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IN SB0487
Bill
Status
1/14/2019
Primary Sponsor
Michael Young
Click for details
AI Summary
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Courts must now require "probable cause" rather than just "reliable information" before issuing orders allowing health officers to inspect, investigate, or test property for public health violations
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Abatement orders must include the complainant's name, and health officers must report to prosecutors the name, address, and phone number of anyone who files a false complaint
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Personal property left on premises 10+ days after eviction is considered abandoned, and landlords may dispose of it without liability; former tenants reentering after this period are considered trespassing
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Landlords cannot be held responsible for health code violations committed by tenants
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Maximum fines for ordinance violations reduced from $2,500 to $250 for first offenses and from $7,500 to $750 for subsequent offenses
Legislative Description
Property matters. Requires a local health officer to have information establishing probable cause of a public health law or rule violation before a court may issue certain orders concerning the property (current law requires reliable information). Requires a health officer's order of abatement to include the name of the person making the complaint and requires the health officer to report certain information concerning a person who provided false information. Requires the health and hospital corporation of Marion County (corporation) to post notice of an ordinance pending final action on the county's Internet web site. Requires a health officer to provide information concerning a person who made a false report concerning a communicable disease to the person against whom a false report was made. States that a dwelling is unfit for human habitation when the dwelling places a person's health or life in danger (current law states that the dwelling is dangerous or detrimental to life or health). Requires a health officer to provide notice concerning a violation of health, sanitation, and safety and provide a reasonable amount of time to comply with the notice. Specifies language to be included in a notice to quit concerning personal property left on the property after eviction and the time frame in which a landlord can consider the personal property to have been abandoned and the former tenant trespassing if the former tenant reenters the premises. Specifies that a landlord is not responsible for a health code violation by a tenant. Reduces the fines for certain ordinance violations from: (1) $2,500 to $250; and (2) $7,500 to $750.
Last Action
First reading: referred to Committee on Health and Provider Services
1/14/2019