Title 36, LOCAL GOVERNMENT

Sec. 8. (a) The recorder shall record all instruments that are proper for recording, in the order in which they are received in the recorder's office for record. The recorder shall record deeds and mortgages in separate records. (b) Providing an exact copy of an original instrume…

Sec. 9. (a) The recorder shall keep an entry book in which the recorder shall enter information that identifies: (1) the date on which the recorder received each instrument for recording; (2) the names of the parties to the instrument; (3) a description of the premises affected b…

Sec. 1. This chapter applies to second and third class cities. [Local Government Recodification Citation: New.] As added by Acts 1980, P.L.212, SEC.3. Amended by Acts 1981, P.L.44, SEC.52.

Sec. 2. (a) The city executive shall make the appointments prescribed by law. If an emergency requires additional employees for a city office, board, commission, department, institution, or utility, the executive may also appoint those employees. (b) This subsection does not appl…

Sec. 3. A department may appoint deputies and other employees at its pleasure, unless a statute provides otherwise. A department may dismiss deputies and other employees, but if thirty (30) days have passed since the department head was appointed, the department head must file wi…

Sec. 4. The city clerk may appoint the number of deputies and employees authorized by the city legislative body. The clerk's deputies and employees serve at the clerk's pleasure. [Pre-Local Government Recodification Citations: 18-2-5-1 part; 18-2-7-1 part.] As added by Acts 1980,…

Sec. 5. (a) This section applies only to second class cities. (b) The city legislative body may, by ordinance, authorize the city fiscal officer to appoint a deputy. The fiscal officer is responsible for the official acts of the fiscal officer's deputy. [Pre-Local Government Reco…

Sec. 1. This chapter applies to all units except: (1) counties having a consolidated city; (2) municipalities in counties having a consolidated city; and (3) townships. [Pre-Local Government Recodification Citation: 18-7-22-2 part.] As added by Acts 1981, P.L.309, SEC.30.…

Sec. 1.5. As used in this chapter, "commission" refers to a historic preservation commission established through the adoption of an ordinance under section 4 of this chapter. As added by P.L.227-1997, SEC.1.

Sec. 10. Except as provided in sections 19 and 20 of this chapter, a certificate of appropriateness must be issued by or on behalf of the commission before a permit is issued for or work is begun on any of the following: (1) Within all areas of the historic district: (A) the demo…

Sec. 11. Application for a certificate of appropriateness may be made in the office of the commission on forms provided by that office. Detailed drawings, plans, or specifications are not required. However, to the extent reasonably required for the commission to make a decision, …

Sec. 12. (a) The commission may advise and make recommendations to the applicant before acting on an application for a certificate of appropriateness. (b) If an application for a certificate of appropriateness: (1) is approved by the commission; or (2) is not acted on by the comm…

Sec. 13. (a) A historic building or structure or any part of or appurtenance to such a building or structure, including stone walls, fences, light fixtures, steps, paving, and signs may be moved, reconstructed, altered, or maintained only in a manner that will preserve the histor…

Sec. 14. (a) The purpose of this section is to preserve historic buildings that are important to the education, culture, traditions, and economic values of the unit, and to afford the unit, historical organizations, and other interested persons the opportunity to acquire or to ar…

Sec. 15. Historic buildings shall be maintained to meet the applicable requirements established under statute for buildings generally so as to prevent the loss of historic material and the deterioration of important character defining details and features. [Pre-Local Government R…

Sec. 16. Except as provided in section 20 of this chapter, the construction of a new building or structure, and the moving, reconstruction, alteration, major maintenance, or repair involving a color change conspicuously affecting the external appearance of any nonhistoric buildin…

Sec. 17. Except as provided in section 20 of this chapter, within the primary area of the historic district, new buildings and structures, as well as buildings, structures, and appurtenances that are moved, reconstructed, materially altered, repaired, or changed in color, must be…

Sec. 18. Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8. [Pre-Local Government Recodification Citation: 18-7-22-11 part.] As added by Acts 1981, P.L.310, SEC.71.

Sec. 19. (a) In an ordinance approving the establishment of a historic district, a unit may provide that the establishment occur in two (2) phases. Under the first phase, which lasts three (3) years from the date the ordinance is adopted, a certificate of appropriateness is requi…

Sec. 2. (a) If before July 1, 1977, a unit established by ordinance a commission for the purpose of historic preservation, that commission may continue to operate, regardless of whether that ordinance is subsequently amended or is consistent with this chapter. If the unit wants t…

Sec. 20. In an ordinance approving the establishment of a historic district, a unit may exclude changes in paint colors from the activities requiring the issuance of a certificate of appropriateness under section 10 of this chapter before a permit may be issued or work begun. As …

Sec. 21. (a) As used in this section, "interested party" means one (1) of the following: (1) The executive of the unit. (2) The legislative body of the unit. (3) The agency having land use planning jurisdiction over a historic district designated by the ordinance adopted under th…

Sec. 22. (a) This section applies only to a county having a population of more than two hundred fifty thousand (250,000) and less than three hundred thousand (300,000). (b) Notwithstanding any other provision, in the case of a building or structure owned by a political subdivisio…

Sec. 23. (a) This section provides the exclusive method for removing the designation of a historic district. The owner or owners of a building, structure, or site designated as a single site historic district may sign and file a petition with the legislative body of the unit requ…

Sec. 3. The historic district regulation provided in this chapter is intended to preserve and protect the historic or architecturally worthy buildings, structures, sites, monuments, streetscapes, squares, and neighborhoods of the historic districts. Zoning districts lying within …

Sec. 4. (a) A unit may establish, by ordinance, a historic preservation commission with an official name designated in the ordinance. The commission must have not less than three (3) nor more than nine (9) voting members, as designated by the ordinance. The voting members shall b…

Sec. 4.3. (a) An ordinance that establishes a historic preservation commission under section 4 of this chapter may authorize the staff of the commission, on behalf of the commission, to grant or deny an application for a certificate of appropriateness. (b) An ordinance adopted un…

Sec. 4.6. An ordinance that establishes a historic preservation commission under section 4 of this chapter may: (1) authorize the commission to: (A) acquire by purchase, gift, grant, bequest, devise, or lease any real or personal property, including easements, that is appropriate…

Sec. 5. The commission shall be concerned with those elements of development, redevelopment, rehabilitation, and preservation that affect visual quality in the historic district. However, the commission may not consider details of design, interior arrangements, or building featur…

Sec. 6. (a) The commission shall conduct a survey to identify historic buildings, structures, and sites located within the unit. Based on its survey, the commission shall submit to the legislative body a map describing the boundaries of a historic district or historic districts. …

Sec. 7. The map setting forth the historic district boundaries and building classifications must be submitted to, and approved in an ordinance by, the legislative body of the unit before the historic district is established and the building classifications take effect. [Pre-Local…

Sec. 8. The commission may conduct additional surveys, and draw and submit additional maps for approval of the legislative body, as it considers appropriate. [Pre-Local Government Recodification Citation: 18-7-22-5.] As added by Acts 1981, P.L.309, SEC.30. Amended by P.L.227-1997…

Sec. 8.5. (a) When submitting a map to the legislative body under section 7 or 8 of this chapter, the commission may declare one (1) or more buildings or structures that are classified and designated as historic on the map to be under interim protection. (b) Not more than two (2)…

Sec. 9. (a) Each official of the unit who has responsibility for building inspection, building permits, planning, or zoning shall provide any technical, administrative, or clerical assistance requested by the commission. (b) The attorney for the unit is the attorney for the commi…

Sec. 0.1. The addition of section 26 of this chapter by P.L.83-1998 applies only to purchases that occur after June 30, 1998. As added by P.L.220-2011, SEC.675.

Sec. 10. If the petition is dismissed because the county legislative body finds the evidence does not support it, a new petition to establish a district under this chapter in essentially the same area may not be addressed to the legislative body for a period of two (2) years afte…

Sec. 11. To add area to a fire protection district already established, the same procedure must be followed as is provided for the establishment of a district. The petition must be addressed to the legislative body of each county in which the district is located. [Pre-Local Gover…

Sec. 12. (a) This section does not apply to the appointment of a governing board under section 12.5 of this chapter. (b) Within thirty (30) days after the ordinance or resolution establishing the district becomes final, the county legislative body shall appoint a board of fire tr…

Sec. 12.1 (a) This section applies to a county having a population of more than three hundred fifty thousand (350,000) and less than four hundred thousand (400,000) (b) This section is an alternative to section 12 of this chapter if the appointment of the governing board under se…

Sec. 12.5. (a) This section applies only to a county for which a fire protection district includes all of the incorporated and unincorporated area of the county. (b) The county legislative body may adopt an ordinance to establish a nine (9) member governing board for the fire pro…

Sec. 13. (a) The board shall fix the time for holding regular meetings, but it shall meet at least once in the months of January, April, July, and October. The county legislative body may order that regular meetings be held more frequently. (b) Special meetings of the board may b…

Sec. 14. (a) At the first regular meeting each year, the trustees of the board shall elect a chair and vice chair from their number. The vice chair shall act as chair during the absence or disability of the chair. (b) A majority of the trustees constitutes a quorum. An action of …

Sec. 15. (a) The board: (1) has the same powers and duties as a township executive with respect to fire protection functions, including those duties and powers prescribed by IC 36-8-13, although all cooperative and joint actions permitted by that chapter must be undertaken accord…

Sec. 16. (a) All the real property within a fire protection district constitutes a taxing district for the purpose of levying taxes to pay for the construction, operation, and maintenance of district programs and facilities. A tax levied must be levied at a uniform rate upon all …

Sec. 17. Bonds may be issued only against the taxable property of a fire protection district and may be paid in part by revenues derived from reasonable charges for services or property produced incident to the operation of the district. Bonds shall be issued in the same manner a…

Sec. 18. (a) The board shall annually budget the necessary money to meet the expenses of operation and maintenance of the district, including repairs, fees, salaries, depreciation on all depreciable assets, rents, supplies, contingencies, bond redemption, and all other expenses l…