ABATEMENT

Indianapolis-Marion County Revised Code tit. II, ch. 391, art. II

in effect

Indianapolis-Marion County Revised Code § 391-201 General jurisdiction to abate nuisances.

Sec. 391-201. - General jurisdiction to abate nuisances. Any public nuisance in the city may be summarily abated and removed by order of the mayor, after a hearing accorded the offender, who shall have exclusive jurisdiction in all complaints of anyone concerning nuisances, except where jurisdiction thereof is conferred upon the board of public works, the fire department or other public officials for such removal and abatement of those things which are declared either by this Code or other ordinances or by the common law or statutory law to be public nuisances, or which constitute from their nature and effects such nuisances per se. In such cases, the mayor or other such officials may proceed in a summary manner to abate such nuisances and may compel compliance with his orders through any and every officer of the city or other public officials, designated for the purpose by the mayor, any of whom, upon his direction, shall proceed forthwith to abate all such nuisances. Where any legal proceedings become necessary to effect such abatement or to enjoin such summary abatement, the mayor or other officials concerned shall refer such matter to the office of corporation counsel. (Code 1975, § 19-35; G.O. 15, 2001, § 14)

Indianapolis-Marion County Revised Code § 391-202 Abatement of nuisances by board of public works.

Sec. 391-202. - Abatement of nuisances by board of public works. In all cases where any public nuisance may be found or caused near to or upon any public way or place or public property, it shall be the duty of the board of public works to serve written notice upon the owner or occupant of the premises or other person causing the nuisance, requiring such person to abate the nuisance within a reasonable time, and if the owner or occupant of the premises or other person causing the nuisance cannot be found, the notice shall be posted upon the premises. It shall not be necessary for the board to designate in the notice the manner in which the nuisance shall be abated, unless the board shall deem it advisable to do so. If the owner or occupant of the premises or other person causing the nuisance shall refuse or neglect to abate such nuisance within the designated time after notice is given, the person so violating this section, upon conviction, shall be punished as provided in section 103-3. In addition, the board of public works may cause the nuisance to be abated either summarily or in any manner authorized by law, including the institution in the name of the city, against the owner or occupant of the premises or other person, of an action to recover the amount of expense of the abatement. (Code 1975, § 19-36; G.O. 15, 2001, § 14)

Indianapolis-Marion County Revised Code § 391-203 Abatement by the division of construction and business services; fire department and Indianapolis Metropolitan Police Department; health and hospital corporation.

Sec. 391-203. - Abatement by the division of construction and business services; fire department and Indianapolis Metropolitan Police Department; health and hospital corporation. (a) The division of construction and business services of the department of business and neighborhood services, acting in cooperation with the chiefs of the fire department and Indianapolis metropolitan police department and the officers of the health and hospital corporation, is charged with the duty of inspecting any building constituting a nuisance under this chapter and the division, or any of such officials, shall aid in abating any such nuisance and in enforcing the law in all matters within their respective jurisdiction and duties. (b) Whenever the division of construction and business services has information from any source, including any of the officials named in subsection (a), that any building is alleged to be a nuisance within the provisions of this chapter, it shall cause an examination thereof to be made. If, in its opinion after such examination, the building constitutes a nuisance within the provisions of this chapter, it shall serve written notice upon the owner of the building or the person in possession, charge or control thereof, directing him or her to abate the nuisance, if it is abatable, and specifying the defects or things to be corrected to place the building in a safe condition, and to eliminate any condition producing such nuisance. If conditions are such that the defects or things cannot be corrected, eliminated or abated, the owner shall be ordered and required to demolish the building as provided by any applicable statute or by this Code. The notice shall provide and name a reasonable time within which the nuisance shall be abated or the building demolished. (c) Upon the failure of the person notified to obey the notice given pursuant to subsection (b), the division of construction and business services, after the expiration of the time specified in the notice, shall cause a summons to be issued to the person requiring him or her to appear and show cause before the mayor, at a time and place named in the notice, why the nuisance should not be ordered to be summarily abated or, in event the alleged nuisance cannot be abated, why the building should not be demolished. If, upon a hearing of the case, to be conducted under the procedure for the revocation of licenses, the mayor determines that the building cannot be repaired or put in a safe condition, he or she shall render a decision and order that the building be demolished by the defendant within a time specified and, upon failure of the defendant to demolish it, the demolition shall be done by the city, or by a contractor in its behalf, at the expense of the defendant as provided by the statute thereon. In the event the mayor, upon such hearing, shall find that the building constitutes a nuisance, but that the nuisance can be abated by doing certain things to the building, such as repairs, changes, alterations or renovation, the mayor shall provide in his or her order how and in what manner the nuisance may be abated, and shall designate the time within which such acts must be begun and completed. In such case, the order shall further provide that if the defendant fails to begin compliance with such order within the time specified, notices shall be placed at all the entrances of the building, stating in substance that the premises therein have been condemned and declared to be a nuisance and unsafe and shall not be further used by any person. All the entrances to the premises upon the sidewalk, street or alley shall be blocked off by barriers or guardrails and may be securely locked. In the event of an appeal to a court being taken from the mayor's order, pending such appeal or other legal action, the division of construction and business services shall cause to be erected on the street or sidewalk adjacent to the entrances of the building signs stating that the building has been declared to be dangerous and unsafe and a public nuisance. Such signs shall not be removed or defaced by any person and shall remain until such appeal or other legal action is finally decided. (Code 1975, § 19-37; G.O. 3, 2002, § 4; G.O. 110, 2005, § 27; G.O. 47, 2009, § 27; G.O. 63, 2009, § 15; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 391-204 Abatement of unsafe motor vehicles as nuisance by metropolitan law enforcement agency.

Sec. 391-204. - Abatement of unsafe motor vehicles as nuisance by metropolitan law enforcement agency. (a) Any nuisance under this chapter created by the use of unsafe motor vehicles on the streets shall be abated by the Indianapolis metropolitan police department and the members thereof. (b) Where it is shown that any owner of a motor vehicle drives or permits another to drive the motor vehicle upon the streets, the driving of which, by reason of its age, condition or any defect therein, is dangerous or likely to cause injury to persons or damage to property, the chief of the Indianapolis metropolitan police department shall cause notice to be given to the owner or other person to remove the vehicle from the streets or to repair it, if the vehicle can be made safe by repair. In the event such person refuses to obey the notice, a summons shall be issued requiring him to appear before the mayor to show cause why the vehicle should not be declared a nuisance and abated. If, on the hearing, the mayor finds from the evidence that the vehicle is a nuisance within the meaning of this chapter, he shall enter an order so declaring and stating the terms of the abatement and the conditions upon which the vehicle may be driven upon the streets, if it can be and is repaired. Failure to remove from the streets or to repair such vehicle after the mayor so orders shall constitute a violation of this chapter. (Code 1975, § 19-38; G.O. 110, 2005, § 27; G.O. 47, 2009, § 27)

Indianapolis-Marion County Revised Code § 391-205 Manner of service of notice.

Sec. 391-205. - Manner of service of notice. Any requirement for service of notice to abate any nuisance referred to in this article may be complied with by mailing the notice by registered letter to the last known address of the person sought to be notified, or by personal service of such notice by any police officer so directed. (Code 1975, § 19-39)

Indianapolis-Marion County Revised Code § 391-206 Collection of cost of abatement.

Sec. 391-206. - Collection of cost of abatement. Where any person who is ordered to do any work or other thing for the purpose of abating a nuisance has failed or refused to do the work or other thing, and the same has been done by or for the city, the cost thereof may be collected by a special assessment against the person and his property, or by any other appropriate action. Each such order of assessment shall be prepared by the department or official charged with the duty of abating the nuisance, shall be signed by the head of the department and shall be delivered to the assessment division for entry of record and collection in the same manner that improvement assessments and liens are collected, and any actions required thereon shall be filed by the division of law. (Code 1975, § 19-40; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 391-207 Abatement of vehicles constituting a public nuisance.

Sec. 391-207. - Abatement of vehicles constituting a public nuisance. (a) When a motor vehicle is impounded and removed to a place of safekeeping pursuant to an arrest for an offense described in section 391-102(c), the office of the corporation counsel or its designee may file with a court of competent jurisdiction an action to abate the nuisance by requesting the vehicle's sale at public auction. The corporation counsel or its designee shall not bring such an action unless it be shown that the person creating the nuisance has a prior conviction for an offense as described in section 391-102(c). If the corporation counsel or its designee elects to bring an action under this section, such an action must be filed within two (2) days of the vehicle's impoundment excepting weekends and legal holidays. The court shall not grant this remedy unless it be proved that the owner of record with the bureau of motor vehicles knew or had reason to know that the vehicle was being used in such a way as to constitute a nuisance as described in section 391-102(c). The complaint shall be filed in the name of the city and shall be served on each person whose right, title or interest is of record with the bureau of motor vehicles. (b) The office of the corporation counsel or its designee shall receive two hundred dollars ($200.00) and any law enforcement agency assisting in such an action shall receive three hundred thirty dollars ($330.00) as reimbursement for their expenses in bringing an action under section 391-102. Such expenses and fees shall be satisfied from the sale of the vehicle after the costs of the sale and any valid liens or encumbrances are satisfied as the court may determine. These funds shall be considered miscellaneous revenue to the corporation counsel or its designee or any other law enforcement agency. The remaining balance after the sale of the vehicle shall be disbursed to the owner or owners of record prior to the sale. (c) If the court finds in favor of the city and orders a vehicle sold at public auction, and a person holding a valid lien or security interest of record shall appear, the court shall determine whether the secured interest is equal to or in excess of the appraised value of the vehicle. Appraised value is to be determined as of the date of judgment on a wholesale basis by agreement between the secured party and the city or by the inheritance tax appraiser for Marion County. If the amount due the secured party is equal to or greater than the appraised value of the vehicle, the court shall order the vehicle released to the secured party. If the amount due the secured party is less than the appraised value, the secured party may pay into court an amount equal to the owner's equity. The owner's equity is the difference between the appraised value and the security interest. Upon payment into court of the owner's equity, the court shall order the vehicle released to the secured party and distribute the amount paid into court as provided in subsection (b). If the secured party declines to pay the owner's equity into court, the vehicle shall be sold at auction and the proceeds distributed as provided by subsection (b). (Code 1975, § 19-41)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIPUORSA_CH391NU_ARTIIABFetched: 10/27/2026