Cal. Civ. Code § 36-7-9-21
Court order authorizing performance of work; judgment for costs
Operative Text
Sec. 21. (a) A court acting under section 17 of this chapter may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law, if it is shown that: (1) an order was issued to each person having a substantial property interest in the unsafe premises; (2) each of the orders has been affirmed or modified at a hearing in such a manner that all persons having substantial property interest in the unsafe premises that are the subject of the orders are currently subject to an order requiring substantially identical action; (3) the order, as affirmed or modified at the hearing, has not been complied with; (4) the building that is the subject of the order is an unsafe building; and (5) the order is not being reviewed under section 8 of this chapter. (b) If the enforcement authority requests permission to cause the action required by the order to be performed by a contractor, all persons having a substantial property interest in the unsafe premises shall be made party defendants. (c) The cost of the work and the processing expenses incurred by the enforcement authority computed under section 12 of this chapter, may, after a hearing, be entered by the court as a judgment against persons having a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises. As added by Acts 1981, P.L.309, SEC.28. Amended by P.L.59-1986, SEC.13.
Under Ind. Code § 36-7-9-21, when a property has been declared unsafe and its owners have failed to comply with a remediation order, a court may authorize the local enforcement authority to hire a licensed contractor to carry out the required work on the owners' behalf. Before this can happen, the court must confirm that proper orders were issued, that those orders were upheld or adjusted at a hearing, that compliance has not occurred, and that no ongoing judicial review is blocking the order. Once the work is completed, the court may enter a judgment against those holding a fee interest, life estate, or equitable contract-purchaser interest in the property for the cost of the work plus the enforcement authority's processing expenses.
Plain English — not legal advice.
Property owners and managers subject to an unsafe-building order under Ind. Code § 36-7-9-21 should be aware that persistent non-compliance can result in the local enforcement authority seeking court permission to hire a licensed contractor to perform the required remediation. When such a request is made, all parties with a substantial property interest must be named as defendants in the proceeding. Compliant operators generally respond to unsafe-building orders promptly and document their remediation efforts to avoid a court-entered cost judgment against their ownership interest.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ind. Code § 36-7-9-21 provides a mechanism that can benefit occupants of unsafe buildings by allowing a court to authorize government-directed repairs when property owners refuse to act. Tenants living in buildings subject to an unresolved unsafe-building order may find it useful to contact their local code enforcement authority to understand the status of any pending court proceedings under this provision. Tenant-rights organizations can help residents understand how this process intersects with habitability rights and what options may be available when a building remains in an unsafe condition.
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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