Cal. Civ. Code § 36-7-9-9
Emergency action; recovery of costs; challenge of determination of emergency
Operative Text
Sec. 9. (a) If the enforcement authority finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety, or property, it may take that action without issuing an order or giving notice. However, this emergency action must be limited to removing any immediate danger. (b) The department, acting through the enforcement authority, may recover the costs incurred by the enforcement authority in taking emergency action, by filing a civil action in the circuit court or superior court of the county against the persons who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises at the time the enforcement authority found it necessary to take emergency action. The department is not liable for the costs of this civil action. (c) If an unsafe premises poses an immediate danger to the life or safety of persons occupying or using nearby property, the enforcement authority may, without following this chapter's requirements for issuing an order and giving notice, take emergency action to require persons to vacate and not use the nearby property until the danger has passed. However, any person required to vacate an unsafe premises under this subsection may challenge in an emergency court proceeding the enforcement authority's determination that the premises poses an immediate danger to the life or safety of any person. In an emergency court proceeding, the enforcement authority has the burden of proving that emergency action is necessary to protect from immediate danger the life or safety of persons occupying or using nearby property. (d) Instead of filing a civil action to recover the costs incurred by the enforcement authority in taking emergency action, the enforcement authority may set a hearing for the hearing authority to review the necessity of the emergency action and the amount of the costs of the emergency action. Notice of the hearing must be provided to each person with a known or recorded substantial property interest in the unsafe premises. If the emergency action or the costs of the emergency action are determined by the hearing authority to have been an abuse of discretion or otherwise unlawful, the hearing authority may reduce or deny the costs of the emergency action as warranted under the circumstances; otherwise, the hearing authority shall affirm the costs of the emergency action. The amount of the costs affirmed by the hearing authority may then be collected as provided in sections 12 through 13.5 of this chapter. As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.8; P.L.247-2015, SEC.45.
Indiana Code § 36-7-9-9 authorizes local enforcement authorities to take immediate action on unsafe premises without advance notice or a formal order when there is an urgent threat to life, safety, or property, but only to the extent necessary to remove that immediate danger. The government may then seek reimbursement for the costs of that emergency action either through a civil lawsuit against those who held a property interest at the time, or through an administrative hearing process. Persons ordered to vacate nearby property under this provision retain the right to challenge the emergency determination in court, where the enforcement authority bears the burden of proving the danger was real and immediate.
Plain English — not legal advice.
Under Ind. Code § 36-7-9-9, property owners and those holding fee, life estate, or equitable contract-purchaser interests in a property can be held financially responsible for the costs an enforcement authority incurs when it takes emergency action on unsafe premises. Compliant operators generally maintain properties in a condition that avoids triggering emergency intervention in the first place, and they keep records of their property interests and any communications with local enforcement agencies. When a hearing is set under subsection (d), notice is provided to persons with known or recorded substantial property interests, giving those parties an opportunity to contest both the necessity of the action and the amount of costs claimed.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-7-9-9(c) provides an important protection for occupants and nearby property users who are ordered to vacate under an emergency determination: they have the right to challenge that determination in an emergency court proceeding. In such a proceeding, the enforcement authority—not the displaced person—carries the burden of proving that the emergency action is necessary to protect life or safety. Tenants or occupants who believe an emergency evacuation order was issued improperly may wish to consult a tenant-rights organization or legal aid provider to understand how to initiate or participate in such a court challenge.
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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