Bill Text: IN SB0433 | 2013 | Regular Session | Enrolled
Bill Title: Abandoned property; property safety; mobile homes.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 203 [SB0433 Detail]
Download: Indiana-2013-SB0433-Enrolled.html
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
AN ACT to amend the Indiana Code concerning property.
Be it enacted by the General Assembly of the State of Indiana:
(b) The bureau of motor vehicles may not transfer the title to a mobile home unless the owner obtains a permit to transfer the title from the county treasurer.
(c) A county treasurer shall issue a permit which is required to either move, or transfer the title to, a mobile home if the taxes due on the mobile home have been paid. The permit shall state the date it is issued.
(d) After issuing a permit to move a mobile home under subsection (c), a county treasurer shall notify the township assessor of the township to which the mobile home will be moved, or the county assessor if there is no township assessor for the township, that the permit to move the mobile home has been issued.
SECTION 2. IC 6-1.1-7-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 11. (a) A person
who is engaged to move a mobile home may not provide that service
unless the owner or occupier presents him the mover with a permit to
move the mobile home and the permit is dated not more than one (1)
month before the date of the proposed move. The mover shall retain
possession of the permit while the mobile home is in transit.
(b) The mover shall return the permit to the owner or occupier of the
mobile home when the move is completed.
SECTION 3. IC 6-1.1-7-16 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 16. The department of local government finance shall
develop a system for recording the property tax information for a
mobile home assessed under this chapter using an identification
number that is unique to the vehicle identification number of the
mobile home. The department of local government finance shall
implement the system before January 1, 2015.
SECTION 4. IC 6-1.1-12-37, AS AMENDED BY P.L.137-2012,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 37. (a) The following definitions apply throughout
this section:
(1) "Dwelling" means any of the following:
(A) Residential real property improvements that an individual
uses as the individual's residence, including a house or garage.
(B) A mobile home that is not assessed as real property that an
individual uses as the individual's residence.
(C) A manufactured home that is not assessed as real property
that an individual uses as the individual's residence.
(2) "Homestead" means an individual's principal place of
residence:
(A) that is located in Indiana;
(B) that:
(i) the individual owns;
(ii) the individual is buying under a contract; recorded in the
county recorder's office, that provides that the individual is
to pay the property taxes on the residence;
(iii) the individual is entitled to occupy as a
tenant-stockholder (as defined in 26 U.S.C. 216) of a
cooperative housing corporation (as defined in 26 U.S.C.
216); or
(iv) is a residence described in section 17.9 of this chapter that is owned by a trust if the individual is an individual described in section 17.9 of this chapter; and
(C) that consists of a dwelling and the real estate, not exceeding one (1) acre, that immediately surrounds that dwelling.
Except as provided in subsection (k), the term does not include property owned by a corporation, partnership, limited liability company, or other entity not described in this subdivision.
(b) Each year a homestead is eligible for a standard deduction from the assessed value of the homestead for an assessment date. The deduction provided by this section applies to property taxes first due and payable for an assessment date only if an individual has an interest in the homestead described in subsection (a)(2)(B) on:
(1) the assessment date; or
(2) any date in the same year after an assessment date that a statement is filed under subsection (e) or section 44 of this chapter, if the property consists of real property.
Subject to subsection (c), the auditor of the county shall record and make the deduction for the individual or entity qualifying for the deduction.
(c) Except as provided in section 40.5 of this chapter, the total amount of the deduction that a person may receive under this section for a particular year is the lesser of:
(1) sixty percent (60%) of the assessed value of the real property, mobile home not assessed as real property, or manufactured home not assessed as real property; or
(2) forty-five thousand dollars ($45,000).
(d) A person who has sold real property, a mobile home not assessed as real property, or a manufactured home not assessed as real property to another person under a contract that provides that the contract buyer is to pay the property taxes on the real property, mobile home, or manufactured home may not claim the deduction provided under this section with respect to that real property, mobile home, or manufactured home.
(e) Except as provided in sections 17.8 and 44 of this chapter and subject to section 45 of this chapter, an individual who desires to claim the deduction provided by this section must file a certified statement in duplicate, on forms prescribed by the department of local government
finance, with the auditor of the county in which the homestead is
located. The statement must include:
(1) the parcel number or key number of the property and the name
of the city, town, or township in which the property is located;
(2) the name of any other location in which the applicant or the
applicant's spouse owns, is buying, or has a beneficial interest in
residential real property;
(3) the names of:
(A) the applicant and the applicant's spouse (if any):
(i) as the names appear in the records of the United States
Social Security Administration for the purposes of the
issuance of a Social Security card and Social Security
number; or
(ii) that they use as their legal names when they sign their
names on legal documents;
if the applicant is an individual; or
(B) each individual who qualifies property as a homestead
under subsection (a)(2)(B) and the individual's spouse (if any):
(i) as the names appear in the records of the United States
Social Security Administration for the purposes of the
issuance of a Social Security card and Social Security
number; or
(ii) that they use as their legal names when they sign their
names on legal documents;
if the applicant is not an individual; and
(4) either:
(A) the last five (5) digits of the applicant's Social Security
number and the last five (5) digits of the Social Security
number of the applicant's spouse (if any); or
(B) if the applicant or the applicant's spouse (if any) do not
have a Social Security number, any of the following for that
individual:
(i) The last five (5) digits of the individual's driver's license
number.
(ii) The last five (5) digits of the individual's state
identification card number.
(iii) If the individual does not have a driver's license or a
state identification card, the last five (5) digits of a control
number that is on a document issued to the individual by the
federal government and determined by the department of
local government finance to be acceptable.
If a form or statement provided to the county auditor under this section,
IC 6-1.1-22-8.1, or IC 6-1.1-22.5-12 includes the telephone number or
part or all of the Social Security number of a party or other number
described in subdivision (4)(B) of a party, the telephone number and
the Social Security number or other number described in subdivision
(4)(B) included are confidential. The statement may be filed in person
or by mail. If the statement is mailed, the mailing must be postmarked
on or before the last day for filing. The statement applies for that first
year and any succeeding year for which the deduction is allowed. With
respect to real property, the statement must be completed and dated in
the calendar year for which the person desires to obtain the deduction
and filed with the county auditor on or before January 5 of the
immediately succeeding calendar year. With respect to a mobile home
that is not assessed as real property, the person must file the statement
during the twelve (12) months before March 31 of the year for which
the person desires to obtain the deduction.
(f) If an individual who is receiving the deduction provided by this
section or who otherwise qualifies property for a deduction under this
section:
(1) changes the use of the individual's property so that part or all
of the property no longer qualifies for the deduction under this
section; or
(2) is no longer eligible for a deduction under this section on
another parcel of property because:
(A) the individual would otherwise receive the benefit of more
than one (1) deduction under this chapter; or
(B) the individual maintains the individual's principal place of
residence with another individual who receives a deduction
under this section;
the individual must file a certified statement with the auditor of the
county, notifying the auditor of the change of use, not more than sixty
(60) days after the date of that change. An individual who fails to file
the statement required by this subsection is liable for any additional
taxes that would have been due on the property if the individual had
filed the statement as required by this subsection plus a civil penalty
equal to ten percent (10%) of the additional taxes due. The civil penalty
imposed under this subsection is in addition to any interest and
penalties for a delinquent payment that might otherwise be due. One
percent (1%) of the total civil penalty collected under this subsection
shall be transferred by the county to the department of local
government finance for use by the department in establishing and
maintaining the homestead property data base under subsection (i) and,
to the extent there is money remaining, for any other purposes of the
department. This amount becomes part of the property tax liability for
purposes of this article.
(g) The department of local government finance shall adopt rules or
guidelines concerning the application for a deduction under this
section.
(h) This subsection does not apply to property in the first year for
which a deduction is claimed under this section if the sole reason that
a deduction is claimed on other property is that the individual or
married couple maintained a principal residence at the other property
on March 1 in the same year in which an application for a deduction is
filed under this section or, if the application is for a homestead that is
assessed as personal property, on March 1 in the immediately
preceding year and the individual or married couple is moving the
individual's or married couple's principal residence to the property that
is the subject of the application. Except as provided in subsection (n),
the county auditor may not grant an individual or a married couple a
deduction under this section if:
(1) the individual or married couple, for the same year, claims the
deduction on two (2) or more different applications for the
deduction; and
(2) the applications claim the deduction for different property.
(i) The department of local government finance shall provide secure
access to county auditors to a homestead property data base that
includes access to the homestead owner's name and the numbers
required from the homestead owner under subsection (e)(4) for the sole
purpose of verifying whether an owner is wrongly claiming a deduction
under this chapter or a credit under IC 6-1.1-20.4, IC 6-1.1-20.6, or
IC 6-3.5.
(j) A county auditor may require an individual to provide evidence
proving that the individual's residence is the individual's principal place
of residence as claimed in the certified statement filed under subsection
(e). The county auditor may limit the evidence that an individual is
required to submit to a state income tax return, a valid driver's license,
or a valid voter registration card showing that the residence for which
the deduction is claimed is the individual's principal place of residence.
The department of local government finance shall work with county
auditors to develop procedures to determine whether a property owner
that is claiming a standard deduction or homestead credit is not eligible
for the standard deduction or homestead credit because the property
owner's principal place of residence is outside Indiana.
(k) As used in this section, "homestead" includes property that
satisfies each of the following requirements:
(1) The property is located in Indiana and consists of a dwelling
and the real estate, not exceeding one (1) acre, that immediately
surrounds that dwelling.
(2) The property is the principal place of residence of an
individual.
(3) The property is owned by an entity that is not described in
subsection (a)(2)(B).
(4) The individual residing on the property is a shareholder,
partner, or member of the entity that owns the property.
(5) The property was eligible for the standard deduction under
this section on March 1, 2009.
(l) If a county auditor terminates a deduction for property described
in subsection (k) with respect to property taxes that are:
(1) imposed for an assessment date in 2009; and
(2) first due and payable in 2010;
on the grounds that the property is not owned by an entity described in
subsection (a)(2)(B), the county auditor shall reinstate the deduction if
the taxpayer provides proof that the property is eligible for the
deduction in accordance with subsection (k) and that the individual
residing on the property is not claiming the deduction for any other
property.
(m) For assessments assessment dates after 2009, the term
"homestead" includes:
(1) a deck or patio;
(2) a gazebo; or
(3) another residential yard structure, as defined in rules adopted
by the department of local government finance (other than a
swimming pool);
that is assessed as real property and attached to the dwelling.
(n) A county auditor shall grant an individual a deduction under this
section regardless of whether the individual and the individual's spouse
claim a deduction on two (2) different applications and each
application claims a deduction for different property if the property
owned by the individual's spouse is located outside Indiana and the
individual files an affidavit with the county auditor containing the
following information:
(1) The names of the county and state in which the individual's
spouse claims a deduction substantially similar to the deduction
allowed by this section.
(2) A statement made under penalty of perjury that the following
are true:
(A) That the individual and the individual's spouse maintain
separate principal places of residence.
(B) That neither the individual nor the individual's spouse has
an ownership interest in the other's principal place of
residence.
(C) That neither the individual nor the individual's spouse has,
for that same year, claimed a standard or substantially similar
deduction for any property other than the property maintained
as a principal place of residence by the respective individuals.
A county auditor may require an individual or an individual's spouse to
provide evidence of the accuracy of the information contained in an
affidavit submitted under this subsection. The evidence required of the
individual or the individual's spouse may include state income tax
returns, excise tax payment information, property tax payment
information, driver license information, and voter registration
information.
(o) If:
(1) a property owner files a statement under subsection (e) to
claim the deduction provided by this section for a particular
property; and
(2) the county auditor receiving the filed statement determines
that the property owner's property is not eligible for the deduction;
the county auditor shall inform the property owner of the county
auditor's determination in writing. If a property owner's property is not
eligible for the deduction because the county auditor has determined
that the property is not the property owner's principal place of
residence, the property owner may appeal the county auditor's
determination to the county property tax assessment board of appeals
as provided in IC 6-1.1-15. The county auditor shall inform the
property owner of the owner's right to appeal to the county property tax
assessment board of appeals when the county auditor informs the
property owner of the county auditor's determination under this
subsection.
(p) This subsection applies to an application for the deduction
provided by this section that is filed for an assessment date
occurring after December 31, 2013. Notwithstanding any other
provision of this section, an individual buying a mobile home that
is not assessed as real property or a manufactured home that is not
assessed as real property under a contract providing that the
individual is to pay the property taxes on the mobile home or
manufactured home is not entitled to the deduction provided by
this section unless the parties to the contract comply with
IC 9-17-6-17.
(q) This subsection:
(1) applies to an application for the deduction provided by this
section that is filed for an assessment date occurring after
December 31, 2013; and
(2) does not apply to an individual described in subsection (p).
The owner of a mobile home that is not assessed as real property
or a manufactured home that is not assessed as real property must
attach a copy of the owner's title to the mobile home or
manufactured home to the application for the deduction provided
by this section.
SECTION 5. IC 6-1.1-24-1, AS AMENDED BY P.L.120-2012,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1. (a) On 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 and the delinquent
property tax or special assessments due exceed twenty-five dollars
($25).
(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. The executive of a city or town may provide
to the county executive of the county in which the city or town
is located a list of real property that the city or town has
determined to be vacant or abandoned. The county executive
shall include real property included on the list provided by a
city or town executive on the list certified by the county
executive to the county auditor under this subsection.
(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. Except as provided in section 1.2 or another provision
of this chapter, 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.
SECTION 6. IC 6-1.1-24-4.5, AS AMENDED BY HEA 1568-2013,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4.5. (a) The county auditor shall also provide
those agencies under IC 36-7-17 or IC 36-7-17.1, in that county, with
a list of tracts or items of real property on which one (1) or more
installments of taxes is delinquent by June 15 of the year following the
date the delinquency occurred.
(b) This subsection applies to a county having a consolidated city.
The county auditor shall prepare a list of tracts or items of real
properties for which at least one (1) installment of taxes is delinquent
at least ten (10) months. The auditor shall submit a copy of this list to
the metropolitan development commission no not later than one
hundred six (106) days prior to before the date on which application
for judgment and order for sale is made.
(c) This subsection applies to a county not having a consolidated
city. The county auditor shall prepare a list of tracts or items of
real property located in the county for which the fall installment of
taxes for the most recent previous year is delinquent. The auditor
shall submit a copy of the list prepared under this subsection to
each city or town within the county or make the list available on
the county's Internet web site not later than one hundred six (106)
days before the date on which application for judgment and order
for sale is made.
SECTION 7. IC 6-1.1-24-6, AS AMENDED BY P.L.56-2012,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6. (a) When a tract or an item of real property is
offered for sale under this chapter and an amount is not received equal
to or in excess of the minimum sale price prescribed in section 5 of this
chapter, the county executive acquires a lien in the amount of the
minimum sale price. This lien attaches on the day after the last date on
which the tract or item was offered for sale.
(b) When a county executive acquires a lien under this section, the
county auditor shall issue a tax sale certificate to the county executive
in the manner provided in section 9 of this chapter. The county auditor
shall date the certificate the day that the county executive acquires the
lien. When a county executive acquires a certificate under this section,
the county executive has the same rights as a purchaser.
(c) When a lien is acquired by a county executive under this section,
no money shall be paid by the county executive. However, each of the
taxing units having an interest in the taxes on the tract shall be charged
with the full amount of all delinquent taxes due them.
(d) This subsection applies after June 30, 2013. Whenever a county executive acquires a lien under this section, the county auditor shall provide a list of the liens held by the county to the executive of a city or town who requests the list or post the list on the county's Internet web site not later than thirty (30) days after the tax sale.
SECTION 8. IC 6-1.1-24-6.1, AS AMENDED BY P.L.56-2012, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: 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) or 6.9(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 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 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;
(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 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.
SECTION 9. IC 6-1.1-24-6.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 6.2. (a) This section applies to real property located within the municipal boundaries of a city or town.
(b) Before the transfer of real property under section 6.7 of this chapter, the sale of real property under section 6.8 of this chapter, or the transfer of real property under section 6.9 of this chapter, the county executive of the county in which the real property is
located shall notify the executive of the city or town in which the
real property is located of the opportunity to accept a transfer of
the property to the city or town as negotiated between the city or
town and the county.
(c) After receiving notice from a county executive under
subsection (b), the executive of the city or town shall respond to the
notice not later than twenty (20) days after the executive receives
the notice.
SECTION 10. IC 6-1.1-24-6.7, AS AMENDED BY P.L.1-2007,
SECTION 49, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6.7. (a) The county executive may:
(1) by resolution, identify the property described under section 6
of this chapter that the county executive desires to transfer to a
nonprofit corporation for use for the public good; and
(2) set a date, time, and place for a public hearing to consider the
transfer of the property to a nonprofit corporation.
(b) Notice of the property identified under subsection (a) and the
date, time, and place for the hearing on the proposed transfer of the
property on the list shall be published in accordance with IC 5-3-1. The
notice must include a description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by nonprofit corporations as provided in
subsection (d) and hear any opposition to a proposed transfer.
(c) After the hearing set under subsection (a), the county executive
shall by resolution make a final determination concerning:
(1) the properties that are to be transferred to a nonprofit
corporation;
(2) the nonprofit corporation to which each property is to be
transferred; and
(3) the terms and conditions of the transfer.
(d) To be eligible to receive property under this section, a nonprofit
corporation must file an application with the county executive. The
application must state the property that the corporation desires to
acquire, the use to be made of the property, and the time period
anticipated for implementation of the use. The application must be
accompanied by documentation verifying the nonprofit status of the
corporation and be signed by an officer of the corporation. If more than
one (1) application for a single property is filed, the county executive
shall determine which application is to be accepted based on the
benefit to be provided to the public and the neighborhood and the
suitability of the stated use for the property and the surrounding area.
(e) After the hearing set under subsection (a) and the final
determination of properties to be transferred under subsection (c), the
county executive, on behalf of the county, shall cause all delinquent
taxes, special assessments, penalties, interest, and costs of sale to be
removed from the tax duplicate and the county auditor to prepare a
deed transferring the property to the nonprofit corporation is entitled
to a tax deed prepared by the county auditor, if the conditions of
IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied. The deed shall
provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other terms and conditions that are established by the
county executive; and
(4) the reversion of the property to the county executive if the
grantee nonprofit corporation fails to comply with the terms and
conditions.
If the grantee nonprofit corporation fails to comply with the terms and
conditions of the transfer and title to the property reverts to the county
executive, the property may be retained by the county executive or
disposed of under any of the provisions of this chapter or IC 6-1.1-24,
IC 6-1.1-25, or both.
SECTION 11. IC 6-1.1-24-6.8, AS AMENDED BY HEA
1568-2013, SECTION 6, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6.8. (a) For purposes of this section,
in a county containing a consolidated city "county executive" refers to
the board of commissioners of the county as provided in IC 36-3-3-10.
(b) As used in this section, "vacant parcel" refers to a parcel that
satisfies the following:
(1) A lien has been acquired on the parcel under section 6(a) of
this chapter.
(2) If the parcel is unimproved on the date the certificate of sale
for the parcel or the vacant parcel is offered for sale under this
chapter, the construction of a structure intended for residential use
on the parcel is permitted by law.
(A) One (1) or more of the following are located on the parcel:
(i) A structure that may be lawfully occupied for residential use.
(ii) A structure used in conjunction with a structure that may be lawfully occupied for residential use.
(B) The parcel is:
(i) on the list of vacant or abandoned properties designated under section 1(a)(2) of this chapter; or
(ii) not occupied by a tenant or a person having a substantial property interest of public record in the parcel.
(A) One (1) or more of the following are located on the contiguous parcel:
(i) A structure occupied for residential use.
(ii) A structure used in conjunction with a structure occupied for residential use.
(B) The contiguous parcel is eligible for the standard deduction under IC 6-1.1-12-37.
(c) A county legislative body may adopt an ordinance authorizing the sale of vacant parcels and certificates of sale for vacant parcels in the county under this section. The ordinance may establish criteria for the identification of vacant parcels and certificates of sale for vacant parcels to be offered for sale under this section. The criteria may include the following:
(1) Limitations on the use of the parcel under local zoning and land use requirements.
(2) If the parcel is unimproved, the minimum parcel area sufficient for construction of improvements.
(3) Any other factor considered appropriate by the county legislative body.
In a county containing a consolidated city, the county legislative body may adopt an ordinance under this subsection only upon recommendation by the board of commissioners provided in IC 36-3-3-10.
(d) If the county legislative body adopts an ordinance under subsection (c), the county executive shall for each sale under this section:
(1) by resolution, and subject to the criteria adopted by the county legislative body under subsection (c), identify each vacant parcel for which the county executive desires to sell the vacant parcel or the certificate of sale for the vacant parcel under this section; and
(2) subject to subsection (e), give written notice to the owner of record of each parcel referred to in subsection
(e) The notice under subsection (d)(2) with respect to each vacant parcel must include at least the following:
(1) A description of the vacant parcel by:
(A) legal description; and
(B) parcel number or street address, or both.
(2) Notice that the county executive will accept written applications from owners of parcels described in subsection
(3) Notice of the deadline for applications referred to in subdivision (2) and of the information to be included in the applications.
(4) Notice that the vacant parcel or certificate of sale for the vacant parcel will be sold to the successful applicant for:
(A) one dollar ($1); plus
(B) the amounts described in section 5(f)(4) through 5(f)(6) of this chapter.
(f) To be eligible to purchase a vacant parcel or the certificate of sale for a vacant parcel under this section, the owner of a contiguous parcel referred to in subsection
(1) identify the vacant parcel or certificate of sale that the applicant desires to purchase; and
(2) include any other information required by the county executive.
(g) If more than one (1) application to purchase a single vacant parcel or the certificate of sale for a single vacant parcel is filed with the county executive, the county executive shall conduct a drawing between or among the applicants in which each applicant has an equal chance to be selected as the transferee of the vacant parcel or certificate
of sale for the vacant parcel.
(h) The county executive shall by resolution make a final
determination concerning the vacant parcels or certificates of sale for
vacant parcels that are to be sold under this section.
(i) After the final determination of the vacant parcels and
certificates of sale for vacant parcels to be sold under subsection (h),
the county executive shall:
(1) on behalf of the county, cause all delinquent taxes, special
assessments, penalties, and interest with respect to the vacant
parcels to be removed from the tax duplicate; and
(2) give notice of the final determination to:
(A) the successful applicant;
(B) the county auditor; and
(C) the township assessor, or the county assessor if there is no
township assessor for the township.
(j) Upon receipt of notice under subsection (i)(2):
(1) the county auditor shall:
(A) collect the purchase price from each successful applicant;
and
(B) subject to subsection (k), prepare a tax deed transferring
each vacant parcel to the successful applicant, if the conditions
of IC 6-1.1-25-4.5 and IC 6-1.1-25-4.6 are satisfied; and
(2) if the vacant parcel is unimproved, the township assessor or
county assessor shall consolidate each unimproved parcel sold
and the contiguous parcel owned by the successful applicant into
a single parcel.
(k) For a deed issued under subsection (j)(1)(B) before July 1, 2013,
a county auditor shall include in the deed prepared under subsection
(j)(1)(B) reference to the exemption under subsection (l).
(l) This subsection applies only to a vacant parcel consolidated with
a successful applicant's contiguous parcel under this section before July
1, 2013. Subject to subsection (m), each consolidated parcel to which
this subsection applies is exempt from property taxation for the period
beginning on the assessment date that next succeeds the consolidation
in the amount of the assessed value at the time of consolidation of the
vacant parcel that was subject to the consolidation.
(m) This subsection applies only to a vacant parcel consolidated
with a successful applicant's contiguous parcel under this section
before July 1, 2013. The exemption under subsection (l) is terminated
as of the assessment date that next succeeds the earlier of the
following:
(1) Five (5) years after the transfer of title to the successful
applicant.
(2) The first transfer of title to the consolidated parcel that occurs
after the consolidation.
(n) If a tax deed is issued for an improved vacant parcel after June
30, 2013, under this section or under IC 6-1.1-25-4.6 following the
purchase of a certificate of sale under this section, the successful
applicant may not sell the improved vacant parcel until after the first
anniversary of the date on which the tax deed for the improved vacant
parcel is issued to the successful applicant.
SECTION 12. IC 6-1.1-24-6.9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 6.9. (a) For purposes of this
section, in a county having a consolidated city, "county executive"
refers to the board of commissioners of the county as provided in
IC 36-3-3-10.
(b) The county executive may:
(1) by resolution, identify the property described in section 6
of this chapter that the county executive desires to transfer to
a person able to satisfactorily repair and maintain the
property, if repair and maintenance of the property are in the
public interest; and
(2) set a date, time, and place for a public hearing to consider
the transfer of the property.
(c) Notice of the property identified under subsection (b) and the
date, time, and place for the hearing on the proposed transfer of
the property shall be published in accordance with IC 5-3-1. The
notice must include a description of the property by:
(1) legal description; and
(2) parcel number or street address, or both.
The notice must specify that the county executive will accept
applications submitted by persons able to satisfactorily repair and
maintain the property as provided in subsection (e) and hear any
opposition to a proposed transfer.
(d) After the hearing set under subsection (b), the county
executive shall by resolution make a final determination
concerning:
(1) the properties that are to be transferred;
(2) the person to which each property is to be transferred; and
(3) the terms and conditions of the transfer.
(e) To be eligible to receive a property under this section, a
person must file an application with the county executive. The
application must identify the property that the person desires to
acquire, the use to be made of the property, and the time
anticipated for implementation of the use. The application must be
accompanied by documentation demonstrating the person's ability
to satisfactorily repair and maintain the property, including
evidence of the person's:
(1) ability to repair and maintain the property personally, if
applicable;
(2) financial resources, if the services of a contractor may be
required to satisfactorily repair or maintain the property; and
(3) previous experience in repairing or maintaining property,
if applicable.
The application must be signed by the person. If more than one (1)
application for a single property is filed, the county executive shall
determine which application is to be accepted based on the benefit
to be provided to the public and the neighborhood, the suitability
of the stated use for the property and the surrounding area, and
the likelihood that the person will satisfactorily repair and
maintain the property. The county executive may require the
person to pay a reasonable deposit or post a performance bond to
be forfeited if the person does not satisfactorily repair and
maintain the property.
(f) After the hearing set under subsection (b) and the final
determination of the properties to be transferred under subsection
(d), the county executive, on behalf of the county, shall cause all
delinquent taxes, special assessments, penalties, interest, and costs
of sale to be removed from the tax duplicate and the person is
entitled to a tax deed if the conditions of IC 6-1.1-25-4.5 and
IC 6-1.1-25-4.6 are satisfied. The deed must provide for:
(1) the use to be made of the property;
(2) the time within which the use must be implemented and
maintained;
(3) any other terms and conditions that are established by the
county executive;
(4) the reversion of the property to the county executive if the
grantee fails to comply with the terms and conditions; and
(5) the forfeiture of any bond or deposit to the county
executive if the grantee fails to comply with the terms and
conditions.
If the grantee fails to comply with the terms and conditions of the
transfer and title to the property reverts to the county executive,
the property may be retained by the county executive or disposed
of under any of the provisions of this chapter or IC 6-1.1-25, or
both.
SECTION 13. IC 9-13-2-96 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 96. (a) "Manufactured
home" means, except as provided in subsection (b), a structure that:
(1) is assembled in a factory;
(2) bears a seal certifying that it was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.);
(3) is designed to be transported from the factory to another site in one (1) or more units;
(4) is suitable for use as a dwelling in any season; and
(5) is more than thirty-five (35) feet long.
(b) "Manufactured home", for purposes of IC 9-17-6, means either of the following:
(1) A structure having the meaning set forth in the federal Manufactured Housing Construction and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
(2) A mobile home.
SECTION 14. IC 9-13-2-103.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 103.2. (a) "Mobile home" means, except as provided in subsection (b), a structure that:
(1) is assembled in a factory;
(2) is designed to be transported from the factory to another site in one (1) or more units;
(3) is suitable for use as a dwelling in any season;
(4) is more than thirty-five (35) feet long; and
(5) either:
(A) bears a seal certifying that the structure was built in compliance with the federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et
seq.); or
(B) was manufactured before the effective date of the
federal Manufactured Housing Construction and Safety
Standards Law of 1974 (42 U.S.C. 5401 et seq.).
(b) "Mobile home", for purposes of IC 9-22-1.5, has the meaning set
forth in IC 6-6-5-1.
SECTION 15. IC 9-17-6-0.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 0.5. For purposes of this chapter, a reference to a
manufactured home must be construed to also refer to a mobile
home.
SECTION 16. IC 9-17-6-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2013]: Sec. 17. A purchase contract for a manufactured home
that is subject to section 1 of this chapter is subject to the following
terms and conditions:
(1) The seller must provide a copy of the title to the
manufactured home.
(2) The contract must specify whether the seller or buyer is
responsible for the payment of property taxes assessed against
the manufactured home under IC 6-1.1-7.
(3) The buyer of the manufactured home must record the
contract in the county recorder's office.
SECTION 17. IC 9-18-2-7, AS AMENDED BY SEA 563-2013,
SECTION 48, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 7. (a) A person who owns a vehicle that is
operated on Indiana roadways and subject to registration shall register
the vehicle as follows:
(1) A vehicle subject to section 8 of this chapter shall be
registered under section 8 of this chapter.
(2) Subject to subsection (g) or (h), a vehicle not subject to
section 8 or 8.5 of this chapter or to the International Registration
Plan shall be registered before:
(A) March 1 of each year; or
(B) an earlier date subsequent to January 1 of each year as set
by the bureau.
(3) School buses owned by a school corporation are exempt from
annual registration but are subject to registration under
IC 20-27-7.
(4) Subject to subsection (f), a vehicle subject to the International Registration Plan shall be registered before April 1 of each year.
(5) A school bus not owned by a school corporation shall be registered subject to section 8.5 of this chapter.
(b) Registrations and reregistrations under this section are for the calendar year. Registration and reregistration for school buses owned by a school corporation may be for more than a calendar year.
(c) License plates for a vehicle subject to this section may be displayed during:
(1) the calendar year for which the vehicle is registered; and
(2) the period of time:
(A) subsequent to the calendar year; and
(B) before the date that the vehicle must be reregistered.
(d) Except as provided in IC 9-18-12-2.5, a person who owns or operates a vehicle may not operate or permit the operation of a vehicle that:
(1) is required to be registered under this chapter; and
(2) has expired license plates.
(e) If a vehicle that is required to be registered under this chapter has:
(1) been operated on the highways; and
(2) not been properly registered under this chapter;
the bureau shall, before the vehicle is reregistered, collect the registration fee that the owner of the vehicle would have paid if the vehicle had been properly registered.
(f) The department of state revenue may adopt rules under IC 4-22-2 to issue staggered registration to motor vehicles subject to the International Registration Plan.
(g) Except as provided in section 8.5 of this chapter, the bureau may adopt rules under IC 4-22-2 to issue staggered registration to motor vehicles described in subsection (a)(2).
(h) After June 30, 2011, the registration of a vehicle under IC 9-18-16-1(a)(1) or IC 9-18-16-1(a)(2) expires on December 14 of each year. However, if a vehicle is registered under IC 9-18-16-1(a)(1) or IC 9-18-16-1(a)(2) and the registration of the vehicle is in effect on June 30, 2011, the registration of the vehicle remains valid:
(1) throughout calendar year 2011; and
(2) during the period that:
(A) begins January 1, 2012; and
(B) ends on the date on which the vehicle was due for reregistration under the law in effect before this subsection took effect.
SECTION 18. IC 16-41-27-31, AS AMENDED BY P.L.87-2005, SECTION 27, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 31. Each mobile home community operator shall maintain a register open for
(1) The names and ages of all occupants.
(2) The name of the owner of the mobile home or manufactured home.
SECTION 19. IC 32-30-10.6-1, AS ADDED BY P.L.102-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 1. This chapter applies to the following:
(1) A mortgage foreclosure action filed under IC 32-30-10-3.
(2) A determination that property is abandoned or vacant for purposes of IC 6-1.1-24.
SECTION 20. IC 32-30-10.6-2, AS ADDED BY P.L.102-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 2. As used in this chapter, "enforcement authority" refers to the enforcement authority (as defined in IC 36-7-9-2) that has jurisdiction in the location of the property.
SECTION 21. IC 32-30-10.6-3.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 3.5. (a) This section applies to a
property whether or not there is a mortgage on the property.
(b) As an alternative to seeking a determination of abandonment
under any other statute, the executive of a city or town that:
(1) has jurisdiction in the location of a property; and
(2) does not have a person designated as a hearing authority,
as defined by IC 36-7-9-2;
may petition a court for a determination that the property is
abandoned.
(c) A petition filed with the court under this section must do all
the following:
(1) Include a statement of the enforcement authority's
jurisdiction in the location of the property.
(2) Allege that the property is abandoned.
(3) Include evidence that one (1) or more of the conditions set
forth in section 5(a) or 5(b) of this chapter apply.
(d) A petition under this section shall be served on:
(1) the creditor and the debtor, if the property is subject to a
mortgage; and
(2) any other appropriate party;
in the manner prescribed by the Indiana Rules of Trial Procedure.
SECTION 22. IC 32-30-10.6-4, AS ADDED BY P.L.102-2012,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 4. (a) Upon receiving a request for a
determination of abandonment from a creditor or an enforcement
authority through a petition or motion filed with the court and served
on the required parties in accordance with section 3 or 3.5 of this
chapter, the court shall issue an order to show cause as to why the
property should not be found to be abandoned and directing the
petitioner, the debtor, and any other person or party the court considers
appropriate to appear before the court on a date and time specified in
the order under subdivision (1). The court's order under this subsection
must do the following:
(1) Direct the parties subject to the order to appear before the
court on a date and time specified by the court. The date specified
under this subdivision must not be:
(A) earlier than fifteen (15) days; or
(B) later than twenty-five (25) days;
after the date of the court's order under this section.
(2) Notify the parties subject to the order that any party ordered to appear:
(A) may present evidence or objections on the issue of abandonment to the court:
(i) in writing before the appearance date specified by the court under subdivision (1); or
(ii) in writing or by oral testimony on the date and at the time specified by the court under subdivision (1);
in the manner specified by the court; and
(B) has the right to be represented by an attorney when appearing before the court.
(3) Notify the parties subject to the order that if
(A) submit written evidence or objections to the court before the appearance date specified by the court under subdivision (1); or
(B) appear before the court on the date and at the time specified by the court under subdivision (1);
the
(b) A party subject to an order issued by the court under this section has the following rights, as described in the court's order under subsection (a):
(1) The right to present evidence or objections on the issue of abandonment to the court:
(A) in writing before the appearance date specified in the court's order under subsection (a)(1); or
(B) in writing or by oral testimony on the date and at the time specified in the court's order under subsection (a)(1);
in the manner specified by the court.
(2) The right to be represented by an attorney when appearing before the court.
SECTION 23. IC 32-30-10.6-5, AS ADDED BY P.L.102-2012, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 5. (a) Subject to subsection (b), for purposes of an abandonment determination under this chapter, one (1) or more of the following constitute prima facie evidence that
(1) The enforcement authority that has jurisdiction in the location of the
(2) Windows or entrances to the
(3) Multiple window panes on the
(4) One (1) or more doors to the
(5) Gas service, electric service, water service, or other utility service to the
(6) Rubbish, trash, or debris has accumulated on the
(7) The
(8) The creditor has changed the locks on the
(9) There exist one (1) or more written statements, including documents of conveyance, that have been executed by the debtor, or by the debtor's personal representatives or assigns, and that indicate a clear intent to abandon the
(10) There exists other evidence indicating a clear intent to abandon the
(b) Regardless of whether any of the conditions described in subsection (a) are found to apply, the debtor's failure to either:
(1) present evidence or objections on the issue of abandonment to the court in writing before the appearance date specified in the court's order under section 4(a)(1) of this chapter; or
(2) appear before the court on the date specified in the court's order under section 4(a)(1) of this chapter;
constitutes prima facie evidence that the
(c) If the court finds that:
(1) one (1) or more of the conditions described in subsection (a) apply; or
(2) the circumstances described in subsection (b) apply;
the court shall issue an order finding that the
abandoned.
SECTION 24. IC 34-30-26-5, AS ADDED BY P.L.170-2011,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) Except as provided in subsection (d), a
person who is not the owner of real property or who is a creditor, and
who suspects that the property may be vacant or abandoned, may enter
upon the premises of the real property to do the following:
(1) Without entering any structure located on the real property,
visually inspect the real property to determine whether the real
property may be vacant or abandoned.
(2) Perform any of the following actions:
(A) Secure the real property.
(B) Remove trash or debris from the grounds of the real
property.
(C) Landscape, maintain, or mow the grounds of the real
property.
(D) Remove or paint over graffiti on the real property.
(b) A person who:
(1) enters upon the premises of real property to visually inspect
the property, as permitted under subsection (a)(1); and
(2) after inspecting the real property, determines that the real
property may be vacant or abandoned;
may notify the appropriate enforcement authority of the suspected
vacant or abandoned status of the property and request that the
enforcement authority inspect the property to determine whether the
property is in fact vacant or abandoned.
(c) A person that enters upon the premises of real property as
permitted under this section:
(1) is immune from civil liability for an act or omission related to
the entry or to any action described in subsection (a)(2), unless
the act or omission constitutes gross negligence or willful,
wanton, or intentional misconduct; and
(2) shall be held harmless from and against all claims of civil or
criminal trespass.
(d) In the case of real property that is subject to a mortgage, the
creditor in the mortgage transaction may not enter upon the premises
of the real property under subsection (a) if entry is barred by an
automatic stay issued by a bankruptcy court.
SECTION 25. IC 35-43-2-2, AS AMENDED BY P.L.88-2009,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 2. (a) A person who:
(1) not having a contractual interest in the property, knowingly or
intentionally enters the real property of another person after
having been denied entry by the other person or that person's
agent;
(2) not having a contractual interest in the property, knowingly or
intentionally refuses to leave the real property of another person
after having been asked to leave by the other person or that
person's agent;
(3) accompanies another person in a vehicle, with knowledge that
the other person knowingly or intentionally is exerting
unauthorized control over the vehicle;
(4) knowingly or intentionally interferes with the possession or
use of the property of another person without the person's consent;
(5) not having a contractual interest in the property, knowingly or
intentionally enters the dwelling of another person without the
person's consent;
(6) knowingly or intentionally:
(A) travels by train without lawful authority or the railroad
carrier's consent; and
(B) rides on the outside of a train or inside a passenger car,
locomotive, or freight car, including a boxcar, flatbed, or
container without lawful authority or the railroad carrier's
consent;
(7) not having a contractual interest in the property, knowingly or
intentionally enters or refuses to leave the property of another
person after having been prohibited from entering or asked to
leave the property by a law enforcement officer when the property
is
(A) vacant or designated by a municipality or county
enforcement authority to be abandoned property and
(B) subject to abatement under IC 32-30-6, IC 32-30-7,
IC 32-30-8, IC 36-7-9, or IC 36-7-36; or an abandoned
structure (as defined in IC 36-7-36-1); or
(8) knowingly or intentionally enters the property of another
person after being denied entry by a court order that has been
issued to the person or issued to the general public by
conspicuous posting on or around the premises in areas where a
person can observe the order when the property
(A) has been designated by a municipality or county
enforcement authority to be a vacant property, or an
abandoned property, and
(B) is subject to an abatement order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36; or an
abandoned structure (as defined in IC 36-7-36-1);
commits criminal trespass, a Class A misdemeanor. However, the
offense is a Class D felony if it is committed on a scientific research
facility, on a key facility, on a facility belonging to a public utility (as
defined in IC 32-24-1-5.9(a)), on school property, or on a school bus or
the person has a prior unrelated conviction for an offense under this
section concerning the same property.
(b) A person has been denied entry under subdivision (a)(1) of this
section when the person has been denied entry by means of:
(1) personal communication, oral or written;
(2) posting or exhibiting a notice at the main entrance in a manner
that is either prescribed by law or likely to come to the attention
of the public; or
(3) a hearing authority or court order under IC 32-30-6,
IC 32-30-7, IC 32-30-8, IC 36-7-9, or IC 36-7-36.
(c) A law enforcement officer may not deny entry to property or ask
a person to leave a property under subsection (a)(7) unless there is
reasonable suspicion that criminal activity has occurred or is occurring.
(d) A person described in subsection (a)(7) violates subsection
(a)(7) unless the person has the written permission of the owner,
owner's agent, enforcement authority, or court to come onto the
property for purposes of performing maintenance, repair, or demolition.
(e) A person described in subsection (a)(8) violates subsection
(a)(8) unless the court that issued the order denying the person entry
grants permission for the person to come onto the property.
(f) Subsections (a), (b), and (e) do not apply to the following:
(1) A passenger on a train.
(2) An employee of a railroad carrier while engaged in the
performance of official duties.
(3) A law enforcement officer, firefighter, or emergency response
personnel while engaged in the performance of official duties.
(4) A person going on railroad property in an emergency to rescue
a person or animal from harm's way or to remove an object that
the person reasonably believes poses an imminent threat to life or
limb.
(5) A person on the station grounds or in the depot of a railroad
carrier:
(A) as a passenger; or
(B) for the purpose of transacting lawful business.
(6) A:
(A) person; or
(B) person's:
(i) family member;
(ii) invitee;
(iii) employee;
(iv) agent; or
(v) independent contractor;
going on a railroad's right-of-way for the purpose of crossing at a
private crossing site approved by the railroad carrier to obtain
access to land that the person owns, leases, or operates.
(7) A person having written permission from the railroad carrier
to go on specified railroad property.
(8) A representative of the Indiana department of transportation
while engaged in the performance of official duties.
(9) A representative of the federal Railroad Administration while
engaged in the performance of official duties.
(10) A representative of the National Transportation Safety Board
while engaged in the performance of official duties.
SECTION 26. IC 36-2-11-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 14.5. (a) As used in this section,
"manufactured home" has the meaning set forth in
IC 9-13-2-96(b).
(b) As used in this section, "mobile home" has the meaning set
forth in IC 6-1.1-7-1(b).
(c) A person must do the following to record a purchase
contract that is subject to IC 9-17-6-17:
(1) Submit the following to the county recorder:
(A) A copy of the title to the manufactured home or mobile
home.
(B) An affidavit stating whether the contract requires the
seller or the buyer to pay the property taxes imposed on
the manufactured home or mobile home.
(2) Pay any applicable recording fees.
(d) The county recorder shall record a purchase contract
submitted for recording under IC 9-17-6-17 by a person who
complies with subsection (c). The county recorder shall do the
following:
(1) Provide the following to the county treasurer with respect
to each contract recorded under this section:
(A) The copy of the title to the manufactured home or
mobile home received by the county recorder under
subsection (c)(1)(A).
(B) The affidavit received by the county recorder under
subsection (c)(1)(B).
(2) Notify the township assessor of the township in which the
mobile home is located, or to which the mobile home will be
moved, that a contract for the sale of the mobile home has
been recorded. If there is no township assessor for the
township, the county recorder shall provide the notice
required by this subdivision to the county assessor.
SECTION 27. IC 36-7-9-5, AS AMENDED BY P.L.1-2010,
SECTION 149, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: Sec. 5. (a) The enforcement authority
may issue an order requiring action relative to any unsafe premises,
including:
(1) vacating of an unsafe building;
(2) sealing an unsafe building against intrusion by unauthorized
persons, in accordance with a uniform standard established by
ordinance;
(3) extermination of vermin in and about the unsafe premises;
(4) removal of trash, debris, fire hazardous material, or a public
health hazard in and about the unsafe premises;
(5) repair or rehabilitation of an unsafe building to bring it into
compliance with standards for building condition or maintenance
required for human habitation, occupancy, or use by a statute, a
rule adopted under IC 4-22-2, or an ordinance;
(6) demolition and removal of part of an unsafe building;
(7) demolition and removal of an unsafe building if:
(A) the general condition of the building warrants removal; or
(B) the building continues to require reinspection and
additional abatement action after an initial abatement action
was taken pursuant to notice and an order; and
(8) requiring, for an unsafe building that will be sealed for a
period of more than ninety (90) days:
(A) sealing against intrusion by unauthorized persons and the
effects of weather;
(B) exterior improvements to make the building compatible in
appearance with other buildings in the area; and
(C) continuing maintenance and upkeep of the building and
premises;
in accordance with standards established by ordinance.
Notice of the order must be given under section 25 of this chapter. The
ordered action must be reasonably related to the condition of the unsafe
premises and the nature and use of nearby properties. The order
supersedes any permit relating to building or land use, whether that
permit is obtained before or after the order is issued.
(b) The order must contain:
(1) the name of the person to whom the order is issued;
(2) the legal description or address of the unsafe premises that are
the subject of the order;
(3) the action that the order requires;
(4) the period of time in which the action is required to be
accomplished, measured from the time when the notice of the
order is given;
(5) if a hearing is required, a statement indicating the exact time
and place of the hearing, and stating that person to whom the
order was issued is entitled to appear at the hearing with or
without legal counsel, present evidence, cross-examine opposing
witnesses, and present arguments;
(6) if a hearing is not required, a statement that an order under
subsection (a)(2), (a)(3), (a)(4), or (a)(5) becomes final ten (10)
days after notice is given, unless a hearing is requested in writing
by a person holding a fee interest, life estate interest, or equitable
interest of a contract purchaser in the unsafe premises, and the
request is delivered to the enforcement authority before the end
of the ten (10) day period;
(7) a statement briefly indicating what action can be taken by the
enforcement authority if the order is not complied with;
(8) a statement indicating the obligation created by section 27 of
this chapter relating to notification of subsequent interest holders
and the enforcement authority; and
(9) the name, address, and telephone number of the enforcement
authority.
(c) The order must allow a sufficient time, of at least ten (10) days,
but not more than sixty (60) days, from the time when notice of the
order is given, to accomplish the required action. If the order allows
more than thirty (30) days to accomplish the action, the order may
require that a substantial beginning be made in accomplishing the
action within thirty (30) days.
(d) The order expires two (2) years from the day the notice of the
order is given, unless one (1) or more of the following events occurs
within that two (2) year period:
(1) A complaint requesting judicial review is filed under section
8 of this chapter.
(2) A contract for action required by the order is let at public bid
under section 11 of this chapter.
(3) A civil action is filed under section 17 of this chapter.
(e) If the order contains a statement under subsection (a)(6) or
(a)(7), notice of the order shall be given to each person with a
known or recorded substantial property interest.
SECTION 28. IC 36-7-10.1-3, AS AMENDED BY P.L.137-2012,
SECTION 119, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2013]: 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, including any procedures for
issuing a continuous abatement notice under subsection (d).
(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 first class
mail return receipt requested, or an equivalent service permitted under
IC 1-1-7-1, 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.
(d) If an initial notice of the violation of an ordinance adopted under
this section was provided by certified mail, first class mail, or
equivalent service under subsection (c), a continuous abatement notice
may be posted at the property at the time of abatement instead of by
certified mail, first class mail, or equivalent service as required under
subsection (c). A continuous abatement notice serves as notice to the
real property owner that each subsequent violation during the same
year for which the initial notice of the violation was provided may be
abated by the municipality or county, or its contractors.
SECTION 29. IC 36-7-10.1-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 4. (a) Except as
provided in subsection (b), if the owner of real property fails to pay
a bill issued under section 3 of this chapter within the time specified in
the ordinance, the department specified in the ordinance shall certify
to the county auditor the amount of the bill, plus any additional
administrative costs incurred in the certification. The auditor shall
place the total amount certified on the tax duplicate for the property
affected, and the total amount, including any accrued interest, shall be
collected as delinquent taxes are collected and shall be disbursed to the
general fund of the municipality or county.
(b) If the owner of real property fails to pay a bill issued under
section 3 of this chapter within the time specified in the ordinance,
the municipality or county may bring an action in an appropriate
court to collect the amount of the bill, plus any additional costs
incurred in the collection, including court costs and reasonable
attorney's fees. If the municipality or county obtains a judgment
under this subsection, the municipality or county may obtain a lien
in the amount of the judgment on any real or personal property of
the owner.
SECTION 30. An emergency is declared for this act.
SEA 433 _ CC 1
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