IC 36-1-6-1 Application of chapter
Sec. 1. This chapter applies to all municipal corporations having
the 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 as
lien against property; enforcement of delinquent fees and penalties
Sec. 2. (a) If a condition violating an ordinance of a municipal
corporation exists on real property, employees or contractors of a
municipal corporation may enter onto that property and take
appropriate action to bring the property into compliance with the
ordinance. However, before action to bring compliance may be
taken, all persons holding a substantial interest in the property must
be given a reasonable opportunity of at least ten (10) days but not
more than sixty (60) days to bring the property into compliance.
Continuous enforcement orders (as defined in IC 36-7-9-2) can be
enforced and liens may be assessed without the need for additional
notice. If the municipal corporation takes action to bring compliance,
the expenses incurred by the municipal corporation to bring
compliance constitute a lien against the property. The lien attaches
when notice of the lien is recorded in the office of the county
recorder in which the property is located. The lien is superior to all
other 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 single
or double family dwellings or the appurtenances or additions
to those dwellings; or
(B) is unimproved; or
(2) twenty thousand dollars ($20,000) for all other real property
not described in subdivision (1).
(b) The municipal corporation may issue a bill to the owner of the
real property for the costs incurred by the municipal corporation in
bringing the property into compliance with the ordinance, including
administrative costs and removal costs.
(c) A bill issued under subsection (b) is delinquent if the owner of
the real property fails to pay the bill within thirty (30) days after the
date of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary, the
officer charged with the collection of fees and penalties for the
municipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceable
under this section, including:
(A) the name or names of the owner or owners of each lot or
parcel 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 on
which the fees are delinquent.
(e) The officer shall record a copy of each list or each instrument
with the county recorder, who shall charge a fee for recording the list
or 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 the
auditor. The total amount, including any accrued interest, shall be
collected in the same manner as delinquent taxes are collected and
shall be disbursed to the general fund of the municipal corporation.
(g) A fee is not enforceable as a lien against a subsequent owner
of property unless the lien for the fee was recorded with the county
recorder before conveyance to the subsequent owner. If the property
is conveyed before the lien is recorded, the municipal corporation
shall notify the person who owned the property at the time the fee
became 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 received
within one hundred eighty (180) days after the date of the notice, the
amount due may be considered a bad debt loss.
(h) The municipal corporation shall release:
(1) liens filed with the county recorder after the recorded date
of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a
representative of the title insurance company or the title insurance
company's agent that issued a title insurance policy to the purchaser.
The demand must state that the delinquent fees were not incurred by
the purchaser as a user, lessee, or previous owner and that the
purchaser has not been paid by the seller for the delinquent fees.
(i) The county auditor shall remove the fees, penalties, and service
charges that were not recorded before a recorded conveyance to a
subsequent owner upon receipt of a copy of the written demand
under 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 municipal
corporation without proceeding in court through:
(1) an admission of violation before the violations clerk under
IC 33-36; or
(2) administrative enforcement under section 9 of this chapter.
(b) Except as provided in subsection (a), a proceeding to enforce
an ordinance must be brought in accordance with IC 34-28-5, section
4 of this chapter, or both.
(c) An ordinance defining a moving traffic violation may not be
enforced under IC 33-36 and must be enforced in accordance with
IC 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 as
provided in IC 34-28-5-1 if a person:
(1) violates an ordinance regulating or prohibiting a condition
or use of property; or
(2) engages in conduct without a license or permit if an
ordinance requires a license or permit to engage in the conduct.
(b) A court may take any appropriate action in a proceeding under
this section, including any of the following actions:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing a continuous enforcement order (as defined in
IC 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 in
IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees in accordance with
IC 33-37-4-2 and IC 33-37-5.
(10) Ordering a defendant to take appropriate action to bring a
property into compliance with an ordinance within a specified
time.
(11) Ordering a municipal corporation to take appropriate
action to bring a property into compliance with an ordinance in
accordance 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 may
adopt an ordinance providing that certain other ordinances may be
enforced through a proceeding before an administrative body of the
county or municipality.
(b) An ordinance adopted under subsection (a) must designate the
following:
(1) The ordinances that may be enforced through an
administrative proceeding.
(2) The administrative body before which the proceeding may
be brought.
(c) An ordinance may not be designated under subsection (b) for
enforcement through an administrative proceeding unless the
ordinance restricts or prohibits actions harmful to the land, air, or
water, governs use of the public way, or governs the standing or
parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an
administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a
preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than
a 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) may
appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the
proceeding is brought by a county; or
(2) the county in which the municipality is located if the
proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a
penalty must be filed not more than sixty (60) days after the day on
which 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 unit
to establish executive, fiscal, or legislative body election districts
within the unit.
(b) Except as otherwise provided in the ordinance, the ordinance
takes effect immediately upon passage. However, a previously
adopted ordinance establishing election districts remains in effect for
the purpose of filling a vacancy in the executive, fiscal, or legislative
body until the expiration of the term of that office.
(c) A reference in the ordinance to the boundary of a political
subdivision, a precinct boundary, or an election district boundary
refers to the precinct or boundary as the precinct or boundary existed
on the date of adoption of the ordinance. A change in the boundary
of a political subdivision, precinct, or election district following the
date of adoption of the ordinance does not alter the boundaries of the
election 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 concerning
environmental restrictive ordinances; waiver of notice; ordinance
must 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 the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management 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 department
of environmental management may waive the notice requirement of
subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (a).
(d) The failure of an environmental restrictive ordinance to
comply with subsection (c) does not void the ordinance. As added by P.L.78-2009, SEC.22.
IC 36-1-6-1 Application of chapter
Sec. 1. This chapter applies to all municipal corporations having
the 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 as
lien against property; enforcement of delinquent fees and penalties
Sec. 2. (a) If a condition violating an ordinance of a municipal
corporation exists on real property, employees or contractors of a
municipal corporation may enter onto that property and take
appropriate action to bring the property into compliance with the
ordinance. However, before action to bring compliance may be
taken, all persons holding a substantial interest in the property must
be given a reasonable opportunity of at least ten (10) days but not
more than sixty (60) days to bring the property into compliance.
Continuous enforcement orders (as defined in IC 36-7-9-2) can be
enforced and liens may be assessed without the need for additional
notice. If the municipal corporation takes action to bring compliance,
the expenses incurred by the municipal corporation to bring
compliance constitute a lien against the property. The lien attaches
when notice of the lien is recorded in the office of the county
recorder in which the property is located. The lien is superior to all
other 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 single
or double family dwellings or the appurtenances or additions
to those dwellings; or
(B) is unimproved; or
(2) twenty thousand dollars ($20,000) for all other real property
not described in subdivision (1).
(b) The municipal corporation may issue a bill to the owner of the
real property for the costs incurred by the municipal corporation in
bringing the property into compliance with the ordinance, including
administrative costs and removal costs.
(c) A bill issued under subsection (b) is delinquent if the owner of
the real property fails to pay the bill within thirty (30) days after the
date of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary, the
officer charged with the collection of fees and penalties for the
municipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceable
under this section, including:
(A) the name or names of the owner or owners of each lot or
parcel 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 on
which the fees are delinquent.
(e) The officer shall record a copy of each list or each instrument
with the county recorder, who shall charge a fee for recording the list
or 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 the
auditor. The total amount, including any accrued interest, shall be
collected in the same manner as delinquent taxes are collected and
shall be disbursed to the general fund of the municipal corporation.
(g) A fee is not enforceable as a lien against a subsequent owner
of property unless the lien for the fee was recorded with the county
recorder before conveyance to the subsequent owner. If the property
is conveyed before the lien is recorded, the municipal corporation
shall notify the person who owned the property at the time the fee
became 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 received
within one hundred eighty (180) days after the date of the notice, the
amount due may be considered a bad debt loss.
(h) The municipal corporation shall release:
(1) liens filed with the county recorder after the recorded date
of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a
representative of the title insurance company or the title insurance
company's agent that issued a title insurance policy to the purchaser.
The demand must state that the delinquent fees were not incurred by
the purchaser as a user, lessee, or previous owner and that the
purchaser has not been paid by the seller for the delinquent fees.
(i) The county auditor shall remove the fees, penalties, and service
charges that were not recorded before a recorded conveyance to a
subsequent owner upon receipt of a copy of the written demand
under 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 municipal
corporation without proceeding in court through:
(1) an admission of violation before the violations clerk under
IC 33-36; or
(2) administrative enforcement under section 9 of this chapter.
(b) Except as provided in subsection (a), a proceeding to enforce
an ordinance must be brought in accordance with IC 34-28-5, section
4 of this chapter, or both.
(c) An ordinance defining a moving traffic violation may not be
enforced under IC 33-36 and must be enforced in accordance with
IC 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 as
provided in IC 34-28-5-1 if a person:
(1) violates an ordinance regulating or prohibiting a condition
or use of property; or
(2) engages in conduct without a license or permit if an
ordinance requires a license or permit to engage in the conduct.
(b) A court may take any appropriate action in a proceeding under
this section, including any of the following actions:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing a continuous enforcement order (as defined in
IC 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 in
IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees in accordance with
IC 33-37-4-2 and IC 33-37-5.
(10) Ordering a defendant to take appropriate action to bring a
property into compliance with an ordinance within a specified
time.
(11) Ordering a municipal corporation to take appropriate
action to bring a property into compliance with an ordinance in
accordance 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 may
adopt an ordinance providing that certain other ordinances may be
enforced through a proceeding before an administrative body of the
county or municipality.
(b) An ordinance adopted under subsection (a) must designate the
following:
(1) The ordinances that may be enforced through an
administrative proceeding.
(2) The administrative body before which the proceeding may
be brought.
(c) An ordinance may not be designated under subsection (b) for
enforcement through an administrative proceeding unless the
ordinance restricts or prohibits actions harmful to the land, air, or
water, governs use of the public way, or governs the standing or
parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an
administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a
preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than
a 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) may
appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the
proceeding is brought by a county; or
(2) the county in which the municipality is located if the
proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a
penalty must be filed not more than sixty (60) days after the day on
which 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 unit
to establish executive, fiscal, or legislative body election districts
within the unit.
(b) Except as otherwise provided in the ordinance, the ordinance
takes effect immediately upon passage. However, a previously
adopted ordinance establishing election districts remains in effect for
the purpose of filling a vacancy in the executive, fiscal, or legislative
body until the expiration of the term of that office.
(c) A reference in the ordinance to the boundary of a political
subdivision, a precinct boundary, or an election district boundary
refers to the precinct or boundary as the precinct or boundary existed
on the date of adoption of the ordinance. A change in the boundary
of a political subdivision, precinct, or election district following the
date of adoption of the ordinance does not alter the boundaries of the
election 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 concerning
environmental restrictive ordinances; waiver of notice; ordinance
must 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 the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management 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 department
of environmental management may waive the notice requirement of
subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (a).
(d) The failure of an environmental restrictive ordinance to
comply with subsection (c) does not void the ordinance. As added by P.L.78-2009, SEC.22.
IC 36-1-6-1 Application of chapter
Sec. 1. This chapter applies to all municipal corporations having
the 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 as
lien against property; enforcement of delinquent fees and penalties
Sec. 2. (a) If a condition violating an ordinance of a municipal
corporation exists on real property, employees or contractors of a
municipal corporation may enter onto that property and take
appropriate action to bring the property into compliance with the
ordinance. However, before action to bring compliance may be
taken, all persons holding a substantial interest in the property must
be given a reasonable opportunity of at least ten (10) days but not
more than sixty (60) days to bring the property into compliance.
Continuous enforcement orders (as defined in IC 36-7-9-2) can be
enforced and liens may be assessed without the need for additional
notice. If the municipal corporation takes action to bring compliance,
the expenses incurred by the municipal corporation to bring
compliance constitute a lien against the property. The lien attaches
when notice of the lien is recorded in the office of the county
recorder in which the property is located. The lien is superior to all
other 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 single
or double family dwellings or the appurtenances or additions
to those dwellings; or
(B) is unimproved; or
(2) twenty thousand dollars ($20,000) for all other real property
not described in subdivision (1).
(b) The municipal corporation may issue a bill to the owner of the
real property for the costs incurred by the municipal corporation in
bringing the property into compliance with the ordinance, including
administrative costs and removal costs.
(c) A bill issued under subsection (b) is delinquent if the owner of
the real property fails to pay the bill within thirty (30) days after the
date of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary, the
officer charged with the collection of fees and penalties for the
municipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceable
under this section, including:
(A) the name or names of the owner or owners of each lot or
parcel 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 on
which the fees are delinquent.
(e) The officer shall record a copy of each list or each instrument
with the county recorder, who shall charge a fee for recording the list
or 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 the
auditor. The total amount, including any accrued interest, shall be
collected in the same manner as delinquent taxes are collected and
shall be disbursed to the general fund of the municipal corporation.
(g) A fee is not enforceable as a lien against a subsequent owner
of property unless the lien for the fee was recorded with the county
recorder before conveyance to the subsequent owner. If the property
is conveyed before the lien is recorded, the municipal corporation
shall notify the person who owned the property at the time the fee
became 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 received
within one hundred eighty (180) days after the date of the notice, the
amount due may be considered a bad debt loss.
(h) The municipal corporation shall release:
(1) liens filed with the county recorder after the recorded date
of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a
representative of the title insurance company or the title insurance
company's agent that issued a title insurance policy to the purchaser.
The demand must state that the delinquent fees were not incurred by
the purchaser as a user, lessee, or previous owner and that the
purchaser has not been paid by the seller for the delinquent fees.
(i) The county auditor shall remove the fees, penalties, and service
charges that were not recorded before a recorded conveyance to a
subsequent owner upon receipt of a copy of the written demand
under 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 municipal
corporation without proceeding in court through:
(1) an admission of violation before the violations clerk under
IC 33-36; or
(2) administrative enforcement under section 9 of this chapter.
(b) Except as provided in subsection (a), a proceeding to enforce
an ordinance must be brought in accordance with IC 34-28-5, section
4 of this chapter, or both.
(c) An ordinance defining a moving traffic violation may not be
enforced under IC 33-36 and must be enforced in accordance with
IC 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 as
provided in IC 34-28-5-1 if a person:
(1) violates an ordinance regulating or prohibiting a condition
or use of property; or
(2) engages in conduct without a license or permit if an
ordinance requires a license or permit to engage in the conduct.
(b) A court may take any appropriate action in a proceeding under
this section, including any of the following actions:
(1) Issuing an injunction.
(2) Entering a judgment.
(3) Issuing a continuous enforcement order (as defined in
IC 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 in
IC 36-1-3-8(a)(10).
(9) Imposing court costs and fees in accordance with
IC 33-37-4-2 and IC 33-37-5.
(10) Ordering a defendant to take appropriate action to bring a
property into compliance with an ordinance within a specified
time.
(11) Ordering a municipal corporation to take appropriate
action to bring a property into compliance with an ordinance in
accordance 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 may
adopt an ordinance providing that certain other ordinances may be
enforced through a proceeding before an administrative body of the
county or municipality.
(b) An ordinance adopted under subsection (a) must designate the
following:
(1) The ordinances that may be enforced through an
administrative proceeding.
(2) The administrative body before which the proceeding may
be brought.
(c) An ordinance may not be designated under subsection (b) for
enforcement through an administrative proceeding unless the
ordinance restricts or prohibits actions harmful to the land, air, or
water, governs use of the public way, or governs the standing or
parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an
administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a
preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than
a 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) may
appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the
proceeding is brought by a county; or
(2) the county in which the municipality is located if the
proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a
penalty must be filed not more than sixty (60) days after the day on
which 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 unit
to establish executive, fiscal, or legislative body election districts
within the unit.
(b) Except as otherwise provided in the ordinance, the ordinance
takes effect immediately upon passage. However, a previously
adopted ordinance establishing election districts remains in effect for
the purpose of filling a vacancy in the executive, fiscal, or legislative
body until the expiration of the term of that office.
(c) A reference in the ordinance to the boundary of a political
subdivision, a precinct boundary, or an election district boundary
refers to the precinct or boundary as the precinct or boundary existed
on the date of adoption of the ordinance. A change in the boundary
of a political subdivision, precinct, or election district following the
date of adoption of the ordinance does not alter the boundaries of the
election 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 concerning
environmental restrictive ordinances; waiver of notice; ordinance
must 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 the
department of environmental management not later than sixty
(60) days before amendment or repeal of an environmental
restrictive ordinance; and
(2) give written notice to the department of environmental
management 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 department
of environmental management may waive the notice requirement of
subsection (a)(1).
(c) An environmental restrictive ordinance passed or amended
after 2009 by the legislative body must state the notice requirements
of subsection (a).
(d) The failure of an environmental restrictive ordinance to
comply with subsection (c) does not void the ordinance. As added by P.L.78-2009, SEC.22.
