Indiana Code 36-1-6-9. Enforcement of ordinances through administrative proceedings; appeal
(b) An ordinance adopted under subsection (a) must designate the following:
Terms Used In Indiana Code 36-1-6-9
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(2) The administrative body before which the proceeding may be brought.
(c) An ordinance may not be designated under subsection (b) for enforcement through an administrative proceeding unless the ordinance restricts or prohibits actions harmful to the land, air, or water, governs use of the public way, or governs the standing or parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than a fine in an amount within the limit set forth in IC 36-1-3-8(a)(10).
(e) A person who receives a penalty under subsection (d) may appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the proceeding is brought by a county; or
(2) the county in which the municipality is located if the proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a penalty must be filed not more than sixty (60) days after the day on which the order is entered.
As added by P.L.130-1991, SEC.36. Amended by P.L.64-1992, SEC.8; P.L.308-1995, SEC.1; P.L.149-2016, SEC.93.