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Indiana General Assembly
House Bill 1358


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House Bill 1358

ARCHIVE (2009)

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DIGEST OF HB 1358 (Updated April 29, 2009 10:58 pm - DI 52)

Local government. Applies restrictions on purchasing real property at a tax sale to a person who owns a fee interest, a life estate interest, or the equitable interest of a contract purchaser in a vacant or abandoned structure subject to an enforcement order concerning a nuisance or an unsafe building. Provides that a person not having a contractual interest in a vacant or abandoned property commits criminal trespass if: (1) a law enforcement officer who has a reasonable suspicion that criminal activity has occurred or is occurring prohibits the person from entering or asks the person to leave the property; and (2) the person knowingly or intentionally enters or refuses to leave the property. Provides that a person commits criminal trespass if the person knowingly or intentionally enters a vacant or abandoned property subject to an abatement order after being denied entry by a court order issued to the person or issued to the general public by posting on or around the premises. Defines a "continuous enforcement order" as an order that: (1) is issued for compliance or abatement and remains in full force and effect without further compliance and abatement authority orders for the same or similar violations; (2) authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement; (3) can be enforced without additional notice or hearing; and (4) authorizes the enforcement authority to assess and collect ongoing costs for continuous enforcement order activities from any party that is subject to the enforcement authority's order. Allows a municipal corporation to enforce a continuous enforcement order requiring compliance with an ordinance without issuing additional notice. In a civil proceeding to enforce an ordinance of a municipal corporation, allows a court to: (1) issue a continuous enforcement order; (2) order the suspension or revocation of a license; and (3) order demolition of a structure. Directs a hearing authority under the unsafe building law that affirms or modifies an order to issue a continuous enforcement order. Provides that if a second or subsequent civil judgment is entered against a property owner (relating to the same or a different property) a court may order the owner to pay treble damages based on the costs of the ordered action. Adds provisions regarding abatement of vacant and abandoned structures that a municipality or county may adopt by ordinance. Provides that an owner of a vacant structure or an abandoned structure may be liable for civil penalties if the owner fails to act to change the status of the property as vacant or abandoned. Requires the mayor to appoint five members and the city-county council to appoint four members of the Indianapolis Historic Preservation Commission. (Current law requires the mayor to appoint all nine members.) Requires the city-county council to appoint one member who is a resident of a historic district. (Current law requires the mayor to appoint at least one member who is a resident of a historic district.) Allows the city-county council to appoint one member and the mayor to appoint two members from lists of names submitted by the Historic Landmarks Foundation of Indiana and the historical society of Marion County. Allows the mayor to appoint one member who is a member of the metropolitan development commission. Allows the mayor and the city-county council to each appoint a member from a list of names submitted by the local chapter of the American Institute of Architects. (Current law provides that the mayor makes the discretionary appointments.) Provides that a member appointed before July 1, 2009, continues to serve as a member of the commission after June 30, 2009, until the member's term expires or the executive removes the member for cause. Provides that if the executive removes the member for cause, the executive shall appoint a successor to serve for the remainder of the vacated term. Amends the provisions authorizing political subdivisions to borrow the money necessary to finance a public work project from a financial institution to allow political subdivisions to also borrow to finance an eligible efficiency project that costs not more than $3,000,000. Defines "eligible efficiency project" as a project that is necessary or useful to: (1) carrying out an interlocal cooperation agreement entered into by two or more political subdivisions or governmental entities; or (2) the consolidation of local government services. Authorizes a municipality to borrow money from a municipally owned utility to carry out an eligible efficiency project within the municipality. Provides that property tax proceeds allocated under tax increment financing may be used to carry out an eligible efficiency project only if those property tax proceeds are in excess of the amount necessary to make certain other payments (including payments of principal and interest on bonds and other obligations, payments of premiums on the redemption before maturity of bonds, and payments on leases).
Current Status:
 Law Enacted
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