IC 36-7-36
    Chapter 36. Abatement of Vacant Structures and AbandonedStructures

IC 36-7-36-1
"Abandoned structure"
    Sec. 1. As used in this chapter, "abandoned structure" means anyof the following:
        (1) Commercial real property or a vacant structure oncommercial real property that is used or was previously used forindustrial or commercial purposes, and:
            (A) that the owner of the property or structure has declaredin writing to be abandoned; or
            (B) for which the owner of the property or structure has beengiven a written order by an enforcement authority torehabilitate or demolish, and the owner:
                (i) has not applied for a permit to rehabilitate or demolishthe property or structure; or
                (ii) applied for and was granted a permit, but rehabilitationor demolition work has not commenced on the property orstructure within thirty (30) days after the date the permitwas granted.
        (2) Real property that has not been used for a legal purpose forat least six (6) consecutive months and:
            (A) in the judgment of an enforcement authority, is in needof completion, rehabilitation, or repair, and completion,rehabilitation, or repair work has not taken place on theproperty for at least six (6) consecutive months;
            (B) on which at least one (1) installment of property taxes isdelinquent; or
            (C) that has been declared a public nuisance by a hearingauthority.
        (3) Real property that has been declared in writing to beabandoned by the owner, including an estate or a trust thatpossesses the property.
        (4) Vacant real property on which a municipal lien hasremained unpaid for at least one (1) year.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-2
"Enforcement authority"
    Sec. 2. As used in this chapter, "enforcement authority" has themeaning set forth in IC 36-7-9-2.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-3
"Hearing authority"
    Sec. 3. As used in this chapter, "hearing authority" has themeaning set forth in IC 36-7-9-2.
As added by P.L.88-2009, SEC.15.
IC 36-7-36-4
"Owner"
    Sec. 4. As used in this chapter, "owner" means a person that holdsa substantial interest in property in the form of a known or recordedfee interest, life estate, or equitable interest as a contract purchaser.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-5
"Vacant real property"
    Sec. 5. As used in this chapter, "vacant real property" means realproperty that is not being occupied by an owner, tenant, or othersauthorized by the owner.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-6
"Vacant structure"
    Sec. 6. As used in this chapter, "vacant structure" means astructure or building that is not being occupied by an owner, tenant,or others authorized by the owner.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-7
Adoption of this chapter; rules and procedures
    Sec. 7. The legislative body of a municipality or county:
        (1) may adopt this chapter by ordinance; and
        (2) if the legislative body adopts this chapter by ordinance, shalladopt rules and procedures for its enforcement.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-8
Administration and enforcement of this chapter by enforcementauthority; court costs and attorney's fees
    Sec. 8. (a) An enforcement authority may administer and enforcethis chapter in conjunction with any enforcement or civil actionunder IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-1-6, or IC 36-7-9.
    (b) Under all enforcement and civil actions designated undersubsection (a), the enforcement authority is entitled to recover courtcosts and attorney's fees.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-9
Notice and order by enforcement authority to owner of vacant orabandoned structure; ordered action
    Sec. 9. If an enforcement authority determines that a vacantstructure or an abandoned structure exists, an abatement notice andorder may be sent to the owner that directs the owner to:
        (1) abate the vacant structure or abandoned structure bycleaning and securing or boarding up the vacant structure orabandoned structure and the premises upon which it is located;and        (2) erect fences, barriers, berms, or other suitable means todiscourage:
            (A) access to the vacant structure or abandoned structure;and
            (B) illegal dumping or littering on the premises upon whichthe vacant structure or abandoned structure exists.
As added by P.L.88-2009, SEC.15.

IC 36-7-36-10
Civil penalties on owners of structures left vacant or abandoned forspecified periods; exceptions; limit on penalty amount
    Sec. 10. (a) An owner of a property that remains a vacant structureor an abandoned structure for at least ninety (90) consecutivecalendar days may be liable for a civil penalty in the amount of fivehundred dollars ($500) per vacant structure or abandoned structure,not to exceed five thousand dollars ($5,000) per structure per year,unless:
        (1) documentation has been filed and approved by theenforcement authority that indicates the owner's intent toeliminate the vacant structure or abandoned structure status ofthe property;
        (2) the owner is current on all property taxes and specialassessments; and
        (3) at least one (1) of the following applies:
            (A) The structure is the subject of a valid building permit forrepair or rehabilitation and the owner is proceedingdiligently and in good faith to complete the repair orrehabilitation of the structure as defined in the enforcementorder.
            (B) The structure is:
                (i) maintained in compliance with this chapter; and
                (ii) actively being offered for sale, lease, or rent.
            (C) The owner can demonstrate that the owner made adiligent and good faith effort to implement actions approvedby the enforcement authority.
    (b) If the structure continues to remain a vacant structure beyondthe initial ninety (90) days described in subsection (a) and the ownerdoes not meet any of the exceptions set forth in this section, theenforcement authority may continue to assess penalties each year oneach structure in the following amounts:
        (1) One thousand dollars ($1,000) for the second ninety (90)calendar day period each structure remains a vacant structure oran abandoned structure.
        (2) One thousand five hundred dollars ($1,500) for the thirdninety (90) calendar day period each structure remains a vacantstructure or an abandoned structure.
        (3) Two thousand dollars ($2,000) for the fourth and eachsubsequent ninety (90) calendar day period thereafter eachstructure remains a vacant structure or an abandoned structure.
A civil penalty under this subsection may not exceed five thousand

dollars ($5,000) per structure per year.
As added by P.L.88-2009, SEC.15.