Title 36, LOCAL GOVERNMENT

Sec. 11. (a) The commission may appoint and remove members of the department, except for a member in an upper level policymaking position. The executive of the unit or the governing board shall appoint and may remove a member in an upper level policymaking position. (b) The chief…

vacancies; physical agility test; probation Sec. 12. (a) Subject to IC 36-8-4.7, to be appointed to the department, an applicant must be: (1) a citizen of the United States; (2) a high school graduate or equivalent; and (3) at least twenty-one (21) years of age, but under forty (…

Sec. 13. (a) Rules governing promotions must provide that the following factors be considered in rating a member of the department for a promotion: (1) The score received by the member on a written competitive examination. (2) The score received by the member on an oral competiti…

Sec. 14. (a) Before a written competitive examination may be held to fill a current or expected vacancy in the ranks, the members eligible to take the examination must be notified of the written materials from which the questions will be taken. The commission may employ instructo…

Sec. 15. (a) The commission shall adopt rules for determining a performance rating. The rules must require that a performance rating be made at least once every six (6) months for each member of the department, including probationary members. The rating shall be made by one (1) o…

Sec. 16. (a) When a vacancy in rank occurs, the commission shall certify to the chief of the department the three (3) members with the highest scores on the eligibility list for that particular rank. Within six (6) months the commission, upon the recommendation of the chief, shal…

Sec. 17. (a) The commission may take the following disciplinary actions against a regular member of the department: (1) Suspension with or without pay. (2) Demotion. (3) Dismissal. If a member is suspended under this subsection, the member is entitled to the member's remuneration…

Sec. 18. (a) A member who is aggrieved by a decision of the commission to suspend the member for a period greater than ten (10) calendar days, demote the member, or dismiss the member may appeal to the circuit or superior court of the county as follows: (1) The county in which th…

Sec. 19. (a) In addition to the disciplinary powers of the commission, the chief of the department, may, without a hearing, reprimand or suspend without pay a member, including a police radio or signal alarm operator or a fire alarm operator, for a maximum of five (5) working day…

Sec. 19.3. (a) This section applies to a department that has at least one (1) certified employee, without regard to whether: (1) the employee is an appointed police officer or firefighter; or (2) the department has a merit system to which this chapter does not otherwise apply as …

Sec. 20. A member of the department shall retire from the department when the member reaches the member's seventieth birthday. However, a member of the department who is seventy (70) years of age or older at the time the ordinance or resolution establishing the merit system takes…

Sec. 21. (a) If it is necessary for the safety board or governing board to reduce the number of members of the department, the reduction shall be made by granting a temporary leave of absence, without pay or financial obligation to the unit, territory, or district, to the appropr…

Sec. 22. The department shall print all rules of the commission and furnish a copy to each member of the department. Amendments to the rules take effect thirty (30) days after their adoption if copies have been furnished to all members of the department within that period. Otherw…

Sec. 23. A commissioner who knowingly furnishes information to an applicant for original appointment or to a member eligible for promotion that gives that person an advantage over another person commits a Level 6 felony. [Local Government Recodification Citation: New.] As added b…

Sec. 3. (a) The legislative body of a unit (other than a township) may, by ordinance, establish a merit system under this chapter for the police or fire department of the unit. The legislative body of a township may, by resolution, establish a merit system under this chapter for …

Sec. 4. (a) Within sixty (60) days after the adoption of an ordinance or resolution establishing a merit system, the safety board or governing board shall give at least three (3) weeks' notice to all active members of the department that a meeting will be held to approve or rejec…

Sec. 5. (a) A majority of the active members of the department, by referendum under section 4 of this chapter, may request the: (1) unit's legislative body; or (2) governing board; to establish a merit system for the department. (b) The unit's legislative body or the governing bo…

Sec. 5.5. (a) This section applies to the following: (1) A unit that: (A) has an eligible police department or fire department; and (B) does not have a merit system established under: (i) this chapter; (ii) IC 36-1-4-14; or (iii) a prior statute and retained by ordinance as provi…

Sec. 6. (a) A merit commission consisting of five (5) commissioners shall be established for: (1) each department of a unit; (2) a district; or (3) a territory; having a merit system. (b) The commissioners of a unit are: (1) two (2) persons, who must be of different political par…

Sec. 7. (a) This subsection applies only to a unit. The term of a commissioner is four (4) years. However, one (1) of the executive's initial selections and one (1) of the department's initial selections are for terms of two (2) years. (b) This subsection applies only to a distri…

Sec. 8. (a) An election to be made by the active members of the department shall be made at a meeting called specifically for that purpose by the safety board or governing board. The safety board or governing board shall give at least three (3) weeks' notice of the meeting to all…

Sec. 9. (a) Not later than thirty (30) days after the commission is selected, the commission shall adopt rules to govern the commission, including the time and place of regular monthly meetings and special meetings that are necessary to transact the business of the commission. A …

Sec. 1. This chapter applies to each city in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000), in which the legislative body has, by ordinance, established a water department as a municipal utility or a depar…

Sec. 2. Notwithstanding IC 36-1-8-10, whenever the city's ordinance establishing a water department requires that an appointment to the board of trustees of the water department be conditioned upon the political affiliation of the appointee, or that the membership of the board no…

Sec. 3. Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, if a vacancy occurs on the board of trustees, the vacancy must be filled within thirty (30) days after the vacancy occurs. As added by P.L.320-1989, SEC.3.

Sec. 4. (a) Notwithstanding IC 8-1.5, IC 36-9-23, IC 36-9-24, IC 36-9-25, or any other law, a board member may not be removed from office except upon charges preferred before the city executive and a hearing held on them. The only permissible reasons for removal are neglect of du…

Sec. 1. As used in this chapter, "abandoned structure" means any of the following: (1) Commercial real property or a vacant structure on commercial real property that is used or was previously used for industrial or commercial purposes, and: (A) that the owner of the property or …

Sec. 10. (a) An owner of a property that remains a vacant structure or an abandoned structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500) per vacant structure or abandoned structure, not to exce…

Sec. 2. As used in this chapter, "enforcement authority" has the meaning set forth in IC 36-7-9-2. As added by P.L.88-2009, SEC.15.

Sec. 3. As used in this chapter, "hearing authority" has the meaning set forth in IC 36-7-9-2. As added by P.L.88-2009, SEC.15.

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…