Indiana § 36-7-10-3 - Repealed

§ 36-7-10-3. Repealed

[Pre-Local Government Recodification Citation: 18-3-1-51.]

As added by Acts 1981, P.L.309, SEC.29. Amended by Acts 1981, P.L.310, SEC.70; P.L.84-1989, SEC.2. Repealed by P.L.89-1991, SEC.4.

IC 36-7-10.1Chapter 10.1. Removal of Weeds and Rank Vegetation

36-7-10.1-1Application of chapter 36-7-10.1-2Exclusions from application 36-7-10.1-3Ordinance; notice requirement 36-7-10.1-4Failure of real property owner to pay bill; methods of collection 36-7-10.1-5Disbursement of bill collections to general fund of department enforcing ordinance

IC 36-7-10.1-1Application of chapter Sec. 1. This chapter applies to each municipality or county.

As added by P.L.89-1991, SEC.3.

IC 36-7-10.1-2Exclusions from application Sec. 2. This chapter does not apply to the following:

(1) An ordinance adopted before May 15, 1991.

(2) An action taken by a municipal corporation under IC 36-1-6-2.

As added by P.L.89-1991, SEC.3.

IC 36-7-10.1-3Ordinance; notice requirement Sec. 3. (a) The legislative body of a municipality or county may by ordinance require the owners of real property located within the municipality or the unincorporated area of the county to cut and remove weeds and other rank vegetation growing on the property. As used in this chapter, "weeds and other rank vegetation" does not include agricultural crops, such as hay and pasture.

(b) An ordinance adopted under subsection (a) must specify the following:

(1) The department of the municipality or county responsible for the administration of the ordinance.

(2) The definitions of weeds and rank vegetation.

(3) The height at which weeds or rank vegetation becomes a violation of the ordinance, specifying the appropriate heights for various types of weeds and rank vegetation.

(4) The procedure for issuing notice to the owner of real property of a violation of the ordinance, including any procedures for issuing a continuous abatement notice under subsection (d).

(5) The procedure under which the municipality or county, or its contractors, may enter real property to abate a violation of the ordinance if the owner fails to abate the violation.

(6) The procedure for issuing a bill to the owner of real property for the costs incurred by the municipality or county in abating the violation, including administrative costs and removal costs. The cost of sending notice under subsection (c) is an administrative cost that may be billed to the owner under this subdivision.

(7) The procedure for appealing a notice of violation or a bill issued under the ordinance.

(c) An ordinance adopted under subsection (a) must provide that a notice sent to the property owner must be sent by first class mail or an equivalent service permitted under IC 1-1-7-1, to:

(1) the owner of record of real property with a single owner; or

(2) at least one (1) of the owners of real property with multiple owners;

at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice.

(d) If an initial notice of the violation of an ordinance adopted under this section was provided by certified mail, first class mail, or equivalent service under subsection (c), a continuous abatement notice may be posted at the property at the time of abatement instead of by certified mail, first class mail, or equivalent service as required under subsection (c). A continuous abatement notice serves as notice to the real property owner that each subsequent violation during the same year for which the initial notice of the violation was provided may be abated by the municipality or county, or its contractors.

As added by P.L.89-1991, SEC.3. Amended by P.L.113-2010, SEC.130; P.L.137-2012, SEC.119; P.L.203-2013, SEC.28.

IC 36-7-10.1-4Failure of real property owner to pay bill; methods of collection Sec. 4. (a) Except as provided in subsection (b), if the owner of real property fails to pay a bill issued under section 3 of this chapter within the time specified in the ordinance, the department specified in the ordinance shall certify to the county auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the municipality or county.

(b) If the owner of real property fails to pay a bill issued under section 3 of this chapter within the time specified in the ordinance, the municipality or county may bring an action in an appropriate court to collect the amount of the bill, plus any additional costs incurred in the collection, including court costs and reasonable attorney's fees. If the municipality or county obtains a judgment under this subsection, the municipality or county may obtain a lien in the amount of the judgment on any real or personal property of the owner.

As added by P.L.89-1991, SEC.3. Amended by P.L.203-2013, SEC.29.

IC 36-7-10.1-5Disbursement of bill collections to general fund of department enforcing ordinance Sec. 5. Notwithstanding section 4 of this chapter, the municipality or county may provide that the amounts collected shall be disbursed to the general fund of the department specified to enforce the ordinance.

As added by P.L.89-1991, SEC.3.

IC 36-7-11Chapter 11. Historic Preservation Generally

36-7-11-1Application of chapter 36-7-11-1.5"Commission" defined 36-7-11-2Continuation of existing historical preservation commissions; new commissions; commissions for the preservation of historic street area 36-7-11-3Legislative intent; conflicts between zoning districts and historic districts 36-7-11-4Commission; establishment 36-7-11-4.3Commission; authority to grant or deny certificate of appropriateness 36-7-11-4.6Commission; acquisition and disposition of property 36-7-11-5Concern for visual quality in historic district 36-7-11-6Maps of historic districts; classification of historic buildings and structures 36-7-11-7Approval of maps of historic districts 36-7-11-8Additional surveys and maps 36-7-11-8.5Interim protection 36-7-11-9Assistance from unit officials; legal counsel 36-7-11-10Construction projects within historic districts; certificates of appropriateness required; exception 36-7-11-11Applications for certificates of appropriateness 36-7-11-12Approval or denial of application for certificates of appropriateness 36-7-11-13Reconstruction, alteration, maintenance, and removal of historic buildings and structures; preservation of historic character 36-7-11-14Demolition of buildings following failure to secure certificates of appropriateness; notice 36-7-11-15Conformance to statutory requirements for buildings 36-7-11-16New buildings and nonhistoric buildings within historic districts; compatibility required; exception 36-7-11-17Compatibility factors; exception 36-7-11-18Ordinances; penalties for violations 36-7-11-19Phases; certificate of appropriateness; objections 36-7-11-20Changes in paint colors; exclusion from activities requiring certificate of appropriateness 36-7-11-21"Interested party" defined; private rights of action; allegations; bond; liability; attorney's fees and costs; revenue; other remedies 36-7-11-22Removal of classifications in certain counties 36-7-11-23Removal of historic district designation