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Wayne County, IN Property Maintenance: Property Blight (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Adopting statute
I.C. 36-7-9-1 through 36-7-9-28
Enforcing officer
Building Commissioner
Declared status
Public nuisance, abate or demolish
Violation penalty
Class C infraction per day
Abandonment threshold
6+ months = attractive nuisance
Damage threshold
33% supporting / 50% non-supporting members
Dedicated funding
Unsafe Building Fund (§ 150.38)

Summary

Wayne County adopts Indiana's County Unsafe Building Law, I.C. 36-7-9-1 through -28, to declare unsafe buildings public nuisances in unincorporated Wayne County, Indiana. The Building Commissioner inspects and orders repair, rehabilitation, demolition or removal, and violating an abatement order is a separate Class C infraction for every day it continues.

These county ordinances apply to unincorporated areas of Wayne County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 150.31 ADOPTION OF LAW BY REFERENCE. I.C. ... 36-7-9-1 through 36-7-9-28 is hereby adopted by reference as the County Unsafe Building Law. ... § 150.32 INSPECTION DETERMINATION. All buildings or portions thereof within the county which are determined, after inspection by the Building Commissioner, to be unsafe as defined in this subchapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedure specified in the County Unsafe Building Law. ... § 150.39 VIOLATION. No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this subchapter or any order issued by the county. Any person violating the provisions of this subchapter or the provisions of I.C. 36-7-9-28 shall commit a Class C infraction for each day such violation continues.

Full Breakdown

Section 150.31 adopts I.C. 36-7-9-1 through 36-7-9-28 by reference as the County Unsafe Building Law, and if the county's own subchapter ever conflicts with that statute, the state statute controls. Under § 150.32, once the Building Commissioner inspects a building and determines it unsafe as defined in the subchapter, that building is declared a public nuisance and must be abated by repair, rehabilitation, demolition or removal following the statute's procedure. Section 150.35 supplements the statutory definition with detailed local criteria, including structural damage from fire, wind or flood, a supporting member showing 33% or more deterioration (50% for non-supporting members), a building abandoned more than six months that has become an attractive nuisance to children, and conditions the Building Commissioner determines make a dwelling unfit for human habitation or a fire hazard.

Section 150.33 authorizes the Commissioner to administer and proceed under the law, § 150.37 designates the Commissioner as the Director for hearings under I.C. 36-7-9-3 and 36-7-9-7, and § 150.38 establishes a dedicated Unsafe Building Fund under I.C. 36-7-9-14 to cover abatement costs. Anyone who builds, alters, occupies or maintains a building contrary to the subchapter or an abatement order violates § 150.39, and each day the violation continues is its own Class C infraction, separate from the state-law penalty under I.C. 36-7-9-28.

Violations & Fines

Violating the Unsafe Building Law or an abatement order under § 150.39 is a Class C infraction for each day the violation continues. The provision also cross-references I.C. 36-7-9-28 as an independent basis for a violation, and the state statute controls whenever it conflicts with the county's own subchapter.

Frequently Asked Questions

What law governs dangerous or blighted buildings in unincorporated Wayne County?
Section 150.31 adopts Indiana's County Unsafe Building Law, I.C. 36-7-9-1 through -28, by reference, and the county's Building Commissioner administers it under §§ 150.32 and 150.33, declaring inspected unsafe buildings public nuisances subject to repair, rehabilitation, demolition or removal.
What makes a building "unsafe" under Wayne County's ordinance?
Section 150.35 lists local criteria supplementing the state definition, including fire, wind or flood damage that materially weakens the structure, 33% or more deterioration of a supporting member, and a building abandoned more than six months that has become an attractive nuisance to children or freely accessible for unlawful acts.
What happens if I ignore a county order to fix or remove an unsafe building?
Section 150.39 makes it unlawful to maintain a building contrary to the subchapter or any county order, and each day the violation continues is a separate Class C infraction. The statute cross-referenced at I.C. 36-7-9-28 provides an additional, independent basis for enforcement.

Sources & Official References

Other rules in Wayne County

All Wayne County rules

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