Sec. 21. (a) A court acting under section 17 of this chapter may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law, if it is shown that:

(1) an order was issued to each person having a substantial property interest in the unsafe premises;

(2) each of the orders has been affirmed or modified at a hearing in such a manner that all persons having substantial property interest in the unsafe premises that are the subject of the orders are currently subject to an order requiring substantially identical action;

(3) the order, as affirmed or modified at the hearing, has not been complied with;

(4) the building that is the subject of the order is an unsafe building; and

(5) the order is not being reviewed under section 8 of this chapter.

(b) If the enforcement authority requests permission to cause the action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants.

(c) The cost of the work and the processing expenses incurred by the enforcement authority computed under section 12 of this chapter, may, after a hearing, be entered by the court as a judgment against persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises.

[Pre-Local Government Recodification Citations: 18-5-5.5-14; 18-5-5.5-19 part.]

As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.13.