Sec. 2. (a) This section applies to the following units:

(1) Municipalities.

Terms Used In Indiana Code 36-7-10-2

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) Counties.

     (b) A unit may adopt ordinances that define as restricted fire limits those areas in which congestion of buildings would be conducive to the spread of fire and that prevent the spread of fires within those limits by:

(1) specifying the types of buildings that may not be constructed;

(2) requiring a license for construction of buildings;

(3) limiting the height to which buildings may be constructed;

(4) regulating the type of foundations, walls, roofs, doors, windows, and floors used in buildings that are constructed;

(5) requiring the inspection of buildings and structures that have been, are being, or are to be constructed;

(6) authorizing the revocation of the license for the construction of a building; and

(7) authorizing the condemnation of a completed or partially completed building, either by:

(A) ordinance providing the method of condemnation; or

(B) appropriate action in the name of the municipality, brought when the works board, safety board, or other proper authority finds that the building is dangerous, insecure, or constructed in violation of an ordinance.

     (c) A municipality may enforce ordinances adopted under this section within its corporate boundaries and in the contiguous unincorporated area, to the same extent as and in the same area that is under the jurisdiction of the municipal plan commission. However, the municipal ordinance may not be enforced in an unincorporated area if that area is subject to a county ordinance adopted under this section.

[Pre-Local Government Recodification Citation: 18-5-19-1.]

As added by Acts 1981, P.L.309, SEC.29. Amended by Acts 1981, P.L.310, SEC.69.