IC 16-41-20
    Chapter 20. Health, Sanitation, and Safety: Dwellings Unfit forHuman Habitation

IC 16-41-20-1
Dwellings unfit for human habitation
    Sec. 1. A dwelling is unfit for human habitation when thedwelling is dangerous or detrimental to life or health because of anyof the following:
        (1) Want of repair.
        (2) Defects in the drainage, plumbing, lighting, ventilation, orconstruction.
        (3) Infection with contagious disease.
        (4) The existence on the premises of an unsanitary conditionthat is likely to cause sickness among occupants of thedwelling.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-2
Powers of local inspectors of buildings
    Sec. 2. The inspector of buildings in a city or town may exerciseall the powers granted the inspector in the following:
        (1) A city or town ordinance dealing with housing.
        (2) This chapter to boards of health.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-3
Exercise of powers by the state health department
    Sec. 3. The state department may not exercise a power granted inthis chapter without giving to the local board of health or countyhealth officer having jurisdiction a notice setting forth the conditionsthat have been certified to the state department or of which the statedepartment has knowledge. If the local board of health or countyhealth officer fails to act not more than three (3) days after thenotice, the state department may exercise the granted powers.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-4
Orders to vacate dwellings
    Sec. 4. Whenever the state department, the local board of health,or county health officer determines that a dwelling is unfit for humanhabitation, the state department, local board of health, or countyhealth officer may issue an order requiring all persons living in thedwelling to vacate the dwelling within not less than five (5) days andnot more than fifteen (15) days. The order must mention at least one(1) reason for the order.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-5
Extension or revocation of orders to vacate dwellings    Sec. 5. (a) The state department, local board of health, or countyhealth officer that issued an order to vacate under section 4 of thischapter shall, for a good reason, extend the time within which tocomply with the order.
    (b) The state department, local board of health, or county healthofficer may revoke the order if satisfied that the danger from thedwelling has ceased to exist and that the dwelling is fit for habitation.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-6
Public nuisances
    Sec. 6. The state department, local board of health, or countyhealth officer may declare a dwelling that is unfit for humanhabitation a public nuisance. The state department, local board ofhealth, or county health officer may order to be removed, abated,suspended, altered, improved, or purified a dwelling, structure,excavation, business, pursuit, or thing in or about the dwelling or thedwelling's lot, or the plumbing, sewerage, drainage, light, orventilation of the dwelling.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-7
Orders for cleaning, repairing, or improving
    Sec. 7. The state department, local board of health, or countyhealth officer may order purified, cleansed, disinfected, renewed,altered, repaired, or improved a dwelling, excavation, building,structure, sewer, plumbing, pipe, passage, premises, ground, or thingin or about a dwelling that is found to be unfit for human habitationor the dwelling's lot.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-8
Service of orders
    Sec. 8. An order issued under this chapter shall be served on thetenant and the owner of the dwelling or the owner's rental agent. Theorder may be served on a person who by contract has assumed theduty of doing the things that the order specifies to be done.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-9
Judicial review of orders
    Sec. 9. (a) A person aggrieved by an order of a local board ofhealth or county health officer issued under this chapter may, notmore than ten (10) days after the making of the order, file with thecircuit or superior court a petition seeking a review of the order.
    (b) The court shall hear the appeal. The court's decision is final.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-10
Appeal bonds    Sec. 10. The person appealing to the circuit or superior court shallfile with the court a bond in an amount to be fixed by the court withsureties to be approved by the judge and conditioned to pay all thecosts on the appeal if the person fails to sustain the appeal or theappeal is dismissed.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-11
Review proceedings
    Sec. 11. (a) Review proceedings shall be docketed as an actionbetween the appellant and the local board of health or county healthofficer and shall be tried as civil actions are tried.
    (b) The:
        (1) corporation counsel or the department of law in the city ortown; and
        (2) prosecuting attorney in cases arising outside of cities andtowns and in cities and towns that do not have a department oflaw or any other legal representative;
shall attend to all the proceedings on the part of the local board ofhealth or county health officer.
    (c) If no appeal is taken within the required ten (10) days, theorder of the local board of health or county health officer is final andconclusive.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-12
Costs and expenses
    Sec. 12. A person who:
        (1) violates this chapter; or
        (2) fails to comply with an order of:
            (A) the state department or the state department's authorizedagents;
            (B) a local board of health; or
            (C) a county health officer;
is liable for all costs and expenses paid or incurred by the statedepartment, a local board of health or the local board of health'sauthorized agents, or a local health officer in executing the order.This amount may be recovered in a civil action brought by the statedepartment, the local board of health or the local board of health'sauthorized agents, or the county health officer, who is entitled torecover reasonable attorney's fees.
As added by P.L.2-1993, SEC.24.

IC 16-41-20-13
Violations
    Sec. 13. (a) Except as otherwise provided, a person whorecklessly violates or fails to comply with this chapter commits aClass B misdemeanor.
    (b) Each day a violation continues constitutes a separate offense.
As added by P.L.2-1993, SEC.24.