Action to abate nuisance; notice; requirements

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.