February 28, 2003
HOUSE BILL No. 1473
_____
DIGEST OF HB 1473
(Updated February 26, 2003 1:43 PM - DI 108)
Citations Affected: IC 36-1.
Synopsis: Ordinance violations and liens. Specifies that the expense
incurred by a municipal corporation to bring real property into
compliance with an ordinance is a lien against the real property to a
maximum of $2,500 for real property that contains a Class 2 residential
structure and $10,000 for all other real property. Makes the lien
superior to all other liens except liens for taxes.
Effective: July 1, 2003.
January 15, 2003, read first time and referred to Committee on Financial Institutions.
February 27, 2003, amended, reported _ Do Pass.
February 28, 2003
First Regular Session 113th General Assembly (2003)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE BILL No. 1473
A BILL FOR 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)HB1473.1.1. -->
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, not to exceed
either:
(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);
may be made constitute a lien against the property. The lien is
superior to all other liens except liens for taxes.
(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.