the officer’s designee obtains an order from a circuit or superior court in the jurisdiction where the premises is located to authorize the inspection, investigation, evaluation, testing, or taking of specimens or samples for testing.
(2) An emergency condition that poses an imminent and serious threat to the health of an individual or the public and the local health officer or the officer’s designee believes that a delay could result in a greater health risk.
(3) Entry by a local health officer or the officer’s designee to a public place or an area in plain and open view to determine compliance with public health laws and rules.
(4) Entry under the terms and conditions of a license issued by the local health department at any reasonable time if reasonably necessary to determine compliance with public health laws and rules and the terms and conditions of the license.
(c) A court described in subsection (b)(1) may issue an order to inspect, investigate, evaluate, conduct tests, or take specimens or samples for testing if the court finds that the local health officer or the officer’s designee, by oath or affirmation, provided reliable information establishing the violation of a public health law or rule at the premises.
(d) However, a local health officer, or the officer’s designee, shall not inspect property in which the local health officer has any interest, whether real, equitable, or otherwise. Any such inspection or any attempt to make such inspection is grounds for removal as provided for in this article.
(e) This section does not prevent inspection of premises in which a local health officer has an interest if the premises cannot otherwise be inspected. If the premises cannot otherwise be inspected, the county health officer shall inspect the premises personally.
[Pre-1993 Recodification Citation: 16-1-4-9.]
As added by P.L.2-1993, SEC.3. Amended by P.L.122-2012, SEC.1.