ENFORCEMENT AND REMEDIES

Indianapolis-Marion County Revised Code tit. III, ch. 740, art. X

in effect

Indianapolis-Marion County Revised Code § 740-1001 Statement of purpose.

Sec. 740-1001. - Statement of purpose. This article is remedial and shall be construed in such a manner as to effectuate its purpose of promoting the public health, safety, comfort, morals, convenience and general welfare by enforcement of all Codes for all lands within Marion County, Indiana. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 740-1002 Jurisdiction.

Sec. 740-1002. - Jurisdiction. A. The Commission may institute a suit for injunctive and monetary relief in the municipal, circuit, or superior courts of Marion County, Indiana; such suit is to brought in the name of and captioned as "The Metropolitan Development Commission of Marion County, Indiana," versus the person, persons or entity charged with violating the provisions of any Code or land use regulations of Marion County, Indiana. B. The Commission may also institute a suit for mandatory injunction directing a person, persons or entity to remove a structure erected in violation of any Codes or land use regulations of Marion County, Indiana. C. A structure erected, raised, or converted, or land or premises used in violation of any zoning or land use ordinance of Marion County, Indiana, shall and hereby is declared to be a common nuisance and the owner or possessor of the structure, land, or premises shall be liable for maintaining a common nuisance pursuant to IC 36-7-4-1012. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 740-1003 Inspection of property.

Sec. 740-1003. - Inspection of property. A. The Administrator, Inspectors and Law Enforcement Officers are authorized to make inspections of all lands located within Marion County in order to enforce all zoning ordinances and land use regulations of Marion County, Indiana. B. In order to execute inspections, the Administrator, Inspectors and Law enforcement officers shall have the right to enter upon any premises at any reasonable time for the purpose of carrying out their duties in the enforcement of Codes and land use regulations of Marion County, Indiana, unless the owner or occupant of the premises refuses to permit entry to the Administrator, Inspectors or Law Enforcement Officers when such entry is sought pursuant to this section. In the event of such refusal, the Administrator may make application to any judge of the municipal, circuit or superior courts of Marion County, Indiana, for the issuance of an administrative search warrant. Such application shall identify the premises upon which entry is sought and the purpose for which entry is desired. The application shall state the facts giving rise to the belief that a condition which is a violation of a Code or land use regulation of Marion County, Indiana, exists on such premises, or that a violation in fact exists and must be abated, and that the condition or violation is not a lawful nonconforming use to the best of the affiant's belief. Any warrant issued pursuant to such application shall order such owner or occupant to permit entry to the Administrator, Inspectors or Law Enforcement Officers for the purposes stated therein. In no event shall the Administrator, Inspectors or Law Enforcement Officers have the right to enter a residential structure or other structures not open to the public without the permission of the owner or occupant or an administrative search warrant first obtained. Prior to entering such residential structure or other structure not open to the public, the Administrator, Inspectors or Law Enforcement Officers shall advise the owner or occupant that such owner or occupant is not required to grant entry without the presentation of an administrative search warrant. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 740-1004 Stop-work order.

Sec. 740-1004. - Stop-work order. A. The Administrator is empowered to issue an order requiring the suspension of land improvement of any kind when any of the following circumstances exist: 1. Site improvement is occurring without an Improvement Location Permit or any other permit required by a Code having first been obtained; 2. Site improvement is occurring in violation of the terms or conditions of any special exception or variance granted under the metropolitan development law as contemplated by IC 36-7-4; in violation of conditions or commitments imposed by the Plat Committee under the metropolitan development law; in violation of covenants made in connection with the platting of a subdivision that is approved by the Plat Committee; in violation of commitments made in accordance with IC 36-7-4-607 or IC 36-7-4-921; or in violation of the terms, conditions or provisions of any Marion County Code; and 3. Site improvement is occurring for which a certificate of appropriateness from the Indianapolis Historic Preservation Commission is required pursuant to IC 36-7-11.1-1 et seq., without a certificate of appropriateness having first been issued. B. The stop-work order shall be posted on the property in a conspicuous place, or personally delivered to the owner, possessor, person in charge, or person causing the violation and state the conditions under which construction or other activity may be resumed. The Administrator or Inspector shall meet with the recipient of a stop-work order upon request to explain the conditions under which construction or other activity may be resumed. C. The designated enforcement entity may institute a suit in a court of competent jurisdiction to enforce the provision of a stop-work order. D. Enforcement activity may be pursued against owner, possessor, person in charge, person causing the violation, or combination thereof. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 740-1005 Civil zoning violations.

Sec. 740-1005. - Civil zoning violations. A. It shall be unlawful for any person who is the owner or contract vendee of, or who has a possessory interest in, real property located in Marion County to cause, suffer or allow any of the following civil zoning violations to occur on such property: 1. The location, erection, or maintenance of any sign not specifically permitted by the Zoning Ordinance; 2. The failure to obtain an Improvement Location Permit when one is required by the terms and provisions of the Zoning Ordinance; 3. The outdoor storage of junk, trash, or debris in any zoning district, the provisions of which do not specifically permit such a use; 4. The outdoor storage of inoperable vehicles or vehicle parts in any zoning district, the provisions of which do not specifically permit such a use; 5. The parking or storage of a commercial vehicle in any zoning district, when the provisions of which do not specifically permit such a use. However, this provision does not apply to motorized commercial vehicles which do not exceed a gross vehicle weight rating (GVWR) of 10,000 pounds and are not categorized as a commercial vehicle by Item 2 in the definition of a commercial vehicle; 6. The outdoor storage or display of merchandise or goods in any zoning district, the provisions of which do not specifically permit such a use or in violation of zoning district development standards regulating such use; 7. The conduct of any activity in a zoning district, not specifically enumerated as a permitted primary or accessory use in that zoning district, and which activity has not been legally established by a currently valid variance, special exception or other approval grant; 8. Failure to comply with use-specific standards and zoning district development standards, including but not limited to landscaping, paving or striping of parking areas, minimum parking space requirements, service area enclosure, fencing or screening requirements; 9. The failure to comply with the terms, provisions, conditions or commitments of a variance grant, special exception, ordinance, or other approval grant. B. Each day a civil zoning violation remains uncorrected constitutes a second or subsequent violation. It shall be a defense to an action to enforce a civil zoning violation that the use or activity alleged to be a civil zoning violation is a legally established nonconforming use. (G.O. 64, 2015, § 2; G.O. 53, 2017, § 3)

Indianapolis-Marion County Revised Code § 740-1006 Enforcement of civil zoning violations.

Sec. 740-1006. - Enforcement of civil zoning violations. A. The first civil zoning violation in a 12-month period shall be subject to admission of violation and payment of the designated civil penalty through the ordinance violations bureau in accordance with Chapter 103 of the Revised Code of the Consolidated City and County. B. In addition to the procedures listed in Chapter 103 of the Revised Code of the Consolidated City and County, a person who has been cited for a violation of this section may elect to file a land use petition. The filing of a land use petition, or subsequent issuance of a variance, special exception, rezoning or other approval of the land use petition, shall not constitute a defense of any civil zoning violation that occurs prior to the issuance of the variance, special exception, rezoning or other approval. C. All second and subsequent violations in a 12-month period are subject to the enforcement procedures and penalties provided in Section 103-3 of the Revised Code of the Consolidated City and County. D. If the Commission, Board of Zoning Appeals, Indianapolis Historic Preservation Commission, or designated enforcement entity is successful in an action brought under this article, the respondent shall bear the costs of the action. (G.O. 64, 2015, § 2)

Indianapolis-Marion County Revised Code § 740-1007 Violations of floodplain regulations.

Sec. 740-1007. - Violations of floodplain regulations. A. Failure to obtain a Floodplain Development Permit in the SFHA or failure to comply with the requirements of a Floodplain Development Permit or conditions of an appeal shall be deemed to be a violation of this Ordinance. All violations shall be considered a common nuisance and be treated as such in accordance with the provisions of the Consolidated City of Indianapolis and Marion County, Indiana. B. A separate offense shall be deemed to occur for each day the violation continues to exist. C. The Floodplain Administrator and/or designee shall inform the owner that any such violation is considered a willful act to increase flood damages and therefore may cause coverage by the standard flood insurance policy to be suspended. D. Nothing herein shall prevent the Consolidated City of Indianapolis and Marion County, Indiana from taking such other lawful action to prevent or remedy any violations. All costs connected therewith shall accrue to the person or persons responsible. (G.O. 64, 2015, § 2; G.O. 23, 2026, § 3)

Indianapolis-Marion County Revised Code § 740-1008 Severability.

Sec. 740-1008. - Severability. If any provision of the Zoning Ordinance shall be held invalid, its invalidity shall not affect any other provisions of the Zoning Ordinance that can be given effect without the invalid provision, and for this purpose the provisions of the Zoning Ordinance are hereby declared to be severable. (G.O. 64, 2015, § 2)

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_CH740GEPR_ARTXENREFetched: 10/27/2026