Wayne County, IN Property Maintenance: Property Blight (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.
§ 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?
What makes a building "unsafe" under Wayne County's ordinance?
What happens if I ignore a county order to fix or remove an unsafe building?
Sources & Official References
Other rules in Wayne County
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