Introduced Version






HOUSE BILL No. 1274

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-7-9.

Synopsis: Service of warrants for unsafe buildings. Allows an inspection warrant issued under the unsafe building law to be served by one of the following methods: (1) Registered or certified mail, return receipt requested to the residence or place of business or employment of the person served. (2) Personal service. (3) Leaving a copy of the warrant at the person's dwelling and mailing a copy to the person's last known address. (4) Mailing a copy by first class mail to the person's last known address. (Current law allows only personal service of inspection warrants.)

Effective: July 1, 2013.





Niemeyer




    January 14, 2013, read first time and referred to Committee on Judiciary.







Introduced

First Regular Session 118th General Assembly (2013)


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HOUSE BILL No. 1274



    A BILL FOR AN ACT to amend the Indiana Code concerning local government.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-7-9-16; (13)IN1274.1.1. -->     SECTION 1. IC 36-7-9-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 16. (a) If the owners or those in possession of a building refuse inspection, an inspection officer of the enforcement authority may obtain an inspection warrant from any court of record in the county in which the building is located in order to determine if the building is an unsafe building. The court shall issue the warrant subject to the following conditions:
        (1) The person seeking the warrant must establish that the building to be searched or inspected is to be searched or inspected as part of a legally authorized program of inspection that naturally includes the building, or that there is probable cause for believing that a condition, object, activity, or circumstance legally justifies a search or inspection of that building.
        (2) An affidavit establishing one (1) of the grounds described in subdivision (1) must be signed under oath or affirmation by the affiant.
        (3) The court must examine the affiant under oath or affirmation

to verify the accuracy of the affidavit.
    (b) The warrant is valid only if it:
        (1) is signed by the judge of the court and bears the date and hour of its issuance above that signature, with a notation that the warrant is valid for only forty-eight (48) hours after its issuance;
        (2) describes (either directly or by reference to the affidavit) the building where the search or inspection is to occur so that the executor of the warrant and owner or the possessor of the building can reasonably determine what property the warrant authorizes an inspection of;
        (3) indicates the conditions, objects, activities, or circumstances that the inspection is intended to check or reveal; and
        (4) is attached to the affidavit required to be made in order to obtain the warrant.
    (c) A warrant issued under this section is valid for only forty-eight (48) hours after its issuance, must be personally served upon the owner or possessor of the building in accordance with section 25 of this chapter, and must be returned within seventy-two (72) hours.

SOURCE: IC 36-7-9-25; (13)IN1274.1.2. -->     SECTION 2. IC 36-7-9-25, AS AMENDED BY P.L.194-2007, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 25. (a) This section applies to service of the following:
         (1) Notice of Orders.
         (2) Notice of continued hearings without a specified date.
         (3) Notice of a statement that public bids are to be let. and
         (4) Notice of claims for payment. must be given by:
         (5) Inspection warrants.
    (b) Service must be given by:

        (1) sending by registered or certified mail with return receipt requested, a copy of the order, or statement, by registered or certified mail or warrant to the residence or place of business or employment of the person to be notified with return receipt requested; served;
        (2) delivering a copy of the order, or statement, or warrant personally to the person to be notified; served;
        (3) leaving a copy of the order, or statement, or warrant at the dwelling or usual place of abode of the person to be notified served and sending by first class mail a copy of the order, or statement, or warrant to the last known address of the person to be notified; served; or
        (4) sending a copy of the order, or statement, or warrant by first class mail to the last known address of the person to be notified.

served.
If a notice described in service of a notice or warrant under subdivision (1) is returned undelivered, a copy of the order, or statement, or warrant must be given in accordance with subdivision (2), (3), or (4).
    (b) (c) If service is not obtained by a means described in subsection (a) and the hearing authority concludes that a reasonable effort has been made to obtain service, service may be made by publishing a notice of the order, or statement, or warrant in accordance with IC 5-3-1 in the county where the unsafe premises are located. However, publication may be made on consecutive days. If service of an order is made by publication, the publication must include the information required by subdivisions (1), (2), (4), (5), (6), (7), and (9) of section 5(b) of this chapter, and must also include a statement indicating generally what action is required by the order and that the exact terms of the order may be obtained from the enforcement authority. The hearing authority may make a determination about whether a reasonable effort has been made to obtain service by the means described in subsection (a) on the basis of information provided by the department (or, in the case of a consolidated city, the enforcement authority). The hearing authority is not required to make the determination at a hearing. The hearing authority must make the determination in writing.
    (c) (d) When service is made by any of the means described in this section, except by mailing or by publication, the person making service must make an affidavit stating that the person has made the service, the manner in which service was made, to whom the order, or statement, or warrant was issued, the nature of the order, or statement, or warrant, and the date of service. The affidavit must be placed on file with the enforcement authority.
    (d) (e) The date when notice of the order, or statement, or service of the warrant is considered given is as follows:
        (1) If the order, or statement, or warrant is delivered personally or left at the dwelling or usual place of abode, notice service is considered given on the day when the order, or statement, or warrant is delivered to the person or left at the person's dwelling or usual place of abode.
        (2) If the order, or statement, or warrant is mailed, notice service is considered given on the date shown on the return receipt, or, if no date is shown, on the date when the return receipt is received by the enforcement authority.
        (3) Notice Service by publication is considered given on the date

of the second day that publication was made.
    (e) (f) A person with a property interest in an unsafe premises who does not:
        (1) record an instrument reflecting the interest in the recorder's office of the county where the unsafe premises is located; or
        (2) if an instrument reflecting the interest is not recorded, provide to the department (or, in the case of a consolidated city, the enforcement authority) in writing the person's name and address and the location of the unsafe premises;
is considered to consent to reasonable action taken under this chapter for which notice would be required and relinquish a claim to notice under this chapter.
    (f) (g) The department (or, in the case of a consolidated city, the enforcement authority) may, for the sake of administrative convenience, publish notice make service by publication under subsection (b) (c) at the same time notice service is attempted under subsection (a). If published notice service by publication is given as described in subsection (b), (c), the hearing authority shall subsequently make a determination about whether a reasonable effort has been made to obtain service by the means described in subsection (a).