(A) The building department, acting through its enforcement authority, a person designated by the enforcement authority, or a community organization may bring a civil action regarding unsafe premises in any circuit, superior, or municipal court in Lake County, however, the building department is not liable for the costs of any such an action. In such an action, the court may grant one or more of the types of relief authorized by IC 36-7-9-18 through IC 36-7-9-22.
(B) A civil action may not be initiated under this section before the final date of an order or an extension of an order under § 153.05(D) requiring:
(1) The completion; or
(2) A substantial beginning toward accomplishing the completion of the required remedial action.
(C) A community organization may not initiate a civil action under this section if:
(1) The enforcement authority or their designee has filed a civil action under this section regarding the unsafe premises; or
(2) The enforcement authority has issued a final order that the required remedial action has been satisfactorily completed.
(D) A community organization may not initiate a civil action under this section if the real property that is the subject of the civil action is located outside the specific geographic boundaries of the area defined in the bylaws or articles of incorporation of the community organization.
(E) At least 60 days before commencing a civil action under this section, a community organization must issue a notice by certified mail, return receipt requested, that specifies:
(1) The nature of the alleged nuisance;
(2) The date the nuisance was first discovered;
(3) The location on the property where the nuisance is allegedly occurring;
(4) The intent of the community organization to bring a civil action under this section and the relief sought in the action; and is provided to:
(a) The owner of record of the premises;
(b) Tenants located on the premises;
(c) The enforcement authority; and
(d) Any person that possesses an interest of record.
(F) In any action filed by a community organization under this section, a court may award reasonable attorney's fees, court costs, and other reasonable expenses of litigation to the prevailing party, pursuant to Indiana law.
('80 Code, § 15.16.180) (Ord. 1982-28, passed 12-28-82; Am. Ord. 2005-06, passed 3-28-05)
Statutory reference:
Civil actions regarding unsafe premises, see IC 36-7-9-17