CHAPTER 6. ENFORCEMENT OF ORDINANCES
IC 36-1-6
Chapter 6. Enforcement of Ordinances
IC 36-1-6-1
Application of chapter
Sec. 1. This chapter applies to all municipal corporations havingthe power to adopt ordinances.
As added by Acts 1980, P.L.211, SEC.1.
IC 36-1-6-2
Action to bring compliance with ordinance conditions; expense aslien against property; enforcement of delinquent fees and penalties
Sec. 2. (a) If a condition violating an ordinance of a municipalcorporation exists on real property, employees or contractors of amunicipal corporation may enter onto that property and takeappropriate action to bring the property into compliance with theordinance. However, before action to bring compliance may betaken, all persons holding a substantial interest in the property mustbe given a reasonable opportunity of at least ten (10) days but notmore than sixty (60) days to bring the property into compliance.Continuous enforcement orders (as defined in IC 36-7-9-2) can beenforced and liens may be assessed without the need for additionalnotice. If the municipal corporation takes action to bring compliance,the expenses incurred by the municipal corporation to bringcompliance constitute a lien against the property. The lien attacheswhen notice of the lien is recorded in the office of the countyrecorder in which the property is located. The lien is superior to allother liens except liens for taxes, in an amount that does not exceed:
(1) ten thousand dollars ($10,000) for real property that:
(A) contains one (1) or more occupied or unoccupied singleor double family dwellings or the appurtenances or additionsto those dwellings; or
(B) is unimproved; or
(2) twenty thousand dollars ($20,000) for all other real propertynot described in subdivision (1).
(b) The municipal corporation may issue a bill to the owner of thereal property for the costs incurred by the municipal corporation inbringing the property into compliance with the ordinance, includingadministrative costs and removal costs.
(c) A bill issued under subsection (b) is delinquent if the owner ofthe real property fails to pay the bill within thirty (30) days after thedate of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary, theofficer charged with the collection of fees and penalties for themunicipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceableunder this section, including:
(A) the name or names of the owner or owners of each lot orparcel of real property on which fees are delinquent;
(B) a description of the premises, as shown on the records of
the county auditor; and
(C) the amount of the delinquent fees and the penalty; or
(2) an instrument for each lot or parcel of real property onwhich the fees are delinquent.
(e) The officer shall record a copy of each list or each instrumentwith the county recorder, who shall charge a fee for recording the listor instrument under the fee schedule established in IC 36-2-7-10.
(f) The amount of a lien shall be placed on the tax duplicate by theauditor. The total amount, including any accrued interest, shall becollected in the same manner as delinquent taxes are collected andshall be disbursed to the general fund of the municipal corporation.
(g) A fee is not enforceable as a lien against a subsequent ownerof property unless the lien for the fee was recorded with the countyrecorder before conveyance to the subsequent owner. If the propertyis conveyed before the lien is recorded, the municipal corporationshall notify the person who owned the property at the time the feebecame payable. The notice must inform the person that payment,including penalty fees for delinquencies, is due not later than fifteen(15) days after the date of the notice. If payment is not receivedwithin one hundred eighty (180) days after the date of the notice, theamount due may be considered a bad debt loss.
(h) The municipal corporation shall release:
(1) liens filed with the county recorder after the recorded dateof conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or arepresentative of the title insurance company or the title insurancecompany's agent that issued a title insurance policy to the purchaser.The demand must state that the delinquent fees were not incurred bythe purchaser as a user, lessee, or previous owner and that thepurchaser has not been paid by the seller for the delinquent fees.
(i) The county auditor shall remove the fees, penalties, and servicecharges that were not recorded before a recorded conveyance to asubsequent owner upon receipt of a copy of the written demandunder subsection (h).
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.50-2002,SEC.1; P.L.144-2003, SEC.1; P.L.177-2003, SEC.2; P.L.131-2005,SEC.5; P.L.88-2006, SEC.7; P.L.194-2007, SEC.8; P.L.88-2009,SEC.5.
IC 36-1-6-3
Proceeding to enforce ordinance; law applicable
Sec. 3. (a) Certain ordinances may be enforced by a municipalcorporation without proceeding in court through:
(1) an admission of violation before the violations clerk underIC 33-36; or
(2) administrative enforcement under section 9 of this chapter.
(b) Except as provided in subsection (a), a proceeding to enforcean ordinance must be brought in accordance with IC 34-28-5, section4 of this chapter, or both. (c) An ordinance defining a moving traffic violation may not beenforced under IC 33-36 and must be enforced in accordance withIC 34-28-5.
As added by Acts 1980, P.L.211, SEC.1. Amended by Acts 1981,P.L.108, SEC.39; P.L.177-1988, SEC.8; P.L.130-1991, SEC.35;P.L.1-1998, SEC.202; P.L.98-2004, SEC.159.
IC 36-1-6-4
Civil action by municipal corporation; action by court
Sec. 4. (a) A municipal corporation may bring a civil action asprovided in IC 34-28-5-1 if a person:
(1) violates an ordinance regulating or prohibiting a conditionor use of property; or
(2) engages in conduct without a license or permit if anordinance requires a license or permit to engage in the conduct.
(b) A court may take any appropriate action in a proceeding underthis section, including any of the following actions:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing a continuous enforcement order (as defined inIC 36-7-9-2).
(4) Ordering the suspension or revocation of a license.
(5) Ordering an inspection.
(6) Ordering a property vacated.
(7) Ordering a structure demolished.
(8) Imposing a penalty not to exceed an amount set forth inIC 36-1-3-8(a)(10).
(9) Imposing court costs and fees in accordance withIC 33-37-4-2 and IC 33-37-5.
(10) Ordering a defendant to take appropriate action to bring aproperty into compliance with an ordinance within a specifiedtime.
(11) Ordering a municipal corporation to take appropriateaction to bring a property into compliance with an ordinance inaccordance with IC 36-1-6-2.
As added by Acts 1980, P.L.211, SEC.1. Amended by P.L.194-2007,SEC.9; P.L.88-2009, SEC.6.
IC 36-1-6-5
Repealed
(Repealed by Acts 1981, P.L.108, SEC.40.)
IC 36-1-6-6
Repealed
(Repealed by Acts 1981, P.L.108, SEC.40.)
IC 36-1-6-7
Repealed
(Repealed by Acts 1981, P.L.108, SEC.40.)
IC 36-1-6-8
Repealed
(Repealed by Acts 1981, P.L.108, SEC.40.)
IC 36-1-6-9
Enforcement of ordinances through administrative proceedings;appeal
Sec. 9. (a) The legislative body of a county or municipality mayadopt an ordinance providing that certain other ordinances may beenforced through a proceeding before an administrative body of thecounty or municipality.
(b) An ordinance adopted under subsection (a) must designate thefollowing:
(1) The ordinances that may be enforced through anadministrative proceeding.
(2) The administrative body before which the proceeding maybe brought.
(c) An ordinance may not be designated under subsection (b) forenforcement through an administrative proceeding unless theordinance restricts or prohibits actions harmful to the land, air, orwater, governs use of the public way, or governs the standing orparking of vehicles.
(d) In a proceeding to enforce an ordinance brought before anadministrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by apreponderance of the evidence; and
(2) the administrative body may not impose a penalty other thana fine in an amount within the limit set forth in IC 36-1-3-8(10).
(e) A person who receives a penalty under subsection (d) mayappeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if theproceeding is brought by a county; or
(2) the county in which the municipality is located if theproceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing apenalty must be filed not more than sixty (60) days after the day onwhich the order is entered.
As added by P.L.130-1991, SEC.36. Amended by P.L.64-1992,SEC.8; P.L.308-1995, SEC.1.
IC 36-1-6-10
Establishing election districts
Sec. 10. (a) This section applies to an ordinance adopted by a unitto establish executive, fiscal, or legislative body election districtswithin the unit.
(b) Except as otherwise provided in the ordinance, the ordinancetakes effect immediately upon passage. However, a previouslyadopted ordinance establishing election districts remains in effect forthe purpose of filling a vacancy in the executive, fiscal, or legislativebody until the expiration of the term of that office. (c) A reference in the ordinance to the boundary of a politicalsubdivision, a precinct boundary, or an election district boundaryrefers to the precinct or boundary as the precinct or boundary existedon the date of adoption of the ordinance. A change in the boundaryof a political subdivision, precinct, or election district following thedate of adoption of the ordinance does not alter the boundaries of theelection districts established by the ordinance.
As added by P.L.3-1995, SEC.152. Amended by P.L.3-1997,SEC.449; P.L.176-1999, SEC.131.
IC 36-1-6-11
Notices to department of environmental management concerningenvironmental restrictive ordinances; waiver of notice; ordinancemust state notice requirements, but is not void for failure to state
Sec. 11. (a) The legislative body of a municipal corporation shall:
(1) subject to subsection (b), give written notice to thedepartment of environmental management not later than sixty(60) days before amendment or repeal of an environmentalrestrictive ordinance; and
(2) give written notice to the department of environmentalmanagement not later than thirty (30) days after passage,amendment, or repeal of an environmental restrictive ordinance.
(b) Upon written request by the legislative body, the departmentof environmental management may waive the notice requirement ofsubsection (a)(1).
(c) An environmental restrictive ordinance passed or amendedafter 2009 by the legislative body must state the notice requirementsof subsection (a).
(d) The failure of an environmental restrictive ordinance tocomply with subsection (c) does not void the ordinance.
As added by P.L.78-2009, SEC.22.