Introduced Version
HOUSE BILL No. 1282
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 36-1-6-2; IC 36-2-11-16; IC 36-3-7-5.
Synopsis: Municipal liens and recording. Provides that when a
condition exists on real property that violates a local ordinance and is
cleaned up by the local unit, a lien attaches to the property for the cost
of the cleanup, and the lien is recorded. Provides that a bill for cleanup
related to a violation of a local ordinance is delinquent 30 days after the
date of issuance of the bill. Provides procedures for a municipal
corporation to follow relating to the collection of fees and penalties,
and recording and release of liens. Provides that if a county recorder
records a copy of a mortgage or an instrument, the copy has the same
effect as if the original document had been recorded. Provides that liens
for taxes levied by a consolidated city are perfected when evidenced on
the tax duplicate.
Effective: July 1, 2005.
Foley, Harris T
January 11, 2005, read first time and referred to Committee on Local Government.
Introduced
First Regular Session 114th General Assembly (2005)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in
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HOUSE BILL No. 1282
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 36-1-6-2; (05)IN1282.1.1. -->
SECTION 1. IC 36-1-6-2 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: 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 of at least ten (10) days but not more than
sixty (60) days to bring the property into compliance. If the municipal
corporation takes action to bring compliance, the expenses incurred by
the municipal corporation to bring compliance constitute a lien against
the property.
The lien attaches when notice of the lien is recorded in
the office of the county recorder in which the property is located.
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) The municipal corporation may 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, after thirty (30) days,
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.
(c) A bill issued under subsection (b) is delinquent if the owner
of the real property fails to pay the bill within thirty (30) days after
the date of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary,
the officer charged with the collection of fees and penalties for the
municipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceable
under this section, including the following:
(A) The name or names of the owner or owners of each lot
or parcel of real property on which fees are delinquent.
(B) A description of the premises, as shown on the records
of the county auditor.
(C) The amount of the delinquent fees and the penalty; or
(2) an instrument for each lot or parcel of real property on
which the fees are delinquent.
(e) The officer shall record a copy of each list or each
instrument with the county recorder, who shall charge a fee for
recording the list or instrument under the fee schedule established
in IC 36-2-7-10.
(f) A fee is not enforceable as a lien against a subsequent owner
of property unless the lien for the fee was recorded with the county
recorder before conveyance to the subsequent owner. If the
property is conveyed before the lien is recorded, the municipality
shall notify the person who owned the property at the time the fee
became payable. The notice must inform the person that payment,
including penalty fees for delinquencies, is due not less than fifteen
(15) days after the date of the notice. If payment is not received
within one hundred eighty (180) days after the date of the notice,
the amount due may be considered a bad debt loss.
(g) The municipality shall release:
(1) liens filed with the county recorder after the recorded date
of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a
representative of the title insurance company or the title insurance
company's agent that issued a title insurance policy to the
purchaser. The demand must state that the delinquent fees were
not incurred by the purchaser as a user, lessee, or previous owner
and that the purchaser has not been paid by the seller for the
delinquent fees.
(h) The county treasurer shall remove the fees, penalties, and
service charges that were not recorded before a recorded
conveyance to a subsequent owner upon receipt of a copy of the
written demand under subsection (g).
SOURCE: IC 36-2-11-16; (05)IN1282.1.2. -->
SECTION 2. IC 36-2-11-16 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 16. (a) This section
does not apply to:
(1) an instrument executed before November 4, 1943;
(2) a judgment, order, or writ of a court;
(3) a will or death certificate; or
(4) an instrument executed or acknowledged outside Indiana.
(b) Whenever this section prescribes that the name of a person be
printed, typewritten, or stamped immediately beneath
his the person's
signature, the signature must be written on the instrument, directly
preceding the printed, typewritten, or stamped name, and may not be
superimposed on that name so as to render either illegible. However,
the instrument may be received for record if the name and signature
are, in the discretion of the county recorder, placed on the instrument
so as to render the connection between the two apparent.
(c) The recorder may receive for record an instrument only if:
(1) the name of each person who executed the instrument is
legibly printed, typewritten, or stamped immediately beneath
his
the person's signature or the signature itself is printed,
typewritten, or stamped;
(2) the name of each witness to the instrument is legibly printed,
typewritten, or stamped immediately beneath
his the witness's
signature or the signature itself is printed, typewritten, or
stamped;
(3) the name of each notary public whose signature appears on the
instrument is legibly printed, typewritten, or stamped immediately
beneath his the notary's signature or the signature itself is
printed, typewritten, or stamped; and
(4) the name of each person who executed the instrument appears
identically in the body of the instrument, in the acknowledgment
or jurat, in his the person's signature, and beneath his the
person's signature;
or if subsection (d) is complied with.
(d) The recorder may receive for record an instrument that does not
comply with subsection (c) if:
(1) a printed or typewritten affidavit of a person with personal
knowledge of the facts is recorded with the instrument;
(2) the affidavit complies with this section;
(3) the affidavit states the correct name of a person, if any, whose
signature cannot be identified or whose name is not printed,
typewritten, or stamped on the instrument as prescribed by this
section; and
(4) when the instrument does not comply with subsection (c)(4),
the affidavit states the correct name of the person and states that
each of the names used in the instrument refers to the person.
(e) The recorder may shall record a document presented for
recording or a copy produced by a photographic process of the
document presented for recording if:
(1) the document complies with other statutory recording
requirements; and
(2) the document or copy will produce a clear and unobstructed
copy.
All copies accepted for recording shall be marked as copies by the
recorder.
(f) An instrument, document, or copy received and recorded by a
county recorder is conclusively presumed to comply with this section.
The copy has the same effect as if the original document had been
recorded.
SOURCE: IC 36-3-7-5; (05)IN1282.1.3. -->
SECTION 3. IC 36-3-7-5 IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2005]: Sec. 5. (a) Liens for taxes levied by the
consolidated city are perfected when
certified to the auditor of the
county. evidenced on the tax duplicate in the office of the treasurer
of the county.
(b) Liens created when the city enters upon property to make
improvements to bring it into compliance with a city ordinance, and
liens created upon failure to pay charges assessed by the city for
services shall be certified to the auditor, after the adoption of a
resolution confirming the incurred expense by the appropriate city
department, board, or other agency. In addition, the resolution must
state the name of the owner as it appears on the township assessor's
record and a description of the property. These liens are perfected when
certified to the auditor.
(c) The amount of a perfected lien shall be placed on the tax
duplicate by the auditor in the nature of a delinquent tax subject to
enforcement and collection as otherwise provided under IC 6-1.1-22,
IC 6-1.1-24, and IC 6-1.1-25. However, the amount of the lien is not
considered a tax within the meaning of IC 6-1.1-21-2(b) and shall not
be included as a part of either a total county tax levy under
IC 6-1.1-21-2(g) or the tax liability of a taxpayer under IC 6-1.1-21-5
for purposes of the tax credit computations under IC 6-1.1-21-4 and
IC 6-1.1-21-5.