Indiana § 36-7-4-1013 Remedies and enforcement; prosecution; attorneys

Indiana Statutes

§ 36-7-4-1013 — Remedies and enforcement; prosecution; attorneys

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 4 Local Planning and Zoning

(a)When the legislative body provides penalties for failure to comply with any ordinance adopted under this chapter, the municipal attorney or an attorney representing the county, as the case may be, shall, on receipt of information of the violation of any ordinance, make an investigation of the alleged violation. If acts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, the municipal attorney or an attorney representing the county may file a complaint against the person and prosecute the alleged violation under IC 36-1-6.

(b)The plan commission or a board of zoning appeals may request the prosecuting attorney of the county to take appropriate action in any case involving the violation of any

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(a) When the legislative body provides
penalties for failure to comply with any ordinance adopted under this
chapter, the municipal attorney or an attorney representing the county,
as the case may be, shall, on receipt of information of the violation of
any ordinance, make an investigation of the alleged violation. If acts
elicited by the investigation are sufficient to establish a reasonable
belief that a violation has occurred on the part of the party investigated,
the municipal attorney or an attorney representing the county may file
a complaint against the person and prosecute the alleged violation
under IC 36-1-6.
(b) The plan commission or a board of zoning appeals may request
the prosecuting attorney of the county to take appropriate action in any
case involving the violation of any ordinance or regulation adopted
under this chapter.
(c) The plan commission may appoint one (1) or more attorneys to
advise the planning staff and to assist in the enforcement of any
ordinances and regulations adopted under this chapter. Subject to the
400 series of this chapter, an area plan commission may employ one (1)
attorney on a full-time basis so that the attorney can become fully
informed on the specialized law of planning, zoning, and subdivision
control.
(d) The services of attorneys appointed by the plan commission
under subsection (c) shall be made available without extra
compensation to the prosecuting attorney in all cases involving
ordinances or regulations adopted under this chapter. The attorneys
may be deputized to act for and under the direction of the prosecuting
attorney.
(e) In civil actions for the enforcement of ordinances or regulations
adopted under this chapter, an attorney appointed by the plan
commission may bring an action in the name of the plan commission.
[Pre-Local Government Recodification Citations: 18-7-2-83
part; 18-7-4-1013; 18-7-4-90 part; 18-7-5-94 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by
P.L.137-1989, SEC.16; P.L.126-2011, SEC.34.

Indiana § 36-7-4-1013 (Remedies and enforcement; prosecution; attorneys) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.