Indiana Code 36-7-36-1. “Abandoned structure”
(1) Commercial real property or a vacant structure on commercial real property that is used or was previously used for industrial or commercial purposes, and:
Terms Used In Indiana Code 36-7-36-1
- enforcement authority: has the meaning set forth in IC 36-7-9-2. See Indiana Code 36-7-36-2
- hearing authority: has the meaning set forth in IC 36-7-9-2. See Indiana Code 36-7-36-3
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- 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
- Lien: A claim against real or personal property in satisfaction of a debt.
- owner: means a person that holds a substantial interest in property in the form of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser. See Indiana Code 36-7-36-4
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- vacant structure: means a structure or building that is not being occupied by an owner, tenant, or others authorized by the owner. See Indiana Code 36-7-36-6
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(B) for which the owner of the property or structure has been given a written order by an enforcement authority to rehabilitate or demolish, and the owner:
(i) has not applied for a permit to rehabilitate or demolish the property or structure; or
(ii) applied for and was granted a permit, but rehabilitation or demolition work has not commenced on the property or structure within thirty (30) days after the date the permit was granted.
(2) Real property that has not been used for a legal purpose for at least six (6) consecutive months and:
(A) in the judgment of an enforcement authority, is in need of completion, rehabilitation, or repair, and completion, rehabilitation, or repair work has not taken place on the property for at least six (6) consecutive months;
(B) on which at least one (1) installment of property taxes is delinquent; or
(C) that has been declared a public nuisance by a hearing authority.
(3) Real property that has been declared in writing to be abandoned by the owner, including an estate or a trust that possesses the property.
(4) Vacant real property on which a municipal lien has remained unpaid for at least one (1) year.
(5) Real estate that a court has determined to be abandoned under IC 32-30-10.6.
As added by P.L.88-2009, SEC.15. Amended by P.L.102-2012, SEC.5.