February 19, 2010
ENGROSSED
SENATE BILL No. 335
_____
DIGEST OF SB 335
(Updated February 16, 2010 5:29 pm - DI 75)
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.
Synopsis: Local government. Provides that the tax sale property list
may be certified on or after January 1 and not later than 51 days after
the first tax payment due date. Allows a county to recover its costs of
sale of certain certificates of sale. Requires court approval of certain
claims against the tax sale surplus fund. Places restrictions on
agreements by property owners for location, delivery, recovery, or
assistance in the recovery of money deposited in the tax sale surplus
fund. Allows the county executive to assign a certificate of sale with
respect to real property to any political subdivision, and provides that
the period of redemption of the real property is 120 days after the
assignment. Establishes procedures to account for funds if a tax sale is
declared invalid. Allows a sheriff's sale to proceed only if the tax sale
redemption amount and outstanding property taxes, special
assessments, penalties, and interest are paid. Requires notice to a tax
sale purchaser of certain actions proposed with respect to the property
under the unsafe building statute. Authorizes the department of local
government finance, with the approval of the attorney general and local
(Continued next page)
Effective: Upon passage; January 1, 2010 (retroactive); July 1, 2010.
Broden
, Charbonneau, Randolph
(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.
HOUSE ACTION
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.
February 19, 2010
Second Regular Session 116th General Assembly (2010)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2009 Regular and Special Sessions of the General Assembly.
ENGROSSED
SENATE BILL No. 335
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 6-1.1-24-1; (10)ES0335.1.1. -->
SECTION 1. IC 6-1.1-24-1, AS AMENDED BY P.L.169-2006,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 1. (a) On or before July 1 of each year or after
January 1 of each calendar year in which a tax sale will be held in
a county and not later than fifty-one (51) days after the first tax
payment due date in that calendar year, the county treasurer (or
county executive, in the case of property described in subdivision (2))
shall certify to the county auditor a list of real property on which any
of the following exist:
(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.
SOURCE: IC 6-1.1-24-6.1; (10)ES0335.1.2. -->
SECTION 2. IC 6-1.1-24-6.1, AS AMENDED BY P.L.89-2007,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 6.1. (a) The county executive may do the
following:
(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.
SOURCE: IC 6-1.1-24-7; (10)ES0335.1.3. -->
SOURCE: IC 6-1.1-24-7. -->
SECTION 3. IC 6-1.1-24-7 IS AMENDED TO READ AS
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.
SOURCE: IC 6-1.1-24-7.5; (10)ES0335.1.4. -->
SECTION 4. IC 6-1.1-24-7.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 7.5. (a) For purposes of this
section, "property owner" refers to the owner of record of real
property at the time the tax deed is issued who is divested of
ownership by the issuance of the tax deed.
(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.
SOURCE: IC 6-1.1-24-9; (10)ES0335.1.5. -->
SECTION 5. IC 6-1.1-24-9 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 9. (a) Immediately after
a tax sale purchaser pays the bid, as evidenced by the receipt of the
county treasurer, or immediately after the county acquires a lien under
section 6 of this chapter, the county auditor shall deliver a certificate
of sale to the purchaser or to the county or to the city. The certificate
shall be signed by the auditor and registered in the auditor's office. The
certificate shall contain:
(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.
SOURCE: IC 6-1.1-25-4; (10)ES0335.1.6. -->
SECTION 6. IC 6-1.1-25-4, AS AMENDED BY P.L.169-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 4. (a) The period for redemption of real property
sold under IC 6-1.1-24 is:
(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.
SOURCE: IC 6-1.1-25-11; (10)ES0335.1.7. -->
SECTION 7. IC 6-1.1-25-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 11. (a) Subsequent to
the issuance of the order directing the county auditor to issue a tax deed
to real property sold under IC 6-1.1-24, a county auditor shall 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 if it is found
by the court that entered the order for the tax deed that:
(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.
SOURCE: IC 6-1.1-36-7; (10)ES0335.1.8. -->
SECTION 8. IC 6-1.1-36-7, AS AMENDED BY P.L.146-2008,
SECTION 288, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JANUARY 1, 2010 (RETROACTIVE)]: Sec. 7. (a) The
department of local government finance may cancel any property taxes
assessed against real property owned by a county, township, city, or
town if a petition requesting that the department cancel the taxes is
submitted by the auditor, assessor, and treasurer of the county in which
the real property is located.
(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).
SOURCE: IC 24-5.5-1-1; (10)ES0335.1.9. -->
SECTION 9. IC 24-5.5-1-1, AS AMENDED BY P.L.105-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 1. Except for IC 24-5.5-3-1, This article does not
apply to the following:
(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.
SOURCE: IC 32-29-7-3; (10)ES0335.1.10. -->
SECTION 10. IC 32-29-7-3, AS AMENDED BY P.L.100-2008,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 3. (a) In a proceeding for the foreclosure of a
mortgage executed on real estate, process may not issue for the
execution of a judgment or decree of sale for a period of three (3)
months after the filing of a complaint in the proceeding. However:
(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).
SOURCE: IC 32-29-7-8.5; (10)ES0335.1.11. -->
SECTION 11. IC 32-29-7-8.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2010]:
Sec. 8.5. (a) Before the date of a
sheriff's sale of property under section 3(c) of this chapter, the
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.
SOURCE: IC 32-30-10-14; (10)ES0335.1.12. -->
SECTION 12. IC 32-30-10-14, AS AMENDED BY
P.L.182-2009(ss), SECTION 390, IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 14. The proceeds of a
sale described in IC 32-29-7 or section 8 or 12(b) of this chapter must
be applied in the following order:
(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).
(2) The amount of any property taxes on the property sold:
(A) that are due and owing; and
(B) for which the due date has passed as of the date of the
sheriff's sale.
The sheriff shall transfer the amounts collected under this
subdivision to the county treasurer not more than ten (10) days
after the date of the sheriff's sale.
(3) Any amount of redemption where a certificate of sale is
outstanding.
(4) (2) The payment of the principal due, interest, and costs not
described in subdivision (1).
(5) (3) The residue secured by the mortgage and not due.
(6) (4) If the residue referred to in subdivision (5) (3) does not
bear interest, a deduction must be made by discounting the legal
interest.
In all cases in which the proceeds of sale exceed the amounts described
in subdivisions (1) through (6), (4), the surplus must be paid to the
clerk of the court to be transferred, as the court directs, to the mortgage
debtor, mortgage debtor's heirs, or other persons assigned by the
mortgage debtor.
SOURCE: IC 32-30-10.5-8; (10)ES0335.1.13. -->
SECTION 13. IC 32-30-10.5-8, AS ADDED BY P.L.105-2009,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 8. (a) This section applies to a foreclosure action
that is filed after June 30, 2009. Except as provided in subsection (e)
and section 10(g) of this chapter, not later than thirty (30) days before
a creditor files an action for foreclosure, the creditor shall send to the
debtor by certified mail a presuit notice on a form prescribed by the
Indiana housing and community development authority created by
IC 5-20-1-3. In prescribing the form required by this section, the
Indiana housing and community development authority shall include
in the notice the statement set forth in IC 24-5.5-3-1. In addition, The
notice required by this subsection must do the following:
(1) Inform the debtor that:
(A) the debtor is in default; and
(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:
"NOTICE REQUIRED BY STATE LAW
Mortgage foreclosure is a complex process. People may
approach you about "saving" your home. You should be
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.
SOURCE: IC 36-1.5-4-18; (10)ES0335.1.14. -->
SECTION 14. IC 36-1.5-4-18, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
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.
SOURCE: IC 36-1.5-4-27; (10)ES0335.1.15. -->
SECTION 15. IC 36-1.5-4-27, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 27. After the county recorder of each county
in which reorganizing political subdivisions are located has notified the
county election board that a public question on a plan of reorganization
is eligible to be placed on the ballot, the county election board shall
place the public question on the ballot in accordance with IC 3-10-9 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 at least sixty (60)
days after the required notices are received.
SOURCE: IC 36-1.5-4-36; (10)ES0335.1.16. -->
SECTION 16. IC 36-1.5-4-36, AS ADDED BY P.L.186-2006,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 36. (a) This section applies if section 5 of this
chapter requires an election for a reorganization to become effective.
(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.
SOURCE: IC 36-2-1.5; (10)ES0335.1.17. -->
SECTION 17. IC 36-2-1.5 IS ADDED TO THE INDIANA CODE
AS A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]:
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.
SOURCE: IC 36-7-9-2; (10)ES0335.1.18. -->
SECTION 18. IC 36-7-9-2, AS AMENDED BY P.L.88-2009,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 2. As used in 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:
(i) (A) compliance and abatement authority; or
(ii) (B) orders for the same or similar violations;
(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.
SOURCE: IC 36-7-9-12; (10)ES0335.1.19. -->
SECTION 19. IC 36-7-9-12 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 12. (a) When action
required by an order is performed by the enforcement authority or by
a contractor acting under section 11 of this chapter, each person who
held a fee interest, life estate interest, or equitable interest of a contract
purchaser in the unsafe premises from the time when the order
requiring the work performed was
recorded issued to the time that the
work was completed is jointly and severally responsible for the
following costs:
(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).
SOURCE: IC 36-7-10.1-3; (10)ES0335.1.20. -->
SECTION 20. IC 36-7-10.1-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2010]: Sec. 3. (a) The legislative
body of a municipality or county may by ordinance require the owners
of real property located within the municipality or the unincorporated
area of the county to cut and remove weeds and other rank vegetation
growing on the property. As used in this chapter, "weeds and other rank
vegetation" does not include agricultural crops, such as hay and
pasture.
(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.
SOURCE: IC 36-9-23-32; (10)ES0335.1.21. -->
SECTION 21. IC 36-9-23-32, AS AMENDED BY P.L.131-2005,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2010]: Sec. 32. (a) Fees assessed against real property under
this chapter or under any statute repealed by IC 19-2-5-30 constitute a
lien against the property assessed. The lien is superior to all other liens
except tax liens. Except as provided in subsections (b) and (c), the lien
attaches when notice of the lien is filed in the county recorder's office
under section 33 of this chapter.
(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 only if the
owner has given the general office of the utility written notice of the
address to which the owner's notice is to be sent. A notice sent to the
owner under this subsection 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. 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.
SOURCE: IC 24-5.5-3; (10)ES0335.1.22. -->
SECTION 22. IC 24-5.5-3 IS REPEALED [EFFECTIVE JULY 1,
2010].
SOURCE: ; (10)ES0335.1.23. -->
SECTION 23.
An emergency is declared for this act.