§ 36-1-6-9 — Enforcement of ordinances through administrative proceedings; appeal

Indiana § 36-1-6-9

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 1: GENERAL PROVISIONS
• Ch. 6: Enforcement of Ordinance

Text

(a) The legislative body of a county or
municipality may adopt an ordinance providing that certain other
ordinances may be enforced through a proceeding before an
administrative body of the county or municipality.
(b) An ordinance adopted under subsection (a) must designate the
following:
(1) The ordinances that may be enforced through an
administrative proceeding.
(2) The administrative body before which the proceeding may be
brought.
(c) An ordinance may not be designated under subsection (b) for
enforcement through an administrative proceeding unless the ordinance
restricts or prohibits actions harmful to the land, air, or water, governs
use of the public way, or governs the standing or parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an
administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a
preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than
a fine in an amount within the limit set forth in IC 36-1-3-8(a)(10).
(e) A person who receives a penalty under subsection (d) may
appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the
proceeding is brought by a county; or
(2) the county in which the municipality is located if the
proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a penalty
must be filed not more than sixty (60) days after the day on which the
order is entered.

Legislative History

As added by P.L.130-1991, SEC.36. Amended by P.L.64-1992, SEC.8; P.L.308-1995, SEC.1; P.L.149-2016, SEC.93.