Public-domain · open source
OpenJurist

Ind. Code § 36-7-9-4

Unsafe buildings and unsafe premises described

Applied in 4 court decisions — leading case 409 Land Trust v. City of South Bend (1999)

Most recently applied in City of Charlestown, Indiana v. Charlestown Pleasant Ridge Neighborhood Association Corporation, Joshua Craven, Tina Barnes, David and Ellen Keith, and Bolder Properties, LLC (September 2018)

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

How often courts cite this section

199920002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 4. (a) For purposes of this chapter, a building or structure, or any part of a building or structure, that is:

(1) in an impaired structural condition that makes it unsafe to a person or property;

(2) a fire hazard;

(3) a hazard to the public health;

(4) a public nuisance;

(5) dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or

(6) vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;

is considered an unsafe building.

(b) For purposes of this chapter, the following are considered unsafe premises:

(1) An unsafe building and the tract of real property on which the unsafe building is located.

(2) A tract of real property, not including land used for production agriculture, that does not contain a building or structure or contains a building or structure that is not considered an unsafe building, if the tract of real property is:

(A) a fire hazard;

(B) a hazard to public health;

(C) a public nuisance; or

(D) dangerous to a person or property because of a violation of a statute or an ordinance.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.