Action to Abate Nuisance; Notice; Requirements

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Sec. 5. (a) A person initiating an action under this chapter to abate a nuisance existing on a property shall, at least forty-five (45) days before filing the action, provide notice to:

(1) each tenant of the property; and

(2) the owner of record;

that a nuisance exists on the property.

(b) The notice required under this section must specify the following:

(1) The date and time the nuisance was first discovered.

(2) The location on the property where the nuisance is allegedly occurring.

(c) The notice must be:

(1) hand delivered; or

(2) sent by certified mail;

to each tenant and the owner of record.

(d) A person initiating an action to abate a nuisance under this chapter shall:

(1) when notice is provided under this section, produce all evidence in the person's possession or control of the existence of the nuisance; and

(2) if requested by the owner, assist the owner in the production of witness and physical evidence.

[Pre-2002 Recodification Citation: 34-19-3-5.]

As added by P.L.2-2002, SEC.15.


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