Bill Text: IN SB0335 | 2010 | Regular Session | Engrossed
Bill Title: Local government.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Engrossed - Dead) 2010-02-18 - Committee report: amend do pass, adopted [SB0335 Detail]
Download: Indiana-2010-SB0335-Engrossed.html
Citations Affected: IC 6-1.1; IC 24-5.5; IC 32-29; IC 32-30;
IC 36-1.5; IC 36-2; IC 36-7; IC 36-9.
Effective: Upon passage; January 1, 2010 (retroactive); July 1, 2010.
(HOUSE SPONSORS _ TYLER, SAUNDERS)
January 12, 2010, read first time and referred to Committee on Tax and Fiscal Policy.
January 28, 2010, reported favorably _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
February 2, 2010, engrossed. Read third time, passed. Yeas 50, nays 0.
February 9, 2010, read first time and referred to Committee on Local Government.
February 18, 2010, amended, reported _ Do Pass.
Digest Continued
officials and upon making certain findings, to cancel property taxes, interest, and penalties assessed against tangible property owned by certain exempt entities. Specifies that a reorganization committee acting under the local government reorganization statutes must include in its reorganization plan submitted to a political subdivision after June 30, 2010, a statement regarding: (1) whether a fiscal impact analysis concerning the proposed reorganization has been prepared by or on behalf of the reorganization committee; and (2) whether a fiscal impact analysis concerning the proposed reorganization has been made available to the public. Provides that in the case of a plan of reorganization submitted to a political subdivision after June 30, 2010, the political subdivision shall post a copy of the plan of reorganization on an Internet web site maintained or authorized by the political subdivision not more than 30 days after receiving the plan of reorganization. Provides that officers for a reorganized political subdivision that results from a reorganization including a county and at least one municipality shall be elected at the next general election after the voters approve the reorganization. Specifies that the public question on a proposed reorganization shall be placed on the ballot on the first regularly scheduled general election or municipal election (excluding any primary elections) that will occur in all of the precincts of the reorganizing political subdivisions. Provides that if a statute is enacted allowing a county to reorganize the county executive body, county legislative body, or county fiscal body and if: (1) a plan of reorganization is not prepared, notice must be published that includes a statement indicating whether a fiscal impact analysis has been prepared or not prepared and whether the fiscal impact analysis has been made available or has not been made available to the public; or (2) a plan of reorganization is prepared, the plan of reorganization must include a statement indicating whether a fiscal impact analysis has been prepared or not prepared and whether the fiscal impact analysis has been made available or has not been made available to the public. Requires that a notice regarding: (1) a sewer lien on property occupied by a person other than the property owner; or (2) the removal of weeds or rank vegetation; must be given to the property owner by certified mail at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice. Provides that an enforcement agency that has obtained an abatement order for a vacant or abandoned structure may under certain conditions file a praecipe for sale of the property with the clerk of the county in which a judgment and decree for sale is filed after 180 days have elapsed from the date the judgment and decree is filed, if the party that is entitled to enforce the judgment has not itself filed a praecipe. Combines two separate Indiana Code provisions concerning the presuit notice required in residential foreclosure proceedings into one section. Repeals one of the provisions being combined. Provides that the presuit notice must inform the debtor that if the creditor obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted: (1) Appeal a finding of abandonment by a court. (2) Redeem the real estate from the judgment. (3) Retain possession of the property, subject to certain conditions. Corrects the use of a term in the unsafe building law.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) In the case of real property other than real property described in subdivision (2), any property taxes or special assessments certified to the county auditor for collection by the county treasurer from the prior year's spring installment or before are delinquent as determined under IC 6-1.1-37-10.
(2) In the case of real property for which a county executive has certified to the county auditor that the real property is:
(A) vacant; or
(B) abandoned;
any property taxes or special assessments from the prior year's fall installment or before that are delinquent as determined under IC 6-1.1-37-10. The county executive must make a certification under this subdivision not later than sixty-one (61) days before the earliest date on which application for judgment and order for sale may be made.
(3) Any unpaid costs are due under section 2(b) of this chapter from a prior tax sale.
(b) The county auditor shall maintain a list of all real property eligible for sale. Unless the taxpayer pays to the county treasurer the amounts in subsection (a), the taxpayer's property shall remain on the list. The list must:
(1) describe the real property by parcel number and common address, if any;
(2) for a tract or item of real property with a single owner, indicate the name of the owner; and
(3) for a tract or item with multiple owners, indicate the name of at least one (1) of the owners.
(c) Except as otherwise provided in this chapter, the real property so listed is eligible for sale in the manner prescribed in this chapter.
(d) Not later than fifteen (15) days after the date of the county treasurer's certification under subsection (a), the county auditor shall mail by certified mail a copy of the list described in subsection (b) to each mortgagee who requests from the county auditor by certified mail a copy of the list. Failure of the county auditor to mail the list under this subsection does not invalidate an otherwise valid sale.
(1) By resolution, identify properties:
(A) that are described in section 6.7(a) of this chapter; and
(B) concerning which the county executive desires to offer to the public the certificates of sale acquired by the county executive under section 6 of this chapter.
(2) In conformity with IC 5-3-1-4, publish:
(A) notice of the date, time, and place for a public sale; and
(B) a listing of parcels on which certificates will be offered by parcel number and minimum bid amount;
once each week for three (3) consecutive weeks, with the final advertisement being not less than thirty (30) days before the sale
date. The expenses of the publication shall be paid out of the
county general fund.
(3) Sell each certificate of sale covered by the resolution for a
price that:
(A) is less than the minimum sale price prescribed by section
5(e) of this chapter; and
(B) includes any costs to the county executive directly
attributable to the sale of the certificate of sale.
(b) Notice of the list of properties prepared under subsection (a) and
the date, time, and place for the public sale of the certificates of sale
shall be published in accordance with IC 5-3-1. The notice must:
(1) include a description of the property by parcel number and
common address;
(2) specify that the county executive will accept bids for the
certificates of sale for the price referred to in subsection (a)(3);
(3) specify the minimum bid for each parcel;
(4) include a statement that a person redeeming each tract or item
of real property after the sale of the certificate must pay:
(A) the amount of the minimum bid under section 5(e) of this
chapter for which the tract or item of real property was last
offered for sale;
(B) ten percent (10%) of the amount for which the certificate
is sold;
(C) the attorney's fees and costs of giving notice under
IC 6-1.1-25-4.5;
(D) the costs of a title search or of examining and updating the
abstract of title for the tract or item of real property; and
(E) all taxes and special assessments on the tract or item of
real property paid by the purchaser after the sale of the
certificate plus interest at the rate of ten percent (10%) per
annum on the amount of taxes and special assessments paid by
the purchaser on the redeemed property; and
(F) all costs of sale, advertising costs, and other expenses of
the county directly attributable to the sale of certificates of
sale; and
(5) include a statement that, if the certificate is sold for an amount
more than the minimum bid under section 5(e) of this chapter for
which the tract or item of real property was last offered for sale
and the property is not redeemed, the owner of record of the tract
or item of real property who is divested of ownership at the time
the tax deed is issued may have a right to the tax sale surplus.
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 7. (a) When real
property is sold under this chapter, the purchaser at the sale shall
immediately pay the amount of the bid to the county treasurer. The
county treasurer shall apply the payment in the following manner:
(1) first, to the taxes, special assessments, penalties, and costs
described in section 5(e) of this chapter;
(2) second, to other delinquent property taxes in the manner
provided in IC 6-1.1-23-5(b); and
(3) third, to a separate "tax sale surplus fund".
(b) The:
(1) owner of record of the real property at the time the tax deed is
issued who is divested of ownership by the issuance of a tax deed;
or
(2) tax sale purchaser or purchaser's assignee, upon redemption
of the tract or item of real property;
may file a verified claim for money which is deposited in the tax sale
surplus fund. If the claim is approved by the county auditor and the
county treasurer, the county auditor shall issue a warrant to the
claimant for the amount due.
(c) If the person who claims money deposited in the tax sale
surplus fund under subsection (b) is:
(1) a person described in subsection (b)(1) who acquired the
property from a delinquent taxpayer after the property was sold at
a tax sale under this chapter; or
(2) a person not described in subsection (b)(1), including a
person who acts under a power of attorney executed by the
person described in subsection (b)(1);
the county auditor may not issue a warrant to the person unless the
person is named on a tax sale surplus fund disclosure form filed with
the county auditor under IC 32-21-8. only as directed by the court
having jurisdiction over the tax sale of the parcel for which the
surplus claim is made.
(d) A court may direct the issuance of a warrant only:
(1) on petition by the claimant; and
(2) within three (3) years after the date of sale of the parcel in
the tax sale.
(d) (e) An amount deposited in the tax sale surplus fund shall be
transferred by the county auditor to the county general fund and may
not be disbursed under subsection (b) if it is not claimed within the
three (3) year period after the date of its receipt.
(e) (f) If an amount applied to taxes under this section is later paid
out of the county general fund to the purchaser or the purchaser's
successor due to the invalidity of the sale, all the taxes shall be
reinstated and recharged to the tax duplicate and collected in the same
manner as if the property had not been offered for sale.
(f) (g) When a refund is made to any purchaser or purchaser's
successor by reason of the invalidity of a sale, the county auditor shall,
at the December settlement immediately following the refund, deduct
the amount of the refund from the gross collections in the taxing
district in which the land lies and shall pay that amount into the county
general fund.
(b) If a property owner enters into an agreement on or after May 1, 2010, that has the primary purpose of paying compensation to locate, deliver, recover, or assist in the recovery of money deposited in the tax sale surplus fund under section 7(a)(3) of this chapter with respect to real property as a result of a tax sale, the agreement is valid only if the agreement:
(1) requires payment of compensation of not more than ten percent (10%) of the amount collected from the tax sale surplus fund with respect to the real property, unless the amount collected is fifty dollars ($50) or less;
(2) is in writing;
(3) is signed by the property owner; and
(4) clearly sets forth:
(A) the amount deposited in the tax sale surplus fund under section 7(a)(3) of this chapter with respect to the real property; and
(B) the value of the property owner's share of the amount collected from the tax sale surplus fund with respect to the real property after the compensation is deducted.
(1) a description of real property that corresponds to the description used on the notice of sale;
(2) the name of:
(A) the owner of record at the time of the sale of real property with a single owner; or
(B) at least one (1) of the owners of real property with multiple owners;
(3) the mailing address of the owner of the real property sold as indicated in the records of the county auditor;
(4) the name of the purchaser;
(5) the date of sale;
(6) the amount for which the real property was sold;
(7) the amount of the minimum bid for which the tract or real property was offered at the time of sale as required by section 5 of this chapter;
(8) the date when the period of redemption specified in IC 6-1.1-25-4 will expire;
(9) the court cause number under which judgment was obtained; and
(10) the street address, if any, or common description of the real property.
(b) When a certificate of sale is issued under this section, the purchaser acquires a lien against the real property for the entire amount paid. The lien of the purchaser is superior to all liens against the real property which exist at the time the certificate is issued.
(c) A certificate of sale is assignable. However, an assignment is not valid unless it is endorsed on the certificate of sale, acknowledged before an officer authorized to take acknowledgments of deeds, and registered in the office of the county auditor. When a certificate of sale is assigned, the assignee acquires the same rights and obligations that the original purchaser acquired.
(d) Subject to IC 36-1-11-8, the county executive may assign a certificate of sale held in the name of the county executive to any political subdivision during the life of the certificate. If an assignment is made under this subsection, the period of redemption of the real property under IC 6-1.1-25 is one hundred twenty (120) days after the date of the assignment.
(1) one (1) year after the date of sale;
(2) one hundred twenty (120) days after the date of sale to a purchasing agency qualified under IC 36-7-17; or
(3) one hundred twenty (120) days after the date of sale of real property on the list prepared under IC 6-1.1-24-1(a)(2) or IC 6-1.1-24-1.5.
(b) Subject to IC 6-1.1-24-9(d), the period for redemption of real property:
(1) on which the county executive acquires a lien under IC 6-1.1-24-6; and
(2) for which the certificate of sale is not sold under IC 6-1.1-24-6.1;
is one hundred twenty (120) days after the date the county executive acquires the lien under IC 6-1.1-24-6.
(c) The period for redemption of real property:
(1) on which the county executive acquires a lien under IC 6-1.1-24-6; and
(2) for which the certificate of sale is sold under IC 6-1.1-24;
is one hundred twenty (120) days after the date of sale of the certificate of sale under IC 6-1.1-24.
(d) When a deed for real property is executed under this chapter, the county auditor shall cancel the certificate of sale and file the canceled certificate in the office of the county auditor. If real property that appears on the list prepared under IC 6-1.1-24-1.5 is offered for sale and an amount that is at least equal to the minimum sale price required under IC 6-1.1-24-5(e) is not received, the county auditor shall issue a deed to the real property, subject to this chapter.
(e) When a deed is issued to a county executive under this chapter, the taxes and special assessments for which the real property was offered for sale, and all subsequent taxes, special assessments, interest, penalties, and cost of sale shall be removed from the tax duplicate in the same manner that taxes are removed by certificate of error.
(f) A tax deed executed under this chapter vests in the grantee an estate in fee simple absolute, free and clear of all liens and encumbrances created or suffered before or after the tax sale except those liens granted priority under federal law and the lien of the state or a political subdivision for taxes and special assessments which accrue subsequent to the sale and which are not removed under subsection (e). However, the estate is subject to:
(1) all easements, covenants, declarations, and other deed restrictions shown by public records;
(2) laws, ordinances, and regulations concerning governmental police powers, including zoning, building, land use,
improvements on the land, land division, and environmental
protection; and
(3) liens and encumbrances created or suffered by the grantee.
(g) A tax deed executed under this chapter is prima facie evidence
of:
(1) the regularity of the sale of the real property described in the
deed;
(2) the regularity of all proper proceedings; and
(3) valid title in fee simple in the grantee of the deed.
(h) A county auditor is not required to execute a deed to the county
executive under this chapter if the county executive determines that the
property involved contains hazardous waste or another environmental
hazard for which the cost of abatement or alleviation will exceed the
fair market value of the property. The county executive may enter the
property to conduct environmental investigations.
(i) If the county executive makes the determination under subsection
(h) as to any interest in an oil or gas lease or separate mineral rights,
the county treasurer shall certify all delinquent taxes, interest,
penalties, and costs assessed under IC 6-1.1-24 to the clerk, following
the procedures in IC 6-1.1-23-9. After the date of the county treasurer's
certification, the certified amount is subject to collection as delinquent
personal property taxes under IC 6-1.1-23. Notwithstanding
IC 6-1.1-4-12.4 and IC 6-1.1-4-12.6, the assessed value of such an
interest shall be zero (0) until production commences.
(j) When a deed is issued to a purchaser of a certificate of sale sold
under IC 6-1.1-24-6.1, the county auditor shall, in the same manner that
taxes are removed by certificate of error, remove from the tax duplicate
the taxes, special assessments, interest, penalties, and costs remaining
due as the difference between the amount of the last minimum bid
under IC 6-1.1-24-5(e) and the amount paid for the certificate of sale.
(1) the real property described in the deed was not subject to the taxes for which it was sold;
(2) the delinquent taxes or special assessments for which the real property was sold were properly paid before the sale; or
(3) the legal description of the real property in the tax deed is void for uncertainty.
(b) The grantee of an invalid tax deed, including the county, to whom a refund is made under this section shall execute, acknowledge, and deliver to the owner a deed conveying whatever interest the purchaser may have acquired by the tax sale deed. If a county is required to execute a deed under this section, the deed shall be signed by the county board of commissioners and acknowledged by the clerk of the circuit court.
(c) A refund may not be made under this section while an action initiated under either section 14 or 16 of this chapter is pending.
(d) If a sale is declared invalid after a claim is submitted under IC 6-1.1-24-7 for money deposited in the tax sale surplus fund and the claim is paid, the county auditor shall:
(1) refund the purchase money plus six percent (6%) interest per annum from the county treasury to the purchaser, the purchaser's successors or assigns, or the purchaser of the certificate of sale under IC 6-1.1-24; and
(2) certify the amount paid to the property owner from the tax sale surplus fund as a lien against the property and as a civil judgment against the property owner.
(b) The department of local government finance may cancel any property taxes assessed against real property owned by this state if a petition requesting that the department cancel the taxes is submitted by:
(1) the governor; or
(2) the chief administrative officer of the state agency which supervises the real property.
However, if the petition is submitted by the chief administrative officer of a state agency, the governor must approve the petition.
(c) The department of local government finance may compromise the amount of property taxes, together with any interest or penalties on those taxes, assessed against the fixed or distributable property owned by a bankrupt railroad, which is under the jurisdiction of:
(1) a federal court under 11 U.S.C. 1163;
(2) Chapter X of the Acts of Congress Relating to Bankruptcy (11 U.S.C. 701-799); or
(3) a comparable bankruptcy law.
(d) After making a compromise under subsection (c) and after receiving payment of the compromised amount, the department of local government finance shall distribute to each county treasurer an amount equal to the product of:
(1) the compromised amount; multiplied by
(2) a fraction, the numerator of which is the total of the particular county's property tax levies against the railroad for the compromised years, and the denominator of which is the total of all property tax levies against the railroad for the compromised years.
(e) After making the distribution under subsection (d), the department of local government finance shall direct the auditors of each county to remove from the tax rolls the amount of all property taxes assessed against the bankrupt railroad for the compromised years.
(f) The county auditor of each county receiving money under subsection (d) shall allocate that money among the county's taxing districts. The auditor shall allocate to each taxing district an amount equal to the product of:
(1) the amount of money received by the county under subsection (d); multiplied by
(2) a fraction, the numerator of which is the total of the taxing district's property tax levies against the railroad for the compromised years, and the denominator of which is the total of all property tax levies against the railroad in that county for the compromised years.
(g) The money allocated to each taxing district shall be apportioned and distributed among the taxing units of that taxing district in the same manner and at the same time that property taxes are apportioned and distributed.
(h) The department of local government finance may, with the approval of the attorney general, compromise the amount of property taxes, together with any interest or penalties on those taxes, assessed against property owned by a person that has a case pending under state or federal bankruptcy law. Property taxes that are compromised under this section shall be distributed and allocated at the same time and in the same manner as regularly collected property taxes. The department of local government finance may compromise property taxes under this subsection only if:
(1) a petition is filed with the department of local government
finance that requests the compromise and is signed and approved
by the assessor, auditor, and treasurer of each county and the
assessor of each township (if any) that is entitled to receive any
part of the compromised taxes;
(2) the compromise significantly advances the time of payment of
the taxes; and
(3) the compromise is in the best interest of the state and the
taxing units that are entitled to receive any part of the
compromised taxes.
(i) A taxing unit that receives funds under this section is not
required to include the funds in its budget estimate for any budget year
which begins after the budget year in which it receives the funds.
(j) A county treasurer, with the consent of the county auditor and the
county assessor, may compromise the amount of property taxes,
interest, or penalties owed in a county by an entity that has a case
pending under Title 11 of the United States Code (Bankruptcy Code)
by accepting a single payment that must be at least seventy-five percent
(75%) of the total amount owed in the county.
(k) Subject to subsections (l) and (m), the department of local
government finance may, with the approval of the attorney
general, cancel the amount of property taxes, together with any
interest and penalties on those taxes, assessed against tangible
property owned by the following:
(1) An Indiana nonprofit corporation organized for
educational, literary, scientific, religious, or charitable
purposes.
(2) A body organized as a church or religious entity.
(l) Subsection (k) applies to property taxes first due and payable
in any calendar year, regardless of whether the calendar year
precedes 2010.
(m) Subsection (k) applies only if:
(1) a petition is filed with the department of local government
finance that requests the compromise and is signed and
approved by:
(A) the county assessor, county auditor, and county
treasurer of each county; and
(B) the township assessor (if any) of each township;
that is entitled to receive any part of the canceled taxes; and
(2) the department of local government finance determines
the following:
(A) That the cancellation of the taxes is in the best interest
of the state and the taxing units that are entitled to receive
any part of the canceled taxes.
(B) That:
(i) the tangible property would have been exempt from
property taxation if a timely exemption application had
been filed; or
(ii) the property taxes were assessed against the prior
owner of the tangible property before transfer to the
owner referred to in subsection (k).
(1) A person organized or chartered under the laws of this state, any other state, or the United States that relate to a bank, a trust company, a savings association, a savings bank, a credit union, or an industrial loan and investment company.
(2) The Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, or a Federal Home Loan Bank.
(3) A department or agency of the United States or of Indiana.
(4) A person that is servicing or enforcing a loan that it owns.
(5) A person that is servicing a loan:
(A) for a person described in subdivisions (1) through (4); or
(B) insured by the Department of Housing and Urban Development or guaranteed by the Veterans Administration.
(6) An attorney licensed to practice law in Indiana who is representing a mortgagor.
(1) the period is:
(A) twelve (12) months in a proceeding for the foreclosure of a mortgage executed before January 1, 1958; and
(B) six (6) months in a proceeding for the foreclosure of a mortgage executed after December 31, 1957, but before July 1, 1975; and
(2) if the court finds that the mortgaged real estate is residential real estate and has been abandoned, a judgment or decree of sale may be executed on the date the judgment of foreclosure or
decree of sale is entered, regardless of the date the mortgage is
executed.
(b) A judgment and decree in a proceeding to foreclose a mortgage
that is entered by a court having jurisdiction may be filed with the clerk
in any county as provided in IC 33-32-3-2. After the period set forth in
subsection (a) expires, a person who may enforce the judgment and
decree may file a praecipe with the clerk in any county where the
judgment and decree is filed, and the clerk shall promptly issue and
certify to the sheriff of that county a copy of the judgment and decree
under the seal of the court. However, if:
(1) a praecipe has not been filed with the clerk in any county
where the judgment and decree is filed within one hundred
eighty (180) days after the later of the dates on which:
(A) the period specified in subsection (a) expires; or
(B) the judgment and decree is filed; and
(2) the sale is not:
(A) otherwise prohibited by law;
(B) subject to a voluntary statewide foreclosure
moratorium; or
(C) subject to a written agreement providing for a delay in
the sale of the mortgaged real estate executed by and
between the owner of the mortgaged real estate and a
party entitled to enforce the judgment and decree;
an enforcement agency that has obtained an abatement order for
a vacant or abandoned structure under IC 36-7-36-9 may file a
praecipe with the clerk in any county where the judgment and
decree is filed. If an enforcement agency files a praecipe under this
subsection, the clerk of the county in which the praecipe is filed
shall promptly issue and certify to the sheriff of that county a copy
of the judgment and decree under the seal of the court.
(c) Upon receiving a certified judgment under subsection (b), the
sheriff shall, subject to section 4 of this chapter, sell the mortgaged
premises or as much of the mortgaged premises as necessary to satisfy
the judgment, interest, and costs at public auction at the office of the
sheriff or at another location that is reasonably likely to attract higher
competitive bids. The sheriff shall schedule the date and time of the
sheriff's sale for:
(1) a date within one hundred twenty (120) days after the date
that the judgment and decree under seal of the court are
certified to the sheriff by the clerk; and
(2) a time certain between the hours of 10 a.m. and 4 p.m. on any
day of the week except Sunday.
(d) Before selling mortgaged property, the sheriff must advertise the sale by publication once each week for three (3) successive weeks in a daily or weekly newspaper of general circulation. The sheriff shall publish the advertisement in at least one (1) newspaper published and circulated in each county where the real estate is situated. The first publication shall be made at least thirty (30) days before the date of sale. At the time of placing the first advertisement by publication, the sheriff shall also serve a copy of the written or printed notice of sale upon each owner of the real estate. Service of the written notice shall be made as provided in the Indiana Rules of Trial Procedure governing service of process upon a person. The sheriff shall charge a fee of ten dollars ($10) to one (1) owner and three dollars ($3) to each additional owner for service of written notice under this subsection. The fee is:
(1) a cost of the proceeding;
(2) to be collected as other costs of the proceeding are collected; and
(3) to be deposited in the county general fund for appropriation for operating expenses of the sheriff's department.
(e) The sheriff also shall post written or printed notices of the sale at the door of the courthouse of each county in which the real estate is located.
(f) If the sheriff is unable to procure the publication of a notice within the county, the sheriff may dispense with publication. The sheriff shall state that the sheriff was not able to procure the publication and explain the reason why publication was not possible.
(g) Notices under subsections (d) and (e) must contain a statement, for informational purposes only, of the location of each property by street address, if any, or other common description of the property other than legal description. A misstatement in the informational statement under this subsection does not invalidate an otherwise valid sale.
(h) The sheriff may charge an administrative fee of not more than two hundred dollars ($200) with respect to a proceeding referred to in subsection (b) for actual costs directly attributable to the administration of the sale under subsection (c). The fee is:
(1) payable by the person seeking to enforce the judgment and decree; and
(2) due at the time of filing of the praecipe;
under subsection (b).
party that filed the praecipe for the sheriff's sale shall pay the
following:
(1) If a certificate of sale issued under IC 6-1.1-24 is
outstanding:
(A) the amount necessary for redemption of the property
under IC 6-1.1-25; and
(B) all delinquent property taxes, special assessments,
penalties, and interest that:
(i) are not covered by the redemption referred to in
clause (A); and
(ii) are due and owing on the property on the date of the
sheriff's sale.
(2) If subdivision (1) does not apply, all delinquent property
taxes, special assessments, penalties, and interest that are due
and owing on the property on the date of the sheriff's sale.
(b) If the payments required under subsection (a) are not made
in full by the date of the sale, the sheriff:
(1) shall cancel the sheriff's sale; and
(2) may conduct the sheriff's sale only:
(A) upon evidence that the payments required under
subsection (a) have been made in full; and
(B) after a subsequent praecipe is filed, costs are paid, and
the sheriff's sale is advertised under this chapter.
(1) Expenses of the offer and sale, including expenses incurred under IC 32-29-7-4 or section 9 of this chapter (or IC 34-1-53-6.5 or IC 32-15-6-6.5 before their repeal).
In all cases in which the proceeds of sale exceed the amounts described in subdivisions (1) through
(1) Inform the debtor that:
(A) the debtor is in default;
(B) the debtor is encouraged to obtain assistance from a mortgage foreclosure counselor; and
(C) if the creditor proceeds to file a foreclosure action and obtains a foreclosure judgment, the debtor has a right to do the following before a sheriff's sale is conducted:
(i) Appeal a finding of abandonment by a court under IC 32-29-7-3(a)(2).
(ii) Redeem the real estate from the judgment under IC 32-29-7-7.
(iii) Retain possession of the property under IC 32-29-7-11(b), subject to the conditions set forth in IC 32-29-7-11(b).
(2) Provide the contact information for the Indiana Foreclosure Prevention Network.
(3) Include the following statement printed in at least 14 point bold type:
careful about any such promises. There are government
agencies and nonprofit organizations you may contact
for helpful information about the foreclosure process.
For the name and telephone number of an organization
near you, please call the Indiana housing and community
development authority.".
(b) The notice required by subsection (a) shall be sent to:
(1) the address of the mortgaged property; or
(2) the last known mailing address of the debtor if the creditor's
records indicate that the mailing address of the debtor is other
than the address of the mortgaged property.
If the creditor provides evidence that the notice required by subsection
(a) was sent by certified mail, return receipt requested, and as
prescribed by this subsection, it is not necessary that the debtor accept
receipt of the notice for an action to proceed as allowed under this
chapter.
(c) Except as provided in subsection (e) and section 10(g) of this
chapter, if a creditor files an action to foreclose a mortgage, the creditor
shall include with the complaint served on the debtor a notice that
informs the debtor of the debtor's right to participate in a settlement
conference. The notice must be in a form prescribed by the Indiana
housing and community development authority created by IC 5-20-1-3.
The notice must inform the debtor that the debtor may schedule a
settlement conference by notifying the court, not later than thirty (30)
days after the notice is served, of the debtor's intent to participate in a
settlement conference.
(d) In a foreclosure action filed under IC 32-30-10-3 after June 30,
2009, the creditor shall attach to the complaint filed with the court a
copy of the notices sent to the debtor under subsections (a) and (c).
(e) A creditor is not required to send the notices described in this
section if:
(1) the loan mortgage is secured by a dwelling that is not the
debtor's primary residence;
(2) the loan mortgage has been the subject of a prior foreclosure
prevention agreement under this chapter and the debtor has
defaulted with respect to the terms of that foreclosure prevention
agreement; or
(3) bankruptcy law prohibits the creditor from participating in a
settlement conference under this chapter with respect to the loan.
mortgage.
UPON PASSAGE]: Sec. 18. (a) A reorganization committee shall
prepare a comprehensive plan of reorganization for the reorganizing
political subdivisions. The plan of reorganization governs the actions,
duties, and powers of the reorganized political subdivision that are not
specified by law.
(b) The plan of reorganization must include at least the following:
(1) The name and a description of the reorganized political
subdivision that will succeed the reorganizing political
subdivisions.
(2) A description of the boundaries of the reorganized political
subdivision.
(3) Subject to section 40 of this chapter, a description of the
taxing areas in which taxes to retire obligations of the
reorganizing political subdivisions will be imposed.
(4) A description of the membership of the legislative body, fiscal
body, and executive of the reorganized political subdivision, a
description of the election districts or appointment districts from
which officers will be elected or appointed, and the manner in
which the membership of each elected or appointed office will be
elected or appointed.
(5) A description of the services to be offered by the reorganized
political subdivision and the service areas in which the services
will be offered.
(6) The disposition of the personnel, the agreements, the assets,
and, subject to section 40 of this chapter, the liabilities of the
reorganizing political subdivisions, including the terms and
conditions upon which the transfer of property and personnel will
be achieved.
(7) Any other matter that the:
(A) reorganization committee determines to be necessary or
appropriate; or
(B) legislative bodies of the reorganizing political subdivisions
require the reorganization committee;
to include in the plan of reorganization.
(8) In the case of a reorganization described in section 1(a)(9) of
this chapter, if the legislative bodies of the reorganizing political
subdivisions have specified that the vote on the public question
regarding the reorganization shall be conducted on a countywide
basis under section 30(b) of this chapter with a rejection
threshold, the reorganization committee shall include in the
reorganization plan a rejection threshold, specified as a
percentage, that applies for purposes of section 32(b) of this
chapter. The rejection threshold must be the same for each
municipality that is a party to the proposed reorganization and to
the county that is a party to the proposed reorganization.
(9) In the case of a reorganization described in section 1(a)(9) of
this chapter, the reorganization committee shall determine and
include in the reorganization plan the percentage of voters voting
on the public question regarding the proposed reorganization who
must vote, on a countywide basis, in favor of the proposed
reorganization for the public question to be approved. This
percentage is referred to in this chapter as the "countywide vote
approval percentage". The countywide vote approval percentage
must be greater than fifty percent (50%).
(10) The statement required by subsection (e).
(c) In the case of a reorganization described in section 1(a)(9) of this
chapter, the reorganization committee may not change the decision of
the legislative bodies of the reorganizing political subdivisions
regarding whether the vote on the public question regarding the
reorganization shall be conducted on a countywide basis without a
rejection threshold or with a rejection threshold.
(d) Upon completion of the plan of reorganization, the
reorganization committee shall present the plan of reorganization to the
legislative body of each of the reorganizing political subdivisions for
adoption. The initial plan of reorganization must be submitted to the
legislative body of each of the reorganizing political subdivisions not
later than one (1) year after the clerk of the last political subdivision
that adopts a reorganization resolution under this chapter has certified
the resolution to all of the political subdivisions named in the
resolution. In the case of a plan of reorganization submitted to a
political subdivision by a reorganization committee after June 30,
2010, the political subdivision shall post a copy of the plan of
reorganization on an Internet web site maintained or authorized by
the political subdivision not more than thirty (30) days after
receiving the plan of reorganization from the reorganization
committee.
(e) A reorganization committee must include in the plan of
reorganization submitted to a political subdivision after June 30,
2010, a statement of:
(1) whether a fiscal impact analysis concerning the proposed
reorganization has been prepared or has not been prepared
by or on behalf of the reorganization committee; and
(2) whether a fiscal impact analysis concerning the proposed
reorganization has been made available or has not been made
available to the public by or on behalf of the reorganization
committee.
(b) At the next:
(1) general election, if:
(A) the reorganized political subdivision is not a municipality or a school corporation; or
(B) the reorganized political subdivision results from a reorganization including a county and at least one (1) municipality;
(2) municipal election, if the reorganized political subdivision is a municipality; or
(3) primary or general election, as specified in an election plan adopted in substantially identical resolutions by the legislative body of each of the participating political subdivisions if the reorganized political subdivision is a school corporation;
after the voters approve a reorganization, one (1) set of officers for the reorganized political subdivision having the combined population of the reorganizing political subdivisions shall be elected by the voters in the territory of the reorganized political subdivision as prescribed by statute.
(c) In the election described in subsection (b):
(1) one (1) member of the legislative body of the reorganized political subdivision shall be elected from each election district established by the reorganizing political subdivisions in substantially identical resolutions adopted by the legislative body of each of the reorganizing political subdivisions; and
(2) the total number of at large members shall be elected as
prescribed by statute for the reorganized political subdivision.
(d) If appointed officers are required in the reorganized political
subdivision, one (1) set of appointed officers shall be appointed for the
reorganized political subdivision. The appointments shall be made as
required by statute for the reorganized political subdivision. Any
statute requiring an appointed officer to reside in the political
subdivision where the appointed officer resides shall be treated as
permitting the appointed officer to reside in any part of the territory of
the reorganized political subdivision.
Chapter 1.5. Reorganization Fiscal Analysis Statement
Sec. 1. This chapter applies only if a statute is enacted by the general assembly that allows a county to reorganize the county executive body, county legislative body, or county fiscal body by a means other than a reorganization under IC 36-1.5.
Sec. 2. As used in this chapter, "governing body" means a county executive body, county fiscal body, or county legislative body.
Sec. 3. If a plan of reorganization is prepared in a reorganization subject to this chapter, the plan must include a statement of:
(1) whether a fiscal impact analysis concerning the proposed reorganization has been prepared or has not been prepared by or on behalf of the county; and
(2) whether a fiscal impact analysis concerning the proposed reorganization has been made available or has not been made available to the public by or on behalf of the county.
Sec. 4. (a) This section applies if:
(1) a plan of reorganization is not prepared in a reorganization subject to this chapter; and
(2) a governing body or governing bodies are required by statute to approve the reorganization by a vote of the governing body or governing bodies.
(b) Notice of each meeting at which a vote is taken by a governing body or governing bodies shall be published in accordance with IC 5-3-1 at least ten (10) days before the meeting. The notice must include the statement described in section 3 of this chapter.
Sec. 5. (a) This section applies if:
(1) a plan of reorganization is not prepared in a
reorganization subject to this chapter; and
(2) a local public question is required to allow voters to
approve or disapprove a reorganization of the county
executive body, county legislative body, or county fiscal body.
(b) The county clerk shall publish a notice in accordance with
IC 5-3-1 at least ten (10) days before the election in which the local
public question is on the ballot. The notice must include the
statement described in section 3 of this chapter.
Sec. 6. If a plan of reorganization is not prepared in a
reorganization and:
(1) approval of a governing body or governing bodies is
required as described in section 4 of this chapter; and
(2) a local public question is required as described in section
5 of this chapter;
notice shall be published in accordance with both sections 4 and 5
of this chapter.
"Community organization" means a citizen's group, neighborhood association, neighborhood development corporation, or similar organization that:
(1) has specific geographic boundaries defined in its bylaws or articles of incorporation and contains at least forty (40) households within those boundaries;
(2) is a nonprofit corporation that is representative of at least twenty-five (25) households or twenty percent (20%) of the households in the community, whichever is less;
(3) is operated primarily for the promotion of social welfare and general neighborhood improvement and enhancement;
(4) has been incorporated for at least two (2) years; and
(5) is exempt from taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code.
"Continuous enforcement order" means an order that:
(1) is issued for compliance or abatement and that remains in full force and effect on a property without further requirements to seek additional:
(2) authorizes specific ongoing compliance and enforcement activities if a property requires reinspection or additional periodic abatement;
(3) can be enforced, including assessment of fees and costs, without the need for 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.
"Department" refers to the executive department authorized by ordinance to administer this chapter. In a consolidated city, this department is the department of metropolitan development, subject to IC 36-3-4-23.
"Enforcement authority" refers to the chief administrative officer of the department, except in a consolidated city. In a consolidated city, the division of development services is the enforcement authority, subject to IC 36-3-4-23.
"Hearing authority" refers to a person or persons designated as such by the executive of a city or county, or by the legislative body of a town. However, in a consolidated city, the director of the department or a person designated by the director is the hearing authority. An employee of the enforcement authority may not be designated as the hearing authority.
"Known or recorded fee interest, life estate interest, or equitable interest of a contract purchaser" means any fee interest, life estate interest, or equitable interest of a contract purchaser held by a person whose identity and address may be determined from:
(1) an instrument recorded in the recorder's office of the county where the unsafe premises is located;
(2) written information or actual knowledge received by the department (or, in the case of a consolidated city, the enforcement authority); or
(3) a review of department (or, in the case of a consolidated city, the enforcement authority) records that is sufficient to identify information that is reasonably ascertainable.
"Known or recorded substantial property interest" means any right in real property, including a fee interest, a life estate interest, a future interest, a mortgage interest, a lien as evidenced by a certificate of sale issued under IC 6-1.1-24, or an equitable interest of a contract purchaser, that:
(1) may be affected in a substantial way by actions authorized by this chapter; and
(2) is held by a person whose identity and address may be determined from:
(A) an instrument recorded in:
(i) the recorder's office of the county where the unsafe
premises is located; or
(ii) the office of the county auditor of the county where
the unsafe premises are located in the case of a lien
evidenced by a certificate of sale issued under
IC 6-1.1-24;
(B) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the
enforcement authority); or
(C) a review of department (or, in the case of a consolidated
city, the enforcement authority) records that is sufficient to
identify information that is reasonably ascertainable.
"Substantial property interest" means any right in real property that
may be affected in a substantial way by actions authorized by this
chapter, including a fee interest, a life estate interest, a future interest,
a mortgage interest, or an equitable interest of a contract purchaser.
(1) The actual cost of the work performed by the enforcement authority or the bid price of work accomplished by the contractor under section 11 of this chapter.
(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the enforcement authority in taking the technical, administrative, and legal actions concerning typical unsafe premises that are necessary under this chapter so that the action required by an order may be performed by a contractor under section 11 of this chapter. In calculating the amount of the average processing expense, the following costs may be considered:
(A) The cost of obtaining reliable information about the identity and location of persons who own a substantial property interest in the unsafe premises.
(B) The cost of notice of orders, notice of statements of rescission, notice of continued hearing, notice of statements that public bids are to be let or that the enforcement authority intends to accomplish the work, and notice that a hearing may
be held on the amounts indicated in the record, in accordance
with section 25 of this chapter.
(C) Salaries for employees.
(D) The cost of supplies, equipment, and office space.
(b) The board or commission having control over the department
shall determine the amount of the average processing expense at the
public hearing, after notice has been given in the same manner as is
required for other official action of the board or commission. In
determining the average processing expense, the board or commission
may fix the amount at a full dollar amount that is an even multiple of
ten (10).
(b) An ordinance adopted under subsection (a) must specify the following:
(1) The department of the municipality or county responsible for the administration of the ordinance.
(2) The definitions of weeds and rank vegetation.
(3) The height at which weeds or rank vegetation becomes a violation of the ordinance, specifying the appropriate heights for various types of weeds and rank vegetation.
(4) The procedure for issuing notice to the owner of real property of a violation of the ordinance.
(5) The procedure under which the municipality or county, or its contractors, may enter real property to abate a violation of the ordinance if the owner fails to abate the violation.
(6) The procedure for issuing a bill to the owner of real property for the costs incurred by the municipality or county in abating the violation, including administrative costs and removal costs. The cost of sending notice under subsection (c) is an administrative cost that may be billed to the owner under this subdivision.
(7) The procedure for appealing a notice of violation or a bill issued under the ordinance.
(c) An ordinance adopted under subsection (a) must provide that a notice sent to the property owner must be sent by certified
mail, return receipt requested, to:
(1) the owner of record of real property with a single owner;
or
(2) at least one (1) of the owners of real property with multiple
owners;
at the last address of the owner for the property as indicated in the
records of the county auditor on the date of the notice.
(b) 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 the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality 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 more 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 expensed as a bad debt loss.
(c) A lien attaches against real property occupied by someone other than the owner only if the utility notified the owner within twenty (20) days after the time the utility fees became sixty (60) days delinquent. However, the utility is required to give notice to the owner
(1) the owner of record of real property with a single owner; or
(2) at least one (1) of the owners of real property with multiple owners;
at the last address of the owner for the property as indicated in the records of the county auditor on the date of the notice. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.
(d) The municipality 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 verified demand in writing from 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.
