Cal. Civ. Code § 36-7-9-12
Liability for cost of emergency action taken or performance of work required by orders
Operative Text
Sec. 12. (a) When action required by an order is performed by the enforcement authority or by a contractor acting under section 9 or 11 of this chapter, each person who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises from the time when the order requiring the work performed was issued to the time that the work was completed, or, if emergency action was taken under section 9 of this chapter, during the time of such emergency action, is jointly and severally responsible for the following costs: (1) The: (A) actual cost of the emergency action taken, as affirmed by the hearing authority; or (B) actual cost of the work performed by the enforcement authority or the bid price of work accomplished by the contractor under section 11 of this chapter. (2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the enforcement authority in taking the technical, administrative, and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor under section 9 or 11 of this chapter. In calculating the amount of the average processing expense, the following costs may be considered: (A) The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises. (B) The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may be held on the amounts indicated in the record, in accordance with section 25 of this chapter. (C) Salaries for employees. (D) The cost of supplies, equipment, and office space. (b) The board or commission having control over the department shall determine the amount of the average processing expense at the public hearing, after notice has been given in the same manner as is required for other official action of the board or commission. In determining the average processing expense, the board or commission may fix the amount at a full dollar amount that is an even multiple of ten (10). As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.11; P.L.68-2010, SEC.4; P.L.247-2015, SEC.46.
Indiana Code § 36-7-9-12 establishes that when a local enforcement authority or its contractor steps in to perform work required by an unsafe-premises order — or takes emergency action — the costs of that work do not simply disappear. Every person who held a fee interest, life estate, or equitable interest as a contract purchaser in the property during the relevant period is jointly and severally liable for both the actual cost of the work and a separately calculated average processing expense covering the administrative, technical, and legal overhead the enforcement authority typically incurs. The governing board or commission sets the processing-expense amount at a public hearing, and it must be a whole-dollar figure that is an even multiple of ten.
Plain English — not legal advice.
Under Ind. Code § 36-7-9-12, property owners and others with qualifying interests in unsafe premises can be held jointly and severally liable for remediation costs if the enforcement authority or a contractor performs the required work in their place. Compliant operators generally respond promptly to unsafe-premises orders so that the authority never needs to step in, because once the authority acts, liability attaches to everyone who held a covered interest from the time the order was issued through completion of the work. Keeping records of ownership interests, monitoring any outstanding orders, and coordinating with the enforcement authority before emergency action is taken are practices associated with avoiding cost-recovery exposure under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-7-9-12 is primarily directed at property interest holders rather than tenants, but tenants living in premises subject to an unsafe-premises order may find this provision relevant context when understanding why remediation work is being performed and who bears its cost. If a landlord's failure to comply with an order results in the enforcement authority stepping in, tenants can document conditions and any notices they receive, which may be useful information when consulting a tenant-rights organization or local housing agency. Tenants who believe unsafe conditions have not been addressed may also inquire with the local enforcement authority about the status of any outstanding orders issued under this chapter.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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