Title 36, LOCAL GOVERNMENT

Sec. 9. The department may adopt rules under IC 4-22-2 to carry out this chapter. As added by P.L.187-2021, SEC.144.

Sec. 1. As used in this chapter, "Class B firefighting foam" means a foam intended for use in extinguishing flammable liquid fires. As added by P.L.22-2020, SEC.1.

Sec. 2. As used in this chapter, "person" means an individual, a corporation, a limited liability company, a partnership, or another legal entity. As added by P.L.22-2020, SEC.1.

Sec. 3. As used in this chapter, "PFAS chemical" means any chemical of a class of fluorinated organic chemicals, including: (1) perfluoroalkyl substances; and (2) polyfluoroalkyl substances; that contains at least one (1) fully fluorinated carbon atom and is used in firefighting …

Sec. 4. As used in this chapter, "state agency" means any agency, board, commission, department, bureau, or other entity of the administrative branch of Indiana state government. As added by P.L.22-2020, SEC.1.

Sec. 5. As used in this chapter, "testing" includes: (1) calibration testing; (2) conformance testing; and (3) fixed and mobile system testing. As added by P.L.22-2020, SEC.1.

Sec. 6. After June 30, 2020, a person, unit, or state agency: (1) shall not use for training purposes a Class B firefighting foam that contains an intentionally added PFAS chemical; and (2) for the purposes of training firefighters in the use of firefighting foam, may use only tr…

testing purposes Sec. 7. (a) After June 30, 2020, a person, unit, or state agency shall not use for testing purposes a Class B firefighting foam that contains intentionally added PFAS chemicals unless the testing facility has implemented appropriate containment, treatment, and di…

Sec. 8. This chapter does not prohibit or restrict: (1) the manufacture, sale, or distribution of Class B firefighting foam that contains intentionally added PFAS chemicals; or (2) the use of Class B firefighting foam that contains intentionally added PFAS chemicals in: (A) an em…

Sec. 1. This chapter applies to each county having a consolidated city. As added by Acts 1982, P.L.77, SEC.6.

Sec. 10. (a) If the commission determines that the proposed construction, reconstruction, alteration, or demolition will be appropriate, the secretary of the commission shall forthwith issue to the applicant a certificate of appropriateness. (b) The commission may impose any reas…

Sec. 11. (a) A hearing officer designated by the commission may conduct the public hearing provided for in this chapter on applications for a certificate of appropriateness. The commission may limit by rule or resolution the applications that a hearing officer may hear and determ…

Sec. 12. (a) Whenever the commission finds that the owner of property in any historic area has neglected to keep the property and premises in a clean, sanitary, and tidy condition or has failed to maintain any structure in a good state of repair and in a safe condition, the commi…

Sec. 13. (a) Except as provided in section 13.1 of this chapter, any building, structure, or land use in existence at the time of the adoption of the historic preservation plan that is not in conformity to or within the zoning classification or restrictions or requirements or arc…

Sec. 13.1. (a) The definitions used in this section apply only to this section. (b) As used in this section, "agricultural use" refers to land that is used for: (1) the production of livestock or livestock products, commercial aquaculture, equine or equine products, poultry or po…

Sec. 14. This chapter does not supersede IC 36-7-11.2 or IC 36-7-11.3 and is intended to supplement the following: (1) IC 36-7-4. (2) IC 36-7-11.2. (3) IC 36-7-11.3. As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.1-1995, SEC.82.

Sec. 2. As used in this chapter: "Commission" refers to the historic preservation commission appointed under section 3 of this chapter. "Historic area" means an area, within the county, declared by resolution of the historic preservation commission to be of historic or architectu…

Sec. 3. (a) The executive and the legislative body of the consolidated city shall appoint a commission of nine (9) members to be known as the "__________ Historic Preservation Commission" (including the name of the city). (b) The following apply to the appointment of members: (1)…

Sec. 4. (a) After consulting with the executive of the consolidated city and the director of the department of metropolitan development, the commission may appoint or remove an administrator. The administrator shall, in accordance with the personnel policies and practices of the …

Sec. 5. (a) The commission may do the following: (1) Acquire by purchase, gift, grant, bequest, devise, or lease any real or personal property needed for carrying out any of the purposes of this commission. Title to or interest in any real property acquired or held by the commiss…

Sec. 6. (a) The commission shall have its staff prepare proposed historic preservation plans for all appropriate areas of the county. Upon the commission's declaratory resolution of the historic or architectural significance of any area, structure, or site designated in it, the p…

Sec. 7. (a) The historic preservation plan may provide that certain categories of work accomplished in the historic area are exempt from the requirement imposed by section 9 of this chapter that a certificate of appropriateness be issued. Categories of work that may be exempted b…

Sec. 8. (a) After adoption of the historic preservation plan for any historic area, permits may be issued by the department of metropolitan development for the construction of any structure in the area or the reconstruction, alteration, or demolition of any structure in the area …

Sec. 9. (a) A person may not construct any exterior architectural structure or feature in any historic area, or reconstruct, alter, or demolish any such exterior or designated interior structure or feature in the area, until the person has filed with the secretary of the commissi…

Sec. 1. This chapter applies to each county having a consolidated city. As added by Acts 1982, P.L.77, SEC.13.

Sec. 10. (a) In exercising the power of eminent domain, the board shall proceed under IC 32-24. (b) The title to all real property acquired by the department shall be conveyed to "City of ______________". (c) The board may make and enter into contracts or agreements necessary or …

Sec. 11. (a) All property of every kind, including air rights, acquired for off-street parking purposes, and all its funds and receipts, are exempt from taxation for all purposes. When any real property is acquired by the consolidated city, the county auditor shall, upon certific…

Sec. 12. So long as any of the revenue bonds are outstanding, the consolidated city may not mortgage, pledge, or otherwise encumber any part of the property of the parking facility or facilities, or dispose of any part of them. However, equipment that is worn out and replaced or …

Sec. 13. (a) Space and air rights over a parking facility may be sold or leased to others for a lease period, including options and renewals, not to exceed ninety-nine (99) years, subject to the following: (1) Any sale or lease must comply with IC 36-1-11. (2) The deed or lease m…

Sec. 14. (a) All expenses to be incurred by the department, necessary to be paid before the issuance of bonds or the receipt of revenues by the department, shall be met and paid in the following manner: (1) The board shall from time to time certify an estimate of the maximum amou…

Sec. 15. (a) If the consolidated city desires to obtain all or a part of the money necessary to pay the cost of any parking facility or facilities by the issuance of revenue bonds, then bonds to carry out the purposes of this chapter may be authorized by ordinance of the legislat…

Sec. 16. (a) There is created a statutory lien upon the property acquired or improved from the proceeds of the bonds, to and in favor of the holders of the bonds, and each of them, and to and in favor of the holders of the coupons evidencing the interest on the bonds, to the exte…

Sec. 17. (a) All gifts, donations, bequests, devises, and proceeds derived from the sale of bonds, from the disposition of property, or any payments received or paid to the department for off-street parking purposes shall be delivered to the fiscal officer of the consolidated cit…

Sec. 18. (a) Whenever all bonds and other obligations of any particular parking facility have been fully paid and discharged, any surplus in any fund allocated for that purpose reverts to the general fund of the department. The fund may be used to make up and pay any deficiency t…

Sec. 19. Within ninety (90) days after the close of each calendar year, an operating and income statement of the parking facility or facilities shall be prepared by the fiscal officer of the consolidated city, and kept on file in the fiscal officer's office open to examination by…

Sec. 2. The construction, operation, and acquisition of property for parking facilities are public uses and purposes for which public money may be spent and private property may be acquired by the exercise of the power of eminent domain. As added by Acts 1982, P.L.77, SEC.13.

Sec. 3. As used in this chapter: "Board" refers to the board of transportation of the consolidated city, subject to IC 36-3-4-23. "Department" refers to the department of transportation of the consolidated city, subject to IC 36-3-4-23. As added by Acts 1982, P.L.77, SEC.13.…

Sec. 4. A member of the board or employee of the department may not have, either directly or indirectly, any pecuniary interest in any contract, purchase, or sale, or in any remuneration paid to or received by any other person, under this chapter, and any transaction made in whic…

Sec. 5. (a) The board shall do the following: (1) Investigate, study, and survey the off-street parking needs of the county. (2) Promote and encourage the development of parking facilities by private interests. (3) Cooperate with and secure the cooperation of the various departme…

Sec. 6. (a) Whenever it is found by the board that any area of the city is in need of an additional parking facility and that there is no reasonable prospect of it being supplied by private enterprise, the board may select a suitable site for it, and cause to be prepared a plat o…

Sec. 7. (a) Upon the adoption of the declaratory resolution by the board, the resolution, together with the supporting data, shall be submitted to the metropolitan development commission. The commission may determine whether the declaratory resolution and the proposed parking fac…

buildings or structures; costs of common facilities Sec. 8. (a) Real property constituting the site of parking facilities may be purchased by the board without purchasing the entire air rights over the site. In this event, a building, buildings, or other structures may be attache…

Sec. 9. (a) The board may obtain at any time from the owner or owners of the land required for the project or projects an option for its purchase, or may enter into a contract for its purchase upon such terms and conditions as the board considers best. However, the options or con…

Sec. 1. (a) The purpose of this chapter is to preserve: (1) from deterioration; (2) from improperly conceived or implemented change; and (3) for the continued health, safety, enjoyment, and general welfare of the citizens of Indiana; a historic, scenic, esthetically pleasing, and…

Sec. 10. As used in this chapter, "neighborhood association" means each of the following, including any successors whether an incorporated or unincorporated association: (1) The Butler-Tarkington neighborhood association. (2) The Meridian Street foundation. (3) The Meridian-Kessl…

Sec. 11. As used in this chapter, "notice" means written notice: (1) served personally upon the person, official, or office entitled to the notice; or (2) served upon the person, official, or office by placing the notice in the United States mail, first class postage prepaid, pro…