Introduced Version






SENATE BILL No. 257

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 36-1-6-4.

Synopsis: Coordination of enforcement actions. Requires, before bringing certain civil actions relating to the use of property or unlicensed conduct, a municipal corporation in a consolidated city to take reasonable steps to determine whether another proceeding concerning that property or other property owned by the same owner is pending. Authorizes the municipal corporation to consolidate the actions or otherwise coordinate enforcement actions, and provides that the failure to determine whether another proceeding is pending does not provide a basis for dismissal or sanction.

Effective: July 1, 2009.





Breaux




    January 7, 2009, read first time and referred to Committee on Local Government.







Introduced

First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 257



    A BILL FOR AN ACT to amend the Indiana Code concerning civil procedure.

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

SOURCE: IC 36-1-6-4; (09)IN0257.1.1. -->     SECTION 1. IC 36-1-6-4, AS AMENDED BY P.L.194-2007, SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4. (a) A municipal corporation may bring a civil action as provided in IC 34-28-5-1 if a person:
        (1) violates an ordinance regulating or prohibiting a condition or use of property; or
        (2) engages in conduct without a license or permit if an ordinance requires a license or permit to engage in the conduct.
    (b) A court may take any appropriate action in a proceeding under this section, including any of the following actions:
        (1) Issuing an injunction.
        (2) Entering a judgment.
        (3) Ordering an inspection.
        (4) Ordering a property vacated.
        (5) Imposing a penalty not to exceed an amount set forth in IC 36-1-3-8(a)(10).
        (6) Imposing court costs and fees in accordance with IC 33-37-4-2

and IC 33-37-5.
        (7) Ordering a defendant to take appropriate action to bring a property into compliance with an ordinance within a specified time.
        (8) Ordering a municipal corporation to take appropriate action to bring a property into compliance with an ordinance in accordance with IC 36-1-6-2.
     (c) This subsection applies only to a consolidated city. Before bringing a civil action under this section, the municipal corporation shall take reasonable steps to determine whether another proceeding involving:
        (1) property that is the subject of the action under this section; or
        (2) other property owned by the person against whom the civil action is brought;

is pending before the health and hospital corporation or the Marion superior court, environmental division. If the municipal corporation determines that another proceeding is pending, the municipal corporation may consolidate the proceedings, if practicable, or otherwise coordinate enforcement actions concerning property owned by the person who is the subject of a civil action under this section. However, the municipal corporation's failure to take reasonable steps to determine whether another proceeding is pending is not a basis for dismissal or for any other sanction.