2018 Indiana Code
TITLE 36. Local Government
ARTICLE 7. PLANNING AND DEVELOPMENT
CHAPTER 11.1. Historic Preservation in Marion County
36-7-11.1-12. Enforcement of chapter, ordinance, and covenants; notice to correct failures or violations
Sec. 12. (a) Whenever the commission finds that the owner of property in any historic area has neglected to keep the property and premises in a clean, sanitary, and tidy condition or has failed to maintain any structure in a good state of repair and in a safe condition, the commission may give the owner written notice to correct the failures or violations within thirty (30) days after receipt of notice, and if the owner fails to comply, then the commission may bring appropriate enforcement actions as provided by subsection (b).
(b) The commission, or any enforcement official of the consolidated city designated by the commission, may enforce this chapter, any ordinance adopted under it, and any covenants or conditions required or imposed by the commission by civil action in the circuit or superior court. Any legal, equitable, or special remedy may be invoked, including mandatory or prohibitory injunction or a civil fine. These enforcement actions (except those seeking a civil fine) may also be brought by any interested person or affected owner.
(c) Ordinances adopted under this chapter may provide for penalties for violations, subject to IC 36-1-3-8.
(d) No costs may be taxed against the commission or any of its members in any action.
(e) In actions brought under subsection (b), there may not be changes of venue from the county.
As added by Acts 1982, P.L.77, SEC.6. Amended by P.L.16-1995, SEC.14.
