Improper construction to be removed by the city.
Indianapolis-Marion County Revised Code § 645-511
in effectSec. 645-511. - Improper construction to be removed by the city.
Whenever any driveway or other construction of any type or character whatsoever has been constructed upon, or partially upon, the public right-of-way of any street or roadway within the jurisdiction of the city in such a manner that the construction interferes with drainage of surface water from land other than that served by the construction, whether public or private, or interferes with traffic upon the public roadway, the department of public works shall have authority to deal with the improper construction in the manner and in accordance with the following procedures:
(1) Notice to owner and occupant. A notice shall be served upon the owner and the occupant of the premises served by the allegedly improper construction, which notice shall describe the improper construction and allow the owner or occupant at least twenty-one (21) days to contact the department of public works regarding such allegedly improper construction. If the owner or occupant does not contact the department of public works within such time, the department is authorized to remove forthwith any and all parts of such construction which are located within the public right-of-way.
(2) Time for defense. If the owner or occupant of premises upon which a notice is served under subsection (1) shall contact the department of public works, he shall be given a reasonable time, not to exceed thirty (30) days from the time of the first contact, to show that such construction was lawful when built or installed. If the owner or occupant shall show that such construction was lawful when built, all correction of any problems caused by such construction shall be at the expense of the city.
(3) Removal of construction. In the event the owner or occupant cannot show within the time period prescribed by subsection (2) that such construction was lawful when built or installed, he shall be given an additional period of thirty (30) days in which to correct the improper construction in accordance with specifications and requirements of the city. If the owner or occupant does not make such corrections within that time, the department of public works is authorized to remove forthwith, and without any further notice, any and all parts of such construction which are located within the public right-of-way.
(Code 1975, § 28-193; G.O. 15, 2001, § 108)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIIIPUHEWE_CH645PURI-W_ARTVUSOCPUWA_DIV1GE_S645-511IMCOBERECIFetched: 10/27/2026