The Senate Committee on Local Government, to which was referred House Bill No. 1358, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:
installment or before that are delinquent as determined under
IC 6-1.1-37-10. The county executive must make a certification
under this subdivision not later than sixty-one (61) days before
the earliest date on which application for judgment and order for
sale may be made.
(3) Any unpaid costs are due under section 2(b) of this chapter from a prior tax sale.
(b) The county auditor shall maintain a list of all real property eligible for sale. Unless the taxpayer pays to the county treasurer the amounts in subsection (a), the taxpayer's property shall remain on the list. The list must:
(1) describe the real property by parcel number and common address, if any;
(2) for a tract or item of real property with a single owner, indicate the name of the owner; and
(3) for a tract or item with multiple owners, indicate the name of at least one (1) of the owners.
(c) Except as otherwise provided in this chapter, the real property so listed is eligible for sale in the manner prescribed in this chapter.
(d) Not later than fifteen (15) days after the date of the county treasurer's certification under subsection (a), the county auditor shall mail by certified mail a copy of the list described in subsection (b) to each mortgagee who requests from the county auditor by certified mail a copy of the list. Failure of the county auditor to mail the list under this subsection does not invalidate an otherwise valid sale.
(e) After the date the treasurer certifies the list under subsection (a), and before the date on which tax sale certificates on the properties are offered for sale, political subdivisions in the county may not certify to the county auditor or county treasurer any special assessments, fees, penalties, or charges for collection. The only charges allowable for collection during this period are for real property tax payments under IC 6-1.1 that are due during this period and any penalties.".
this chapter to pay all delinquent property taxes, special
assessments, penalties, and interest that are due and owing on the
date of the sale, or pay any amount of redemption if a tax sale
certificate is outstanding. If the taxes or redemption amount is not
paid in full by the date of the sale, the sheriff shall cancel the sale.
The sheriff may not conduct a subsequent sale unless another
praecipe for a sheriff's sale is filed under section 3(b) of this
chapter and all other requirements under this chapter for a
sheriff's sale are fulfilled.
enforcement authority to be a vacant property or an
abandoned property; and
(B) is subject to an abatement order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36;
commits criminal trespass, a Class A misdemeanor. However, the offense is a Class D felony if it is committed on a scientific research facility, on school property, or on a school bus or the person has a prior unrelated conviction for an offense under this section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of this section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner that is either prescribed by law or likely to come to the attention of the public; or
(3) a hearing authority or court order under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
(c) A law enforcement officer may not deny entry to property or ask a person to leave a property under subsection (a)(7) unless there is reasonable suspicion that criminal activity has occurred or is occurring.
(d) A person described in subsection (a)(7) violates subsection (a)(7) unless the person has the written permission of the owner, owner's agent, enforcement authority, or court to come onto the property for purposes of performing maintenance, repair, or demolition.
(e) A person described in subsection (a)(8) violates subsection (a)(8) unless the court that issued the order denying the person entry grants permission for the person to come onto the property.
(c) (f) Subsections (a), and (b), and (e) do not apply to the
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue a person or animal from harm's way or to remove an object that
the person reasonably believes poses an imminent threat to life or
(5) A person on the station grounds or in the depot of a railroad carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(A) person; or
(i) family member;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a private crossing site approved by the railroad carrier to obtain access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier to go on specified railroad property.
(8) A representative of the Indiana department of transportation while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board while engaged in the performance of official duties.
required for human habitation, occupancy, or use by a statute, a
rule adopted under IC 4-22-2, or an ordinance;
(6) demolition and removal of part of an unsafe building;
(7) demolition and removal of an unsafe building
(A) the general condition of the building warrants removal; or
(B) the building continues to require reinspection and additional abatement action after an initial abatement action was taken pursuant to notice and an order; and
(8) requiring, for an unsafe building that will be sealed for a period of more than ninety (90) days:
(A) sealing against intrusion by unauthorized persons and the effects of weather;
(B) exterior improvements to make the building compatible in appearance with other buildings in the area; and
(C) continuing maintenance and upkeep of the building and premises;
in accordance with standards established by ordinance.
Notice of the order must be given under section 25 of this chapter. The ordered action must be reasonably related to the condition of the unsafe premises and the nature and use of nearby properties. The order supersedes any permit relating to building or land use, whether that permit is obtained before or after the order is issued.
(b) The order must contain:
(1) the name of the person to whom the order is issued;
(2) the legal description or address of the unsafe premises that are the subject of the order;
(3) the action that the order requires;
(4) the period of time in which the action is required to be accomplished, measured from the time when the notice of the order is given;
(5) if a hearing is required, a statement indicating the exact time and place of the hearing, and stating that person to whom the order was issued is entitled to appear at the hearing with or without legal counsel, present evidence, cross-examine opposing witnesses, and present arguments;
(6) if a hearing is not required, a statement that an order under subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10)
days after notice is given, unless a hearing is requested in writing
by a person holding a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises, and the
request is delivered to the enforcement authority before the end
of the ten (10) day period;
(7) a statement briefly indicating what action can be taken by the enforcement authority if the order is not complied with;
(8) a statement indicating the obligation created by section 27 of this chapter relating to notification of subsequent interest holders and the enforcement authority; and
(9) the name, address, and telephone number of the enforcement authority.
(c) The order must allow a sufficient time, of at least ten (10) days, but not more than sixty (60) days, from the time when notice of the order is given, to accomplish the required action. If the order allows more than thirty (30) days to accomplish the action, the order may require that a substantial beginning be made in accomplishing the action within thirty (30) days.
(d) The order expires two (2) years from the day the notice of the order is given, unless one (1) or more of the following events occurs within that two (2) year period:
(1) A complaint requesting judicial review is filed under section 9 of this chapter.
(2) A contract for action required by the order is let at public bid under section 11 of this chapter.
(3) A civil action is filed under section 17 of this chapter.
(10) days after notice of the order is given. The hearing authority may,
however, take action at the hearing, or before the hearing if a written
request is received by the enforcement authority not later than five (5)
days after notice is given, to continue the hearing to a business day not
later than fourteen (14) days after the hearing date shown on the order.
Unless the hearing authority takes action to have the continued hearing
held on a definite, specified date, notice of the continued hearing must
be given to the person to whom the order was issued at least five (5)
days before the continued hearing date, in the manner prescribed by
section 25 of this chapter. If the order being considered at the
continued hearing was served by publication, it is sufficient to give
notice of the continued hearing by publication unless the enforcement
authority has received information in writing that enables it to make
service under section 25 of this chapter by a method other than
(c) The person to whom the order was issued, any person having a substantial property interest in the unsafe premises that are the subject of the order, or any other person with an interest in the proceedings may appear in person or by counsel at the hearing. Each person appearing at the hearing is entitled to present evidence, cross-examine opposing witnesses, and present arguments.
(d) At the conclusion of any hearing at which a continuance is not granted, the hearing authority may make findings and take action to:
(1) affirm the order;
(2) rescind the order; or
(3) modify the order, but unless the person to whom the order was issued, or counsel for that person, is present at the hearing, the hearing authority may modify the order in only a manner that makes its terms less stringent.
(e) In addition to affirming the order, in those cases in which the hearing authority finds that there has been a willful failure to comply with the order, the hearing authority may impose a civil penalty in an amount not to exceed five thousand dollars ($5,000). The effective date of the civil penalty may be postponed for a reasonable period, after which the hearing authority may order the civil penalty reduced or stricken if the hearing authority is satisfied that all work necessary to fully comply with the order has been done. For purposes of an appeal under section 8 of this chapter or enforcement of an order under section
17 of this chapter, action of the hearing authority is considered final
upon the affirmation of the order, even though the hearing authority
may retain jurisdiction for the ultimate determination related to the
civil penalty. In the hearing authority's exercise of continuing
jurisdiction, the hearing authority may, in addition to reducing or
striking the civil penalty, impose one (1) or more additional civil
penalties in an amount not to exceed five thousand dollars ($5,000) per
civil penalty. An additional civil penalty may be imposed if the hearing
authority finds that:
(1) significant work on the premises to comply with the affirmed order has not been accomplished; and
(2) the premises have a negative effect on property values or the quality of life of the surrounding area or the premises require the provision of services by local government in excess of the services required by ordinary properties.
(f) If, at a hearing, a person to whom an order has been issued requests an additional period to accomplish action required by the order, and shows good cause for this request to be granted, the hearing authority may grant the request. However, as a condition for allowing the additional period, the hearing authority may require that the person post a performance bond to be forfeited if the action required by the order is not completed within the additional period.
(g) If an order is affirmed or modified, the hearing authority shall issue a continuous enforcement order as provided for in IC 36-1-6-4(c).
(g) (h) The board or commission having control over the department
shall, at a public hearing, after having given notice of the time and
place of the hearing by publication in accordance with IC 5-3-1, adopt
a schedule setting forth the maximum amount of performance bonds
applicable to various types of ordered action. The hearing authority
shall use this schedule to fix the amount of the performance bond
required under subsection (f).
(h) (i) The record of the findings made and action taken by the
hearing authority at the hearing shall be available to the public upon
request. However, neither the enforcement authority nor the hearing
authority is required to give any person notice of the findings and
(i) (j) If a civil penalty under subsection (e) is unpaid for more than
fifteen (15) days after payment of the civil penalty is due, the civil
penalty may be collected from any person against whom the hearing
officer assessed the civil penalty or fine. A civil penalty or fine may be
collected under this subsection in the same manner as costs under
section 13 or 13.5 of this chapter. The amount of the civil penalty or
fine that is collected shall be deposited in the unsafe building fund.
shall adopt rules and procedures for its enforcement.
Sec. 7. (a) An enforcement authority may administer and enforce this chapter in conjunction with a civil action under IC 32-30-6, IC 32-30-7, IC 32-30-8, IC 36-1-6, or IC 36-7-9.
(b) Under all enforcement and civil actions undertaken under subsection (a), the enforcement authority is entitled to recover court costs and attorney's fees.
Sec. 8. If an enforcement authority determines that a vacant structure or an abandoned structure exists, an abatement notice and order may be sent to the owner that directs the owner to:
(1) abate the vacant structure or abandoned structure by cleaning and securing or boarding up the vacant structure or abandoned structure and the premises upon which it is located; and
(2) erect fences, barriers, berms, or other suitable means to discourage:
(A) access to the vacant structure or abandoned structure; and
(B) illegal dumping or littering on the premises upon which the vacant structure or abandoned structure exists.
Sec. 9. (a) An owner of a property that remains a vacant structure or an abandoned structure for at least ninety (90) consecutive calendar days may be liable for a civil penalty in the amount of five hundred dollars ($500) per vacant structure or abandoned structure, not to exceed five thousand dollars ($5,000) per structure per year, unless:
(1) documentation has been filed and approved by the enforcement authority that indicates the owner's intent to eliminate the vacant structure or abandoned structure status of the property;
(2) the owner is current on all property taxes and special assessments; and
(3) at least one (1) of the following applies:
(A) The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the structure as defined in the enforcement order.
and when so amended that said bill do pass.
Committee Vote: Yeas 9, Nays 0.