§ 36-1-6-2 — Action to bring compliance with ordinance conditions; expense as lien against property; enforcement of delinquent fees and penalties

(a) If a condition violating an ordinance of a
municipal corporation exists on real property, employees or contractors
of a 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 of at least ten (10) days but not more than
sixty (60) days to bring the property into compliance. Continuous
enforcement orders (as defined in IC 36-7-9-2) can be enforced and
liens may be assessed without the need for additional notice. If the
municipal corporation takes action to bring compliance, the expenses
incurred by the municipal corporation to bring compliance constitute
a lien against the property. The lien attaches when notice of the lien is
recorded in the office of the county recorder in which the property is
located. The lien is superior to all other liens except liens for taxes, in
an amount that does not exceed:
(1) ten thousand dollars ($10,000) 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) twenty thousand dollars ($20,000) for all other real property
not described in subdivision (1).
(b) The municipal corporation may 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) A bill issued under subsection (b) is delinquent if the owner of
the real property fails to pay the bill within thirty (30) days after the
date of the issuance of the bill.
(d) Whenever a municipal corporation determines it necessary, the
officer charged with the collection of fees and penalties for the
municipal corporation shall prepare:
(1) a list of delinquent fees and penalties that are enforceable
under this section, including:
(A) the name or names of the owner or owners of each lot or
parcel of real property on which fees are delinquent;
(B) a description of the premises, as shown on the records of
the county auditor; and
(C) the amount of the delinquent fees and the penalty; or
(2) an instrument for each lot or parcel of real property on which
the fees are delinquent.
(e) The officer shall record a copy of each list or each instrument
with the county recorder, who shall charge a fee for recording the list
or instrument under the fee schedule established in IC 36-2-7-10.
(f) The amount of a lien shall be placed on the tax duplicate by the
auditor. The total amount, including any accrued interest, shall be
collected in the same manner as delinquent taxes are collected and
shall be disbursed to the general fund of the municipal corporation.
(g) A fee is not enforceable as a lien against a subsequent owner of
property unless the lien for the fee was recorded with the county
recorder before conveyance to the subsequent owner. If the property is
conveyed before the lien is recorded, the municipal corporation shall
notify the person who owned the property at the time the fee became
payable. The notice must inform the person that payment, including
penalty fees for delinquencies, is due not later than fifteen (15) days
after the date of the notice. If payment is not received within one
hundred eighty (180) days after the date of the notice, the amount due
may be considered a bad debt loss.
(h) The municipal corporation shall release:
(1) liens filed with the county recorder after the recorded date of
conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a written demand from the purchaser or a representative
of the title insurance company or the title insurance company's agent
that issued a title insurance policy to the purchaser. The demand must
state that the delinquent fees were not incurred by the purchaser as a
user, lessee, or previous owner and that the purchaser has not been paid
by the seller for the delinquent fees.
(i) The county auditor shall remove the fees, penalties, and service
charges that were not recorded before a recorded conveyance to a
subsequent owner upon receipt of a copy of the written demand under
subsection (h).
[Pre-Local Government Recodification Citations:
18-1-1.5-5(b); 18-3-1-37 part; 18-3-1-51 part; 18-4-2-18 part;
18-5-10-3 part; 18-5-10-7.]
As added by Acts 1980, P.L.211, SEC.1. Amended by
P.L.50-2002, SEC.1; P.L.144-2003, SEC.1; P.L.177-2003, SEC.2;
P.L.131-2005, SEC.5; P.L.88-2006, SEC.7; P.L.194-2007, SEC.8;
P.L.88-2009, SEC.5.