Sec. 27. (a) A person who has been issued and has received notice of an order relative to unsafe premises and has not complied with that order:

(1) must supply full information regarding the order to a person who takes or agrees to take a substantial property interest in the unsafe premises before transferring or agreeing to transfer that interest; and

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Terms Used In Indiana Code 36-7-9-27

  • 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
  • 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
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
  • Substantial property interest: means any right in personal property or 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) must, within five (5) days after transferring or agreeing to transfer a substantial property interest in the unsafe premises, supply the enforcement authority with written copies of:

(A) the full name, address, and telephone number of the person taking a substantial property interest in the unsafe premises; and

(B) the legal instrument under which the transfer or agreement to transfer the substantial property interest is accomplished.

     (b) If a judgment is obtained against the department, enforcement authority, or other governmental entity for the failure of that entity to provide notice to persons holding an interest in unsafe premises in an action taken by the entity under this chapter, a person who failed to comply with this section is liable to the entity for the amount of the judgment if it can be shown that the entity’s failure to give notice was a result of that person’s failure.

[Pre-Local Government Recodification Citation: 18-5-5.5-11.]

As added by Acts 1981, P.L.309, SEC.28.