Title 36, LOCAL GOVERNMENT

Sec. 4. As used in this chapter, "owner" means a person that holds a substantial interest in property in the form of a known or recorded fee interest, life estate, or equitable interest as a contract purchaser. As added by P.L.88-2009, SEC.15.

Sec. 5. As used in this chapter, "vacant real property" means real property that is not being occupied by an owner, tenant, or others authorized by the owner. As added by P.L.88-2009, SEC.15.

Sec. 6. As used in this chapter, "vacant structure" means a structure or building that is not being occupied by an owner, tenant, or others authorized by the owner. As added by P.L.88-2009, SEC.15.

Sec. 7. The legislative body of a municipality or county: (1) may adopt this chapter by ordinance; and (2) if the legislative body adopts this chapter by ordinance, shall adopt rules and procedures for its enforcement. As added by P.L.88-2009, SEC.15.

Sec. 8. (a) An enforcement authority may administer and enforce this chapter in conjunction with any enforcement or civil action under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-1-6, or IC 36-7-9. (b) Under all enforcement and civil actions designated under subsection (a), the enf…

Sec. 9. If an enforcement authority determines that a vacant structure or an abandoned structure exists, an abatement notice and order may be sent to the owner that directs the owner to: (1) abate the vacant structure or abandoned structure by cleaning and securing or boarding up…

Sec. 1. This chapter applies to all units except townships. As added by P.L.98-1993, SEC.7.

Sec. 10. (a) At the hearing specified in the notice under section 8 of this chapter, the works board shall do the following: (1) Hear interested persons. (2) Decide whether the benefits that will accrue to the property liable to be assessed for the improvement will equal the maxi…

Sec. 11. (a) The works board shall levy special assessments for the amount determined under section 10 of this chapter if: (1) the contract for the improvement is executed; and (2) the improvement is made. (b) The special assessments levied under this section may not exceed the c…

Sec. 12. (a) The works board shall make an allowance to the owner of any property if: (1) an improvement exists in front of the property before the improvement is ordered; and (2) the improvement conforms to the general plan. (b) An allowance under subsection (a) shall be made fr…

Sec. 13. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for the improvement, the works board may do any of the following: (1) Confirm the preliminary resolution. (2) Modify the preliminary resolution. (3)…

Sec. 14. (a) A majority of the persons who own the property to be assessed for the improvement may remonstrate against the improvement or take an appeal. The remonstrance or appeal must be made not later than ten (10) days after the hearing under section 10 of this chapter. (b) I…

Sec. 15. (a) If the works board finally orders an improvement, forty percent (40%) of the persons who own property abutting the improvement and who are subject to assessment may file written objections with the board. The written objections must: (1) state at least one (1) of the…

Sec. 16. (a) The court shall set a hearing as early as possible, but not later than twenty (20) days after the filing of the objections with the court. All interested parties shall appear in court without further notice. The unit may not hold further proceedings concerning the im…

Sec. 17. (a) The works board may require the owners of abutting property to construct or repair the owners' own sidewalks or curbs if the works board: (1) desires to improve or repair any sidewalks or curbs in the unit; and (2) adopts a final resolution to that effect. (b) The wo…

Sec. 18. (a) The works board may let a general contract for the making or repairing of all sidewalks or curbs of a specified material within the unit. The contract shall include an agreed price per square yard for the sidewalk construction. (b) If the contract is for work in a mu…

Sec. 19. (a) Assessments for the construction or repair of sidewalks or curbs shall be levied and collected according to this chapter. (b) The entire cost of the sidewalk or curb improvements or repairs that the board undertakes by one (1) resolution shall be assessed and apporti…

Sec. 2. (a) The following improvements may be made under this chapter by a county: (1) Sanitary sewers and sanitary sewer tap-ins. (2) Sidewalks. (3) Curbs. (4) Streets. (5) Storm sewers. (6) Lighting. (7) Emergency warning systems. (8) Any other structures necessary or useful fo…

Sec. 20. (a) This section does not apply to a county. (b) If the track of a railroad, an interurban, or an interurban street railroad occupies part of a street that is ordered improved under this chapter, the works board may, on petition of the railroad, provide in the plans and …

Sec. 21. (a) This section does not apply to a county. (b) The works board may grade the roadway of a street and assess the cost of the grading against the property specially benefited. (c) The works board may let the contract under the statutes regulating contractual authority of…

Sec. 22. (a) If the works board finally orders an improvement, the works board shall advertise for bids for the work as required by IC 36-1-12. (b) The advertisement must state the following: (1) That on the date named, the unit will receive bids for the improvement according to …

Sec. 23. (a) If the works board finally orders an improvement and has advertised for bids, the works board shall require each bidder to deposit with the bidder's bid, at the bidder's option, either a bid bond or a certified check to ensure the execution of the contract. (b) The b…

Sec. 24. (a) The contract for an improvement must be for the entire improvement. (b) After the execution of a contract for an improvement, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought: (1) …

Sec. 25. (a) A contractor for an improvement must guarantee the contractor's workmanship and all materials used in the work. (b) The guarantee required under subsection (a) must be in the following form: "The contractor warrants the contractor's workmanship and all materials used…

Sec. 26. (a) If repairs become necessary, the unit must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the unit may do the following: (1) Make the repairs using …

Sec. 27. (a) A contractor for an improvement is entitled to monthly estimates of the work done during each month. The estimates shall be made by the engineer of the unit and approved by the works board. (b) The works board shall issue to the contractor certificates for eighty-fiv…

Sec. 28. (a) An improvement that is completed according to contract must be accepted by the works board. (b) Upon the completion of an improvement according to contract, the cost of the improvement shall be estimated according to the entire length of the improvement. As added by …

Sec. 29. (a) The total cost of an improvement as determined under section 28(b) of this chapter, except for one-half (1/2) of the cost of street and alley intersections, shall be assessed on the abutting land or lots in the manner prescribed by this chapter. (b) The remaining one…

Sec. 3. (a) The following apply to improvements made under this chapter by a county: (1) An improvement may be made only in unincorporated areas that contain residential or business buildings. (2) An improvement may not be made on a tract of land that: (A) consists of at least te…

Sec. 30. (a) Lots, parcels, and tracts of land bordering on an improvement shall be assessed on the basis set forth in this chapter, without regard to the depth of the lots, parcels, or tracts back from the front line of the improvement. (b) After the final hearing before the wor…

Sec. 31. (a) As soon as a contract for an improvement has been completed, the works board shall have an assessment roll prepared for the property abutting on and adjacent to the improvement. The property abutting on and adjacent to the improvement is liable to assessment under th…

Sec. 32. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land on the assessment roll: (1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land. (2) The assessment is the final and conclusive assessment…

Sec. 33. (a) On the date fixed under section 32 of this chapter, the works board shall receive and hear all remonstrances from the owners of property described in the notice or the representatives of the owners. (b) After the hearing, the works board shall sustain or modify the p…

Sec. 34. (a) The works board shall complete the assessment roll and render the works board's decision by modifying or confirming the roll. The assessment roll shall show the total amount of special benefits opposite each name and a description of the property on the roll. When co…

Sec. 35. (a) The works board shall deliver a certified copy of the assessment roll completed under section 34 of this chapter to the disbursing officer of the unit after the works board: (1) approves and accepts the entire work under any contract; and (2) allows a final estimate.…

Sec. 36. (a) Upon receipt of the primary assessment roll, the disbursing officer shall by mail notify each affected person of the amount of the assessment against the person's property. (b) The notice must state when the assessment is due, or when the assessment installments are …

Sec. 37. (a) Except as provided in section 38 of this chapter, the entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment roll by the works board if an agreement has not been signed and filed under section 36 of …

Sec. 38. (a) If a property owner appeals the assessment made against the owner's property to the circuit court or superior court, the clerk of the court shall certify the judgment of the court to the unit's disbursing officer. The disbursing officer shall immediately notify the p…

Sec. 39. The following applies to any part of the assessment that the court orders to be assessed against the unit: (1) The assessment bears interest: (A) from the date of the final acceptance of the work; and (B) at a specified rate per year that is not less than the interest ra…

Sec. 4. (a) If the works board of a unit wants to make an improvement under this chapter, the works board must first do the following: (1) Adopt a preliminary resolution for the improvement. (2) Adopt and place on file cross-sections, general plans, and specifications for the wor…

Sec. 40. (a) The unit has a lien against each parcel of real property that is assessed for: (1) the construction, maintenance, or repair of an improvement; or (2) the taking of lands for any purpose of the unit. (b) The lien is established when the assessments are certified to th…

Sec. 41. (a) The disbursing officer of the unit shall do the following: (1) Receive the payment of assessment installments. (2) Keep all accounts and give proper vouchers for the payment of assessment installments. (b) Proceeds arising from assessments for the payment of a partic…

Sec. 42. If a bond owner receives a payment of interest or principal, or both, that was to have been collected under this chapter (or under IC 36-9-18 before its repeal in 1993) by the fiscal officer of a unit, the bond owner shall notify the fiscal officer of the payment. As add…

Sec. 43. (a) Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided. (b) If the …

Sec. 44. (a) The works board may issue bonds in anticipation of the collection of the assessments for an improvement. Except as provided in subsections (b) and (c), the bonds shall be issued and sold in the manner prescribed for other bonds of the unit. A unit issuing bonds under…

Sec. 45. (a) This section applies only to municipalities. (b) Bonds issued in anticipation of the collection of assessments for an improvement must bear the date of the completion of the improvement under the contract and the acceptance of the improvement by the works board. The …