S.C. 5409 refers to that section as it existed on January 1, 2003.(b) As used in this section, 'purchaser' means the first person purchasing a manufactured home in good faith for purposes other than resale.(c) A person who violates 42 U.S.C. 5409, or any regulation or final order issued under 42 U.S.C. 5409, is liable to the department for a civil penalty not to exceed one thousand dollars ($1,000) for each violation. Each violation of 42 U.S.C. 5409, or any regulation or final order issued under 42 U.S.C. 5409, constitutes a separate violation with respect to:(1) each manufactured home; or(2) each failure or refusal to allow or perform an act required by 42 U.S.C. 5409 or a regulation or order issued under 42 U.S.C. 5409.However, the maximum judgment imposed under this subsection may not exceed one million dollars ($1,000,000) for any related series of violations occurring within one (1) year after the date of the first violation.(d) The department may recover the civil penalty described in subsection (c) in a civil action commenced in any court with jurisdiction.(e) Notwithstanding IC 35-50-3-2, an individual or a violation.(d) The department may recover the civil penalty described in subsection (c) in a civil action commenced in any court with jurisdiction.(e) Notwithstanding IC 35-50-3-2, an individual or a director, an officer, or an agent of a corporation who knowingly violates 42 U.S.C. 5409 in a manner that threatens the health or safety of any purchaser commits a Class A misdemeanor and shall be fined not more than one thousand dollars ($1,000) dollars or imprisoned not more than one (1) year, or both.As added by P.L.245-1987, SEC.4. Amended by P.L.222-1989, SEC.17; P.L.141-2003, SEC.12.
Indiana Legal Code