IMPROVEMENTS AND DOCKS

Indianapolis-Marion County Revised Code tit. III, ch. 631, art. II, div. 2

in effect

Indianapolis-Marion County Revised Code § 631-221 Promulgation of regulations for improvements and docks.

Sec. 631-221. - Promulgation of regulations for improvements and docks. (a) The board of public works shall promulgate regulations which set forth standards for the construction, modification and maintenance of improvements authorized by section 631-222(a) of this Code. Such regulations may be amended by additions, changes or deletions from time to time. (b) The board of parks and recreation, in consultation with the board of public works, shall promulgate regulations which set forth standards for the construction, modification and maintenance of docks authorized by section 631-222(a) of this Code. Such regulations may be amended by additions, changes or deletions from time to time. (c) The regulations required by subsections (a) and (b) shall be promulgated in accordance with procedures established by Chapter 141 and section 631-204, respectively. (d) In promulgating the regulations required by subsection (a), the board of public works shall consider the safety of the proposed improvement and the necessity of maintaining the flood control function of the reservoir. (e) In promulgating the regulations required by subsection (b), the board of parks and recreation shall consider the safety of the proposed dock, the aesthetics of the dock, the area in which it is to be constructed, and the necessity of maintaining the flood control function of the reservoir. (f) Regulations promulgated pursuant to this section 631-221 shall be incorporated in this chapter and shall carry the full force and effect of law. Violations of the regulations shall be considered violations of this chapter. (Code 1975, § 7-101; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-222 Permits required for improvements and docks.

Sec. 631-222. - Permits required for improvements and docks. (a) Any person who constructs a new dock or improvement, modifies a dock or improvement, or owns an existing dock or improvement any part of which is or will be located below the eight hundred fifteen (815) feet mean sea level (M.S.L.) contour line on Eagle Creek Reservoir must secure the following: (1) Permission to encroach issued by the board of public works pursuant to its interest as the holder of a flowage easement on the reservoir if any part of the dock or improvement is or will be located between the seven hundred ninety-five (795) feet M.S.L. and eight hundred fifteen (815) feet M.S.L. contour lines; (2) Permission to encroach issued by the board of public works pursuant to its interest as property owner of the reservoir if any part of the dock or improvement is or will be located below the seven hundred ninety-five (795) feet M.S.L. contour line; (3) A drainage permit issued by the department of public works pursuant to Chapter 561 of this Code; and (4) If the structure is a dock, a permit from the department of parks and recreation. Such dock permit is contingent upon the applicant first obtaining the proper approvals required by section 631-222(a)(1), (2) and (3). (b) For purposes of this division, "modify" shall mean to alter the length, shape, height, structural features or purpose of a dock or improvement, and "modification" shall mean a modification which accomplishes such changes. (Code 1975, § 7-102; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-223 Application.

Sec. 631-223. - Application. (a) Within ninety (90) days after the adoption of the ordinance from which this division derives [September 28, 1987], any person desiring to construct a new dock or improvement, modify a dock or improvement, or who owns an existing dock or improvement described by section 631-222(a), shall file an application with the department of public works. The application shall contain the following information: (1) The name and address of the applicant; (2) The location of the proposed or existing dock, improvement or modification; (3) A brief description of the proposed or existing dock, improvement or modification; and (4) Any other information requested by the department of public works and the department of parks and recreation. (b) In the case of an existing dock or improvement, the applicant shall permit the city to inspect the dock or improvement for compliance with the regulations promulgated pursuant to this division prior to issuing the permission to encroach or a dock permit. (c) In the case of a proposed dock, improvement or modification, the applicant shall provide drawings depicting the proposed dock, improvement or modification so that the city can determine whether such structure complies with the regulations promulgated pursuant to this division prior to issuing the permission to encroach and/or a dock permit. (d) Failure to file an application for the appropriate permission to encroach or dock permit shall constitute a violation of this article. (e) Failure to provide all information as required by the application, or the making of material misrepresentations on such application, shall constitute a violation of this article. (f) The department of public works and the department of parks and recreation may establish by regulation application fees to be paid by an applicant for a dock permit or for permission to encroach. (Code 1975, § 7-103; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-224 Agreement to indemnify and hold harmless.

Sec. 631-224. - Agreement to indemnify and hold harmless. Any applicant for permission to encroach or a dock permit required by section 631-222 must execute and submit to the department of public works with a completed application a written agreement to indemnify and hold harmless the city against all claims of injury or damage to persons or property arising from the construction, modification, ownership or use of the dock or improvement. (Code 1975, § 7-104; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-225 Proof of insurance.

Sec. 631-225. - Proof of insurance. Any applicant for permission to encroach or a dock permit required by section 631-222 must submit to the department of public works with his or her application proof of insurance in the amounts and limits specified in the regulations promulgated pursuant to this division or required from time to time. The insurance must be maintained during the applicant's ownership of the dock or improvement, and must cover liability for any and all indemnification provisions given by the applicant to the city. Failure to maintain the required insurance shall constitute a violation of this article. (Code 1975, § 7-105; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-226 Issuance of dock permits; permission to encroach.

Sec. 631-226. - Issuance of dock permits; permission to encroach. (a) Upon applicant's compliance with section 631-223, verification that applicant's proposed or existing dock, improvement or modification complies with the regulations promulgated pursuant to this division, verification that applicant has received a drainage permit pursuant to Chapter 561 of this Code, and receipt of applicant's executed indemnification and hold harmless agreement required by section 631-224 and proof of insurance required by section 631-225, the board of public works shall grant permission to encroach to the applicant. If the application is also for a dock permit, upon the granting of such permission, the department of public works shall forward copies of, evidence of, or the original application, indemnification and hold harmless agreement, proof of insurance and copies of the drainage permit and permission to encroach to the department of parks and recreation. (b) Upon applicant's compliance with section 631-223, receipt from the department of public works of the applicant's completed application, of applicant's executed indemnification and hold harmless agreement required by section 631-224, of applicant's proof in insurance required by section 631-225, and of copies of applicant's drainage permit and permission to encroach, and upon verification that applicant's proposed or existing dock or modification complies with the regulations promulgated pursuant to this division, the department of parks and recreation shall issue a dock permit to the applicant. (c) An applicant for a dock permit may appeal to the board of parks and recreation a decision of the department of parks and recreation denying or partially approving the dock permit. The appeal shall be filed with the board within ten (10) business days after the department's decision. The board shall hear the appeal de novo at a regular meeting, and in making a decision shall apply the standards set forth in the regulations adopted pursuant to this division. (d) Any dock permit or permission to encroach issued pursuant to this section shall expire sixty (60) days after the time ownership of the property which the dock or improvements serve is transferred or otherwise changed. Owners shall notify the department of public works at the time the ownership of the property is transferred. Within sixty (60) days after the date of transfer, the new owner shall apply for the appropriate dock permit and/or permission to encroach. (Code 1975, § 7-106; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-227 Duty to maintain docks and improvements.

Sec. 631-227. - Duty to maintain docks and improvements. (a) Owners of docks or improvements shall have a duty to keep and maintain such structures in compliance with the appropriate regulations promulgated by the board of public works and/or the board of parks and recreation as such regulations may exist from time to time. Failure to so maintain such docks or improvements shall constitute a violation of this article. (b) Any owner who fails to keep and maintain his or her dock or improvement in compliance with the regulations promulgated by the board of public works and/or the board of parks and recreation is subject to the enforcement provisions of section 631-229. (Code 1975, § 7-107; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-228 Nonconforming existing improvements or docks.

Sec. 631-228. - Nonconforming existing improvements or docks. (a) Upon the city's inspection of an existing dock or improvement pursuant to section 631-223(b), the city shall notify the applicant in writing of any noncompliance with the regulations adopted pursuant to this division. (b) The applicant must bring his or her dock or improvement into compliance with the regulations within sixty (60) days after receipt of the city's notice. (c) An applicant may file with the department of public works a request for an extension of time beyond the sixty (60) days in subsection (b) in which to bring the dock or improvement into compliance. An application for such extension must be filed within sixty (60) days after receipt of the notice of noncompliance. The department of public works, in consultation with the department of parks and recreation if the application is for a dock permit, may grant the applicant a reasonable extension of time if the applicant shows to the department's satisfaction that he or she is unable, due to circumstances beyond the applicant's reasonable control, to bring the dock or improvement into compliance within the initial sixty-day time period. (d) An applicant may appeal to the board of public works the decision of the department of public works on the applicant's request for extension. The appeal shall be filed within ten (10) business days after the department's decision. The board shall hear the appeal de novo at a regular meeting. In making its decision, the board shall apply the standards in subsection (c). (e) When an applicant believes that he or she has brought his or her existing dock or improvement into compliance with the promulgated regulations, the applicant shall notify the department of public works, at which time the city shall inspect the dock or improvement to confirm that it complies with the regulations. (f) After the second inspection, the city will determine pursuant to section 631-226(a) or (b) whether to issue or deny permission to encroach or a dock permit. (g) Upon the denial of an application for permission to encroach or a dock permit, the owner of an existing dock or improvement shall remove such dock or improvement from any property below the eight hundred fifteen (815) feet M.S.L. contour line. (Code 1975, § 7-108; G.O. 15, 2001, § 90)

Indianapolis-Marion County Revised Code § 631-229 Enforcement; violations and penalties; court action.

Sec. 631-229. - Enforcement; violations and penalties; court action. (a) Representatives of the city shall have the right to inspect all docks and improvements for compliance with this division and the regulations promulgated pursuant hereto. (b) Any violations of this division or of regulations promulgated pursuant hereto shall be subject to the penalties of section 103-3 of this Code. Noncompliance with any provision of this division shall carry a fine of one hundred dollars ($100.00) per day for a maximum period of twenty-five (25) days. In addition to the foregoing penalties, the appropriate department may revoke any dock permit or permission to encroach granted to an owner of a dock or improvement who has violated this division or the regulations promulgated hereunder. Upon such revocation, the owner shall remove the dock or improvement from any property below the eight hundred fifteen (815) feet M.S.L. contour line. (c) In addition to the penalties prescribed in subsection (b), the city may enjoin or abate any violation of this chapter by appropriate action. (d) The department of public works may, as the property owner of the reservoir, take any appropriate legal action including, but not limited to, an action to recover attorney's fees. (Code 1975, § 7-109; G.O. 15, 2001, § 90)

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_CH631PARE_ARTIIEACRRE_DIV2IMDOFetched: 10/27/2026