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;

Terms Used In Indiana Code 36-7-9-21

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: refers to the executive department authorized by ordinance to administer this chapter. See Indiana Code 36-7-9-2
  • Enforcement authority: refers to the chief administrative officer of the department, except in a consolidated city. See Indiana Code 36-7-9-2
  • 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
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Substantial property interest: means any right in real property that may be affected in a substantial way by actions authorized by this chapter, including a fee interest, a life estate interest, a future interest, a mortgage interest, or an equitable interest of a contract purchaser. See Indiana Code 36-7-9-2
(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.

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