Title 36, LOCAL GOVERNMENT

Sec. 2. As used in this chapter: "Building or structure" means anything constructed or erected: (1) with a roof supported by columns or walls; (2) to serve as a shelter or enclosure; or (3) the use of which requires location on or attachment to the ground. The term includes a man…

Sec. 20. (a) A court acting under section 17 of this chapter may appoint a receiver for the unsafe premises, subject to the following conditions: (1) The purpose of the receivership must be to take possession of the unsafe premises for a period sufficient to accomplish and pay fo…

Sec. 20.5. (a) This section applies only to property determined to be: (1) an unsafe premises under this chapter; and (2) abandoned under IC 36-7-37. (b) The circuit court of the county in which the unit is located shall appoint the hearing authority. (c) A city, town, or county …

Sec. 21. (a) A court acting under section 17 of this chapter may authorize the department, acting through its enforcement authority, to cause the action required by the order to be performed by a contractor licensed and qualified under law, if it is shown that: (1) an order was i…

Sec. 22. (a) A court acting under section 17 of this chapter may set a hearing to be held within ten (10) days after the filing of a complaint alleging the existence of unsafe premises presenting an immediate danger to the health and safety of the surrounding community sufficient…

Sec. 23. A change of venue may not be allowed in an action filed under section 8, 13, or 17 of this chapter, but a change of judge shall be allowed in the same manner as is provided for other civil matters. [Pre-Local Government Recodification Citation: 18-5-5.5-19 part.] As adde…

Sec. 24. An action filed under section 8 or 17 of this chapter takes precedence over other pending litigation, and shall be tried and determined by the court at as early a date as possible. [Pre-Local Government Recodification Citation: 18-5-5.5-21.] As added by Acts 1981, P.L.30…

Sec. 25. (a) Notice of orders, notice of continued hearings without a specified date, notice of a statement that public bids are to be let, and notice of claims for payment must be given by: (1) sending a copy of the order or statement by registered or certified mail to the resid…

Sec. 26. (a) The enforcement authority shall record in the office of the county recorder orders issued under section 5(a)(6), 5(a)(7), 6(a), or 7.5 of this chapter. If the enforcement authority records an order issued under section 5(a)(6), 5(a)(7), 6(a), or 7.5 of this chapter, …

Sec. 27. (a) A person who has been issued and has received notice of an order relative to unsafe premises and has not complied with that order: (1) must supply full information regarding the order to a person who takes or agrees to take a substantial property interest in the unsa…

Sec. 28. A person who: (1) remains in, uses, or enters a building in violation of an order made under this chapter; (2) knowingly interferes with or delays the carrying out of an order made under this chapter; (3) knowingly obstructs, damages, or interferes with persons engaged o…

Sec. 29. (a) This section applies to a person if: (1) an order is issued to the person under this chapter requiring action related to an unsafe premises: (A) owned by the person and leased to another person; or (B) being purchased by the person under a contract and leased to anot…

Sec. 3. The legislative body of a municipality or county may adopt this chapter by ordinance. The ordinance must specify the executive department of the unit responsible for the administration of this chapter or establish such a department. However, in a municipality in which a c…

Sec. 4. (a) For purposes of this chapter, a building or structure, or any part of a building or structure, that is: (1) in an impaired structural condition that makes it unsafe to a person or property; (2) a fire hazard; (3) a hazard to the public health; (4) a public nuisance; (…

Sec. 4.5. (a) In Indiana, especially in urban areas, there exist a large number of unoccupied structures that are not maintained and that constitute a hazard to public health, safety, and welfare. (b) Vacant structures often become dilapidated because the structures are not maint…

Sec. 5. (a) The enforcement authority may issue an order requiring action relative to any unsafe premises, including: (1) vacating of an unsafe building; (2) sealing an unsafe building against intrusion by unauthorized persons, in accordance with a uniform standard established by…

Sec. 6. (a) The enforcement authority may issue an order that modifies the order previously issued. (b) The enforcement authority may rescind an order previously issued, even if the order has been affirmed by the hearing authority. [Pre-Local Government Recodification Citations: …

Sec. 7. (a) A hearing must be held relative to each order of the enforcement authority, except for an order issued under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter. An order issued under section 5(a)(2), 5(a)(3), 5(a)(4), 5(a)(5), or 7.5 of this chapter be…

Sec. 7.5. (a) This section applies to an order issued under section 5(a)(5) of this chapter for which a hearing was not requested as provided in section 7 of this chapter. (b) If the person to whom the order was issued fails or refuses to comply with the order within sixty (60) d…

Sec. 8. (a) An action taken by the hearing authority under section 7(d), 7(e), or 9(d) of this chapter or a finding by the hearing authority of abandonment under IC 36-7-37 is subject to review by the circuit or superior court of the county in which the unsafe premises are locate…

Sec. 9. (a) If the enforcement authority finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety, or property, it may take that action without issuing an order or giving notice. However, this emergency action must be limited to r…

Sec. 1. This chapter applies to all towns. [Local Government Recodification Citation: New.] As added by Acts 1981, P.L.309, SEC.60.

Sec. 2. The legislative body of a town may by ordinance: (1) abolish the office of town marshal; and (2) establish a board of metropolitan police commissioners (referred to as "the board" in this chapter). [Pre-Local Government Recodification Citation: 19-1-25-1 part.] As added b…

Sec. 3.1. (a) An ordinance adopted under section 2 of this chapter must provide as follows: (1) The board must consist of either of the following number of members: (A) Three (3) members. If the ordinance provides for a three (3) member board, not more than two (2) board members …

Sec. 4. (a) The board may appoint, subject to the qualifications for employment determined by the board and approved by the town legislative body, as many persons as necessary to serve in the police department of the town. One (1) person shall be appointed to serve as the police …

Sec. 5. The town legislative body shall appropriate a sum sufficient to pay the salaries of the members of the town police department. [Pre-Local Government Recodification Citation: 19-1-25-3.] As added by Acts 1981, P.L.309, SEC.60.

Sec. 6. (a) The operation, management, and control of a police department under this chapter is governed by statutes applicable to the management and control of other municipal police departments if those statutes are consistent with this chapter. (b) The members of the police de…

Sec. 7. (a) The board may provide that all appointments to the police department are probationary for a period not to exceed one (1) year. (b) If the board finds, upon the recommendation of the chief of the department during the probationary period, that the conduct or capacity o…

Sec. 8. (a) As used in this section, "police officer" means a current or former full-time, paid police officer. (b) A town shall pay for the care of a police officer who: (1) suffers an injury; or (2) contracts an illness; during the performance of the police officer's duty. (c) …

Sec. 9. (a) As used in this section, "body armor" has the meaning set forth in IC 35-47-5-13(a). (b) After December 31, 2010, a town shall provide an active member of the police department of the town with body armor for the torso. The town shall replace the body armor for the to…

Sec. 1. This chapter applies to all municipalities. [Pre-Local Government Recodification Citation: 19-5-24-16.] As added by Acts 1981, P.L.309, SEC.82.

Sec. 10. (a) After an electrical lighting system has been completed and is ready for operation, the municipal works board shall assess the real property in the city block or blocks affected for the proportionate part of the annual lighting cost and, in the case of a system of orn…

Sec. 11. (a) Six (6) months before the expiration of a contract or order entered into or made under section 5 of this chapter, the municipal works board may: (1) negotiate and enter into a new contract; (2) extend the current contract; (3) procure an order of the commission; or (…

Sec. 12. (a) Whenever a lighting system has been established in accordance with this chapter, and an owner of property within any city block or blocks included in the system wants lighting facilities in front of or near the owner's property that: (1) are additional to those descr…

Sec. 13. (a) Whenever: (1) a lighting service has been established in accordance with this chapter or under another contract or arrangement; and (2) at least sixty percent (60%) of the property owners upon one (1) side of the street on a city block or blocks lighted by the servic…

Sec. 2. As used in this chapter, "city block" means both sides of the part of a public street that lies between two (2) intersecting public streets. [Pre-Local Government Recodification Citation: 19-5-24-1 part.] As added by Acts 1981, P.L.309, SEC.82.

Sec. 3. (a) The owner or owners of real property that fronts or abuts upon a public street or thoroughfare may sign and file with the municipal works board their petition requesting that there be constructed, erected, installed, maintained, and operated: (1) an electric system of…

Sec. 4.1. At the time specified in the notice under section 3 of this chapter, the municipal works board shall conduct a hearing of any remonstrance on file. If, at the hearing, the works board finds that: (1) the lighting system will not be of public benefit; or (2) the annual b…

Sec. 5. (a) When the declaratory resolution, as originally adopted or as modified, has been confirmed, the municipal works board shall notify and negotiate with any utility that operates and supplies electrical current within the municipality. The works board shall attempt to ent…

Sec. 6. (a) All street lamps or systems of lighting constructed, erected, or installed must be uniform in style and shall be installed under the supervision of: (1) the municipal civil engineer; or (2) some other competent person; as determined by the municipal works board. If th…

Sec. 7. The municipality shall make to the utility operating the lighting system all payments required to be made to the utility for its service, in strict accordance with the terms of the contract or order under which the utility is operating. The municipality shall make the pay…

Sec. 8. (a) For purposes of this section, all light posts that are: (1) located on the street upon which a lighting system is installed; and (2) within fifty (50) feet of the nearest part of another street intersecting that street; are considered to be at a street intersection. (…

Sec. 9. (a) The municipality shall pay from its general fund or from a fund set aside for street lighting purposes: (1) the entire annual cost of lighting at street intersections under section 8 of this chapter; and (2) not less than thirty-five percent (35%) of the annual cost o…

Sec. 1. This chapter applies to each county having a consolidated city. As added by Acts 1982, P.L.77, SEC.28.

Sec. 10. (a) Unless there are bonds or notes outstanding under this chapter and secured in whole or in part by money deposited in the capital improvement bond fund, the proceeds of excise taxes received from the treasurer of the state shall be deposited in a separate and distinct…

Sec. 11. (a) If there are any outstanding bonds or notes issued under this chapter and secured in whole or in part by money deposited in the capital improvement bond fund, the treasurer of the board shall, except as otherwise provided in this section, deposit the following amount…