Sec. 12. (a) Whenever the commission finds that the owner of property in any historic area has neglected to keep the property and premises in a clean, sanitary, and tidy condition or has failed to maintain any structure in a good state of repair and in a safe condition, the commission may give the owner written notice to correct the failures or violations within thirty (30) days after receipt of notice, and if the owner fails to comply, then the commission may bring appropriate enforcement actions as provided by subsection (b).

     (b) The commission, or any enforcement official of the consolidated city designated by the commission, may enforce this chapter, any ordinance adopted under it, and any covenants or conditions required or imposed by the commission by civil action in the circuit or superior court. Any legal, equitable, or special remedy may be invoked, including mandatory or prohibitory injunction or a civil fine. These enforcement actions (except those seeking a civil fine) may also be brought by any interested person or affected owner.

Terms Used In Indiana Code 36-7-11.1-12

  • Commission: refers to the historic preservation commission appointed under section 3 of this chapter. See Indiana Code 36-7-11.1-2
  • 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
  • Historic area: means an area, within the county, declared by resolution of the historic preservation commission to be of historic or architectural significance and designated as a "historic area" by the historic preservation plan. See Indiana Code 36-7-11.1-2
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Venue: The geographical location in which a case is tried.
     (c) Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8.

     (d) No costs may be taxed against the commission or any of its members in any action.

     (e) In actions brought under subsection (b), there may not be changes of venue from the county.

As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.16-1995, SEC.14.

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