Section 14-25.5-2-7 - Notice of violation; high hazard structures(a) Subsection (b) applies if a person was issued a notice of violation under IC 14-27-7.5-11 for a structure that is classified by the department as a high hazard structure under the hazard classification system in IC 14-27-7.5-8(b)(1) and:(1) the person: (A) has exhausted all available administrative remedies relating to the violation; and(B) did not initiate judicial review of the department's enforcement action under IC 4-21.5-5 within the period allowed by IC 4-21.5-5-5;(2) the person has initiated judicial review of the department's enforcement action under IC 4-21.5-5 but the court did not set aside the enforcement action; or(3) the person has entered into a settlement agreement with the department concerning the violation.(b) The division may file an affidavit for recording in the county recorder's office of the county in which the property on which the violation or deficiency referred to in the notice of violation exists. When filing an affidavit for recording under this section, the division shall pay to the county recorder the fee charged for the recording of a document in the deed records of the county.(c) An affidavit filed under this section must:(1) include a sworn statement that a violation or deficiency exists on the property that is the subject of the notice of violation;(2) be recorded by the county recorder in the deed records of the county in accordance with IC 36-2-7-10 and IC 36-2-11-16.5;(3) be designed and worded so as to provide notice to the public, including any contractor or other person that intends to perform construction work on the property on which the violation or deficiency referred to in the notice of violation exists; and(4) include: (A) the full legal description of the property; and(B) the most current name of the owner of the property as shown in the records of the auditor of the county where the property is located.(d) When the violation or deficiency referred to in the notice of violation is resolved, the department shall file a release of the affidavit with the county recorder to remove the affidavit from the deed records of the county. The release filed under this subsection must: (1) include a reference to the affidavit; and(2) meet the recording requirements specified in IC 36-2-11-15 through IC 36-2-11-16.5. The department shall pay to the county recorder the fee charged for recording the release.
(e) The presence of an affidavit recorded under this section in the deed records of the county in which the property referred to in the affidavit is located does not: (1) constitute a judgment lien against the property;(2) invalidate the conveyance, purchase, lease, or acquisition of the property; or(3) deprive the holder of title to the property of marketable record title (as defined in IC 32-20-2-2) for the purposes of IC 32-20.Added by P.L. 191-2023,SEC. 5, eff. 7/1/2023.