§ 537-43 — Continuous vacancy; civil penalties

Sec. 537-43. - Continuous vacancy; civil penalties.

(a) An owner of a property that remains a vacant structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500.00) per vacant structure not to exceed five thousand dollars ($5,000.00) per structure per year, unless: (1) Documentation has been filed and approved by the division that indicates the owner's intent to eliminate the vacant structure status of the property; and (2) The owner is current on all property taxes and special assessments; and (3) At least one (1) of the following applies: a. The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order. b. The structure is: i. Maintained in compliance with IC 36-7-36; and ii. Actively being offered for sale, lease, or rent. c. The owner can demonstrate that the owner made a diligent and good faith effort to implement actions approved by the enforcement authority. The enforcement authority may develop policies which determine property eligibility more specifically, though within the confines of what is eligible under this section. (b) If the structure continues to remain a vacant structure beyond the initial ninety (90) days and the owner does not meet the exceptions set forth in subsection (a), the enforcement authority may continue to assess penalties each year on each structure in the following amounts: (1) One thousand dollars ($1,000.00) for the second ninety-calendar-day period each structure remains a vacant structure or an abandoned structure. (2) One thousand five hundred dollars ($1,500.00) for the third ninety-calendar-day period each structure remains a vacant structure or an abandoned structure. (3) Two thousand dollars ($2,000.00) for the fourth and each subsequent ninety-calendar-day period thereafter each structure remains a vacant structure or an abandoned structure. (c) If full payment of a civil penalty assessed under this article is not made less than thirty (30) days after notice of civil penalty assessment is sent, the division may certify to the county auditor the owners name, the description of the unsafe premises, as shown by the records of the county auditor, and the amount of the delinquent payment. The county auditor shall place the total amount certified on the tax duplicate for the affected property as a special assessment. The total amount, including accrued interest shall be collected as delinquent taxes are collected. An amount collected under this section, after all other taxes have been collected and disbursed, shall be disbursed to the unsafe building fund. A civil penalty issued under this article shall be assessed as a special assessment on the tax duplicate and collected in the same manner as costs under IC 36-7-9-13 or IC 36-7-9-13.5. The amount of the civil penalty or fine that is collected shall be deposited in the unsafe building fund.

(G.O. 38, 2025, § 1)