CHAPTER 35. PROPERTY MAINTENANCE AREAS
IC 36-7-35
Chapter 35. Property Maintenance Areas
IC 36-7-35-1
"Landlord" defined
Sec. 1. As used in this chapter, "landlord" has the meaning setforth in IC 32-31-3-3.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-2
"Maintenance activity" defined
Sec. 2. As used in this chapter, "maintenance activity" means theremodeling, repair, or improvement of property as defined by amunicipality in a PMA ordinance adopted under section 9 of thischapter.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-3
"PMA certification" defined
Sec. 3. As used in this chapter, "PMA certification" means acertification provided under section 9 of this chapter for qualifiedexpenditures made on property in a property maintenance area.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-4
"PMA ordinance" defined
Sec. 4. As used in this chapter, "PMA ordinance" means anordinance adopted by the fiscal body of a municipality under section9 of this chapter.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-5
"Property" defined
Sec. 5. (a) As used in this chapter, "property" means a building orstructure:
(1) assessed as real property under IC 6-1.1-4; and
(2) listed in a PMA ordinance.
(b) The term does not include land.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-6
"Property maintenance area" defined
Sec. 6. As used in this chapter, "property maintenance area"means an area established by a municipality under section 9 of thischapter.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-7
"Qualified expenditure" defined
Sec. 7. As used in this chapter, "qualified expenditure" means an
expenditure made by a taxpayer for maintenance activities thatqualify the taxpayer for a credit under IC 6-3.1-32.5 as determinedunder a PMA ordinance.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-8
"Residentially distressed area" defined
Sec. 8. As used in this chapter, "residentially distressed area"means an area:
(1) that has a significant number of:
(A) dwellings (as defined in IC 6-1.1-12-37) within the areathat are:
(i) not permanently occupied;
(ii) subject to an order issued under IC 36-7-9; or
(iii) evidencing significant building deficiencies; or
(B) vacant parcels of real property (as defined byIC 6-1.1-1-15); or
(2) that has experienced a net loss in the number of dwellings(as defined in IC 6-1.1-12-37).
As added by P.L.144-2008, SEC.47. Amended by P.L.1-2009,SEC.168.
IC 36-7-35-9
PMA ordinance; limitations on area; certification of qualifiedexpenditures; grants to individuals
Sec. 9. (a) The fiscal body of a municipality located in a countymay adopt an ordinance establishing a property maintenance area toprovide certification of qualified expenditures on property in theproperty maintenance area. The ordinance shall be referred to as aPMA ordinance. The boundaries of a property maintenance area maynot exceed five percent (5%) of the total land area of themunicipality. The property maintenance area established under thissection must be either:
(1) a residentially distressed area; or
(2) an area:
(A) that contains the types of property listed or defined inthe PMA ordinance; and
(B) where the median assessed value of each type ofproperty under clause (A) within the property maintenancearea does not exceed the median assessed value for that typeof property throughout the municipality.
(b) A municipality that adopts a PMA ordinance may providegrants to individuals who receive a PMA certification under thischapter. The amount of a grant provided under this subsection maynot exceed the lesser of:
(1) fifty percent (50%) of the qualified expenditures certified inthe PMA certification; or
(2) one thousand five hundred dollars ($1,500).
As added by P.L.144-2008, SEC.47.
IC 36-7-35-10
Period PMA ordinance is effective; required information in PMAordinance
Sec. 10. A PMA ordinance adopted under section 9 of this chaptermust be in effect for at least one (1) year and not more than ten (10)years and must include the following:
(1) The geographic boundaries of the property maintenancearea.
(2) A list or definition of:
(A) the types of property; and
(B) the maintenance activities;
that may entitle a taxpayer to a credit under IC 6-3.1-32.5.
(3) The eligibility qualifications for a contractor to performmaintenance activities within the property maintenance area.
(4) The criteria for a landlord to be eligible for a PMAcertification.
(5) The amount of the qualified expenditures that may becertified under this chapter.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-11
Permissible inclusions in list or definition of maintenance activities
Sec. 11. The list or definition of maintenance activitiesdetermined by the municipality under section 10(2) of this chaptermay include installing, repairing, or upgrading:
(1) roofing;
(2) siding;
(3) a furnace;
(4) a window or windows;
(5) paint;
(6) a foundation;
(7) electrical wiring; or
(8) plumbing.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-12
Requirements for eligibility qualifications
Sec. 12. The eligibility qualifications established under section10(3) of this chapter:
(1) may not prohibit or disallow certification of qualifiedexpenditures made by the owner of property for maintenanceactivities performed by the owner on the property if all otherrequirements and qualifications are satisfied for obtaining aPMA certification under this chapter; and
(2) may require a contractor to submit to the fiscal body of themunicipality:
(A) proof that the contractor holds a valid contractor'slicense;
(B) any complaints filed against the contractor with a betterbusiness bureau or a federal, state, or local unit of
government; and
(C) financial statements or business plans of the contractor.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-13
Requirements for landlord eligibility for PMA certification
Sec. 13. The criteria established under section 10(4) of thischapter must require a landlord to:
(1) report any violations relating to any health or housing codesapplicable to any property in which the landlord has an interest;
(2) submit a plan, before receiving a PMA certification underthis chapter, to correct all violations reported under subdivision(1); and
(3) repay to the municipality the amount of any grants awardedunder this chapter, if the landlord does not correct all violationsreported under subdivision (1) within a reasonable time, asdetermined by the municipality.
As added by P.L.144-2008, SEC.47.
IC 36-7-35-14
Eligibility requirements for PMA certification
Sec. 14. If a person:
(1) makes a qualified expenditure on the person's property in aproperty maintenance area; and
(2) meets all the other requirements set forth in the PMAordinance adopted by the municipality where the person'sproperty is located;
the person is entitled to a PMA certification under this chapter.
As added by P.L.144-2008, SEC.47.