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.
January 7, 2009, read first time and referred to Committee on Local Government.
A BILL FOR AN ACT to amend the Indiana Code concerning civil
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.