First Regular Session 113th General Assembly (2003)


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     HOUSE ENROLLED ACT No. 1473



     AN ACT to amend the Indiana Code concerning property.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 36-1-6-2; (03)HE1473.1.1. -->     SECTION 1. IC 36-1-6-2, AS AMENDED BY P.L.50-2002, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 2. (a) If a condition violating an ordinance of a municipal corporation exists on real property, officers of the municipal corporation may enter onto that property and take appropriate action to bring the property into compliance with the ordinance. However, before action to bring compliance may be taken, all persons holding a substantial interest in the property must be given a reasonable opportunity to bring the property into compliance. If the municipal corporation takes action to bring compliance, is taken by the municipal corporation, the expense involved the expenses incurred by the municipal corporation to bring compliance may be made constitute a lien against the property. The lien is superior to all other liens except liens for taxes, in an amount that does not exceed:
        (1) two thousand five hundred dollars ($2,500) for real property that:
            (A) contains one (1) or more occupied or unoccupied single or double family dwellings or the appurtenances or additions to those dwellings; or
            (B) is unimproved; or
        (2) ten thousand dollars ($10,000) for all other real property not described in subdivision (1).

    (b) If the violation described in subsection (a) is a violation that is located outdoors and does not involve a building or structure, the municipal corporation may also issue a bill to the owner of the real property for the costs incurred by the municipal corporation in bringing the property into compliance with the ordinance, including administrative costs and removal costs.
    (c) If the owner of the real property fails to pay a bill issued under subsection (b), the municipal corporation may 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 municipal corporation.


HEA 1473 _ Concur

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