IN GENERAL

Indianapolis-Marion County Revised Code tit. III, ch. 537, art. I

in effect

Indianapolis-Marion County Revised Code § 537-1 Definitions.

Sec. 537-1. - Definitions. As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section. Accessory structure means a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises. Appropriate fill material means material that can be properly compacted when used as fill. The fill that is placed from grade to a depth of twelve (12) inches shall consist of at least eighty (80) percent soil base material and have no stones or rocks larger than four (4) inches in any dimension. Chimney means a vertical masonry shaft of reinforced concrete or other approved noncombustible, heat-resisting material enclosing one (1) or more flues for the purpose of removing products of combustion from solid, liquid or gaseous fuel. Division of property and land use services or division means the division of property and land use services of the department of business and neighborhood services. The division of property and land use services is the "enforcement authority" as defined in IC 36-7-9-2. Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food. Grade means finished ground level. Health and hospital corporation means the Health and Hospital Corporation of Marion County, Indiana. Hearing authority means a person or persons designated as such by the director of the department of business and neighborhood services. An employee of the enforcement authority may not be designated as the hearing authority. Junk vehicle means any vehicle that is no longer licensed or that does not display a current license, from which any part material to the operation of the vehicle has been removed, or that is inoperable for any reason. Lead-based paint means any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint and paint products. Mosquito harborage means any condition or place that promotes the breeding or infestation of mosquitoes. Owner means a person with 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 Marion county recorder's office; or (ii) In the case of a lien evidenced by a certificate of sale issued under IC 6-1.1-24, the Marion County auditor's office. Premises means a platted lot or part thereof or unplatted lot or parcel of land on which is located a structure and includes any such structure, accessory structure, adjoining alley, easement or drainage way. Refuse means all putrescible and nonputrescible solids including garbage, rubbish, ashes and dead animals. Sound condition and good repair means the structure or portion thereof is suitable for use in the manner intended and maintained free of defects and deterioration. Structure means any manmade construction built up or composed of parts formed together in some definite pattern, such as a building, fence, swimming pool or sign. Rat harborage means any conditions or place where rats can live, nest or seek shelter. Rubbish means nonputrescible solid wastes consisting of either: (1) Combustible wastes such as paper, cardboard, plastic containers and wood; or (2) Noncombustible wastes such as tin cans and crockery. Tree, when used by itself, means any woody, perennial plant and includes those having a single main stem that grows to a minimum height of over ten (10) feet. Unsafe means a structure or premises as defined in IC 36-7-9. Vacant means currently unoccupied or occupied by vagrants, squatters, trespassers or other persons having no legal right to occupy. Weeds means vegetation that has attained a height of twelve (12) inches or more and that constitutes a potential rat harborage or other health or safety hazard. (G.O. 135, 1991, § 1; G.O. 63, 2009, § 33; G.O. 33, 2015, § 1; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)

Indianapolis-Marion County Revised Code § 537-2 Applicability.

Sec. 537-2. - Applicability. The general provisions in this article shall apply in the interpretation and enforcement of this chapter. (G.O. 135, 1991, § 1)

Indianapolis-Marion County Revised Code § 537-3 Title.

Sec. 537-3. - Title. This chapter shall be known and may be cited as the "Vacant Building Standards of Marion County, Indiana," and will be referred to herein as "these standards." (G.O. 135, 1991, § 1)

Indianapolis-Marion County Revised Code § 537-4 Legislative findings.

Sec. 537-4. - Legislative findings. It is hereby found that there exists, and may exist in the future, vacant buildings which have remained continuously vacant, or which have not been properly maintained and which, because of their deteriorated condition or continuous vacancy, constitute a significant threat to the public health, safety and social well-being. The Indiana General Assembly, in enacting IC 36-7-9-4.5 and IC 36-7-36, found that such buildings create a serious, substantial problem and encouraged local governmental bodies to adopt appropriate vacancy, maintenance, and repair standards so that vigorous and disciplined action can be taken to ensure that vacant buildings are properly maintained and repaired. (G.O. 135, 1991, § 1; G.O. 38, 2025, § 1)

Indianapolis-Marion County Revised Code § 537-5 Scope.

Sec. 537-5. - Scope. These standards shall apply to the vacancy, maintenance, repair, and boarding of vacant structures located in the county. These standards shall in no way limit the types of action the division of property and land use services is authorized to take under IC 36-7-9-1 and/or IC 36-7-36 et seq. relative to the continual vacancy or exterior condition of unsafe or vacant buildings, the interior of unsafe or vacant buildings, or the premises on which vacant or unsafe buildings are located. (G.O. 135, 1991, § 1; G.O. 63, 2009, § 34; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)

Indianapolis-Marion County Revised Code § 537-6 Public nuisance.

Sec. 537-6. - Public nuisance. Any structure which fails to meet the minimum standards set forth herein shall be deemed a public nuisance and subject to remedial action under IC 36-7-9-1 and/or IC 36-7-36 et seq. (G.O. 135, 1991, § 1; G.O. 38, 2025, § 1)

Indianapolis-Marion County Revised Code § 537-7 Remedial action.

Sec. 537-7. - Remedial action. Orders issued by the division under IC 36-7-9 requiring an owner to bring their property into compliance with these standards shall be complied with by the time specified in the order, or as extended by the hearing authority acting under IC 36-7-9-7. Persons issued a notice by the division under IC 36-7-36 shall address the continuous vacancy as required by these standards by the time specified in the notice, or as extended by the division. However, an order, other than an order requiring immediate boarding, shall provide the owner at least thirty-three (33) days from the mailing of the order to comply or to prepare for an administrative hearing. (G.O. 135, 1991, § 1; G.O. 63, 2009, § 35; G.O. 41, 2016, § 2; G.O. 38, 2025, § 1)

Indianapolis-Marion County Revised Code § 537-8 Building codes.

Sec. 537-8. - Building codes. The repair, alteration or rehabilitation of any structure or portion thereof which may be required by the provisions of these standards shall be done in accordance with the applicable state rules and regulations as promulgated by the Indiana Fire Prevention and Building Safety Commission and in accordance with the "Building Standards and Procedures," Chapter 536 of this Code. (G.O. 135, 1991, § 1)

Indianapolis-Marion County Revised Code § 537-9 Zoning ordinances.

Sec. 537-9. - Zoning ordinances. Nothing in these standards shall permit the abridgement or violation of any provision contained in the "Zoning Ordinance of Marion County," Code of Indianapolis and Marion County, Indiana, appendix D. (G.O. 135, 1991, § 1)

Indianapolis-Marion County Revised Code § 537-10 Historic preservation.

Sec. 537-10. - Historic preservation. The repair, alteration or rehabilitation of any structure or portion thereof which may be required by the provisions of these standards shall be done in accordance with IC 36-7-11-1 et seq., "Historic Preservation in Marion County," and with the plans, rules and regulations of the Indianapolis Historic Preservation Commission. (G.O. 135, 1991, § 1)

Indianapolis-Marion County Revised Code § 537-11 Health and hospitals.

Sec. 537-11. - Health and hospitals. No residential structure may be occupied unless all provisions of the "Housing and Environmental Standards Ordinance of Marion County," Chapter 10 of the Code of the Health and Hospital Corporation of Marion County, Indiana, are met. Nothing in these standards shall permit the abridgement or violation of any provision contained in the "Housing and Environmental Standards of Marion County." (G.O. 135, 1991, § 1)

Indianapolis-Marion County Revised Code § 537-12 Repair order hearings.

Sec. 537-12. - Repair order hearings. (1) An order issued under IC 36-7-9-5(a)(5) ("order to repair" or "repair order") becomes final ninety (90) days from the order issuance date, unless a hearing under IC 36-7-9-7 is requested before the ninety (90) day period ends. (2) If a hearing under IC 36-7-9-7 is not requested before the ninety (90) day period ends, and civil penalties are assessed for failure to comply with the repair order pursuant to IC 36-7-9-7.5, an informal civil penalty dispute hearing before the director of the department of business and neighborhood services, or their designee, to dispute the existence of a violation and/or the amount of civil penalties assessed, can be requested within thirty (30) days of the penalty being assessed. (3) If a hearing under IC 36-7-9-7 is not requested before the ninety (90) day period ends, civil penalties are assessed for failure to comply with the repair order pursuant to IC 36-7-9-7.5, and the structure is in compliance with the repair order, an informal civil penalty review hearing before the director of the department of business and neighborhood services, or his or her designee, to dispute the amount of civil penalties assessed, can be requested within four (4) years of the order issuance date. (4) All hearing requests must be submitted in a manner approved by the division. After each informal hearing, the director of the department of business and neighborhood services, or his or her designee, shall determine the existence of a violation and/or the amount of civil penalties assessed and shall notify the recipient of any amounts due to the department. The decision of the director, or his or her designee, shall be final. (G.O. 40, 2025, § 19)

Indianapolis-Marion County Revised Code § 537-13 Civil penalty dispute hearing eligibility.

Sec. 537-13. - Civil penalty dispute hearing eligibility. The hearing requestor must be the current property owner of record with the Marion County Assessor's Office; and the civil penalties were either paid, or to be paid, by the requestor. (1) Tax sale buyers are eligible for a civil penalty dispute hearing once ownership of the property has been transferred to the tax sale buyer. The division shall waive civil penalties assessed during the tax sale redemption period upon receipt of written request from the tax sale buyer, when property ownership has been transferred to the tax sale buyer and all other civil penalty review hearing eligibility requirements are met at the time the request is received, without requiring a civil penalty dispute or review hearing. (2) Contract buyers and other parties with a recorded interest in the property are not eligible for a civil penalty dispute hearing, unless: a. The current property owner of record with the Marion County Assessor's Office requests a hearing on the party's behalf; b. The current property owner of record with the Marion County Assessor's Office submits an affidavit provided by the division that authorizes the party to request the hearing; or c. A copy of an instrument recorded with the Marion County Recorder's Office, showing the requestor's recorded interest in the property, is provided to the division. (3) The following civil penalties are not eligible for a civil penalty dispute hearing: a. Civil penalties that were paid, or are to be paid, by a party other than the requesting party; b. Civil penalties paid as part of a property transaction, including, but not limited to, civil penalties paid as part of a willing bid for tax sale, surplus sale, Sheriff's sale, foreclosure, any other auction, or purchase price or closing costs of the property; or c. Civil penalties for which a civil penalty dispute hearing was already decided. (G.O. 40, 2025, § 19)

Indianapolis-Marion County Revised Code § 537-14 Civil penalty review hearing eligibility.

Sec. 537-14. - Civil penalty review hearing eligibility. The hearing requestor must be the current property owner of record with the Marion County Assessor's Office; and the civil penalties were either paid, or to be paid, by the requestor. Prior owners and prior interested parties that did not bring the structure into compliance with the repair order, regardless of whether civil penalties were paid prior to the property transfer, are not eligible for a civil penalty review hearing. 1. Tax sale buyers are eligible for a civil penalty review hearing once ownership of the property has been transferred to the tax sale buyer. The division shall waive civil penalties assessed during the tax sale redemption period upon receipt of written request from the tax sale buyer, when property ownership has been transferred to the tax sale buyer and all other civil penalty review hearing eligibility requirements are met at the time the request is received, without requiring a civil penalty dispute or review hearing. 2. Contract buyers and other parties with a recorded interest in the property are not eligible for a civil review dispute hearing, unless: a. The current property owner of record with the Marin County Assessor's Office requests a hearing on the party's behalf; b. The current property owner of record with the Marion County Assessor's Office submits an affidavit provided by the division that authorizes the party to request the hearing; or c. A copy of an instrument recorded with the Marion County Recorder's Office, showing the requestor's recorded interest in the property, is provided to the division. 3. The following civil penalties are not eligible for a civil penalty review hearing: a. Civil penalties that were paid, or are to be paid, by a party other than the requesting party; or b. Civil penalties paid as part of a property transaction, including, but not limited to, civil penalties paid as part of a willing bid for tax sale, surplus sale, Sherriff's sale, foreclosure, or any other auction, or purchase price or closing costs of the property. (G.O. 40, 2025, § 19)

Indianapolis-Marion County Revised Code § 537-15 Repair order compliance waiver.

Sec. 537-15. - Repair order compliance waiver. When compliance has been met during the life of a repair order, and the division has closed the active repair order as compliant, all penalties and liens incurred during that order shall be waived. Only penalties paid by the current property owner during the active order shall be refunded. Prior owners and prior interested parties that did not bring the structure into compliance with the repair order, regardless of whether civil penalties were paid prior to the property transfer, are not eligible. Previously closed and/or expired repair orders are not eligible. This waiver will be granted upon closure of the order and does not require a civil penalty hearing. (G.O. 40, 2025, § 19)

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_CH537VABUST_ARTIINGEFetched: 10/27/2026