ADMINISTRATIVE ADJUDICATION OF ENVIRONMENTAL VIOLATIONS

Indianapolis-Marion County Revised Code tit. I, ch. 103, art. V

in effect

Indianapolis-Marion County Revised Code § 103-501 Definitions.

Sec. 103-501. - Definitions. As used in this article, the following terms shall have the meanings ascribed to them in this section. Division of property and land use services means the division of property and land use services of the department of business and neighborhood services, or its designee. DPW means the department of public works. Environmental violation means a violation of a provision of the Code for which the division of property and land use services has enforcement authority pursuant to section 226-403 of the Code. Party and parties means and includes the city and respondents. Respondent means a person to whom a notice of hearing is issued pursuant to section 103-504 of this article. (G.O. 181, 1997, § 1; G.O. 38, 2007, § 4; G.O. 15, 2009, § 4; G.O. 36, 2011, § 3; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 103-502 Administrative adjudication provided.

Sec. 103-502. - Administrative adjudication provided. It is hereby declared to be the policy of the city that environmental violations may be subject to enforcement in administrative proceedings as provided in this article. (G.O. 181, 1997, § 1)

Indianapolis-Marion County Revised Code § 103-503 Hearing officers; appointment and term; compensation; qualifications; conduct.

Sec. 103-503. - Hearing officers; appointment and term; compensation; qualifications; conduct. (a) The administrative adjudication of an environmental violation under this article shall be presided over by a hearing officer appointed by the mayor, subject to the approval of the city-county council. The mayor may appoint more than one (1) hearing officer as necessary to address in an expeditious manner all environmental violations pursuant to this article. Nothing in this section shall automatically prohibit an individual who is an employee of the city or an independent contractor associated with the city from being appointed or serving as a hearing officer. (b) A person must have a minimum of two (2) years of legal and/or environmental experience to be appointed as a hearing officer. (c) A hearing officer shall not preside over a hearing or approve a compliance agreement if the hearing officer believes he or she is subject to disqualification, or if by motion of any party it appears that the hearing officer is subject to disqualification, for: (1) Bias, prejudice, or personal interest in the outcome of a hearing; (2) Knowledge of a disputed evidentiary fact which might influence the decision; (3) Failure to dispose of any motion or hearing in an orderly and reasonably prompt manner after written request by a party; or (4) Any cause for which a judge of a court may be disqualified. (d) Except as to the subjects of hearing schedules and procedures, a hearing officer who: (1) Comments publicly on a hearing over which the hearing officer presides; or (2) Communicates directly or indirectly with a party or other individual who has an interest in the outcome of a hearing, without notice and opportunity for all parties to participate in the communication; is subject to disqualification under this section. (G.O. 181, 1997, § 1)

Indianapolis-Marion County Revised Code § 103-504 Notice of administrative hearing.

Sec. 103-504. - Notice of administrative hearing. (a) Whenever DPW or the division of property and land use services issues a notice of violation for an environmental violation or determines that an environmental public nuisance as defined in chapter 575 exists, DPW or the division of property and land use services may either refer the matter to the city prosecutor to file an enforcement action in court, or issue a notice of administrative hearing as provided in this article. (b) Service of notice of administrative hearing shall be by United States mail to the respondent's last known address, or by personal service. For a violation of chapter 575, a notice of administrative hearing sent by United States mail, postage prepaid, to the owner of said real estate at the address to which property tax statements for the real estate are sent, as these addresses are shown by the most current records in the assessor's office, shall be sufficient notice to the property owner under this section. Service on an artificial person or a person incompetent to receive service shall be made on a person allowed to receive service under the rules governing civil actions in the courts. A record of the time, date and manner of service shall be kept. (c) A copy of each notice issued pursuant to this section shall be delivered to the hearing officer who will preside over the hearing. (d) Each notice of administrative hearing shall include the following information: (1) A caption for the hearing, which shall include the name of each party expected to participate in the hearing, and an official file or other reference number; (2) A statement of the date, time and place of the hearing; (3) A statement of the nature of the hearing, including the legal authority under which the hearing is to be held, and a summary of the parties' procedural rights at the hearing; (4) A statement of the date, time, place, and nature of each alleged violation, and the maximum penalty that can be imposed thereupon; (5) The official title, and mailing address of the hearing officer and a telephone number through which information concerning the hearing may be obtained; (6) The official title, mailing address and telephone number of the person who has been designated to appear on behalf of the city; and (7) A statement that a party who fails to respond to the notice of the hearing, or to participate in the hearing, may be held in default. (e) Notice of administrative hearing shall be issued at least twenty (20) days prior to the date of the hearing. (G.O. 181, 1997, § 1; G.O. 38, 2007, § 4; G.O. 15, 2009, § 5; G.O. 36, 2011, § 4; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 103-505 Prehearing procedures.

Sec. 103-505. - Prehearing procedures. (a) Prior to the hearing, the hearing officer shall give the parties an opportunity to file documents or motions regarding matters such as continuances, discovery, and any other preliminary matters. At the time of filing, a party shall serve a copy of all filed items on each other party. (b) Motions for continuance shall be filed no later than seven (7) days before the date assigned for the hearing, unless the reason therefor is shown by affidavit to have occurred within the seven-day period. (c) The hearing officer, upon request by any party or upon the hearing officer's own initiative, may issue subpoenas and discovery orders in accordance with the rules of procedure governing subpoenas and discovery in judicial proceedings. The party seeking the subpoena or order shall cause them to be served in accordance with these rules of procedure. (d) The hearing officer, upon request by any party or upon the hearing officer's own initiative, may direct the parties to negotiate a compliance agreement under section 103-506 in lieu of conducting a hearing. If the parties are unable to reach a mutually acceptable compliance agreement within a reasonable period of time, the hearing officer may proceed with hearing procedures. (G.O. 181, 1997, § 1)

Indianapolis-Marion County Revised Code § 103-506 Compliance agreements.

Sec. 103-506. - Compliance agreements. The parties may elect to negotiate a compliance agreement which establishes a program and schedule to attain and maintain compliance, penalties and other provisions necessary to ensure compliance. The compliance agreement shall take effect upon approval by the hearing officer. (G.O. 181, 1997, § 1)

Indianapolis-Marion County Revised Code § 103-507 Hearing procedures.

Sec. 103-507. - Hearing procedures. (a) The hearing officer shall afford all parties the opportunity to participate in the hearing to the extent necessary for full consideration of all relevant facts and issues. A party may present evidence in the form of testimony, affidavits and documentation, engage in argument, and conduct cross-examination. A party may participate in person or by counsel at the party's own expense; if the party is not an individual or is incompetent to participate, then the party shall participate by a duly authorized representative. (b) The city shall have the burden of proving the environmental violation and the burden may be sustained by a preponderance of the evidence. (c) The hearing officer shall conduct the hearing in an informal manner and without strict adherence to the technical rules of evidence and procedure which govern judicial proceedings. The hearing officer shall rule on the admissibility of any offer of proof, and on other motions, and shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds. The testimony of each party and witness shall be made under oath or affirmation. (d) The hearing officer may take official notice of any section of the Code, and any law or fact that could be judicially noticed in the courts. (e) The hearing officer shall cause an audio recording of the hearing to be made at the expense of the city. (G.O. 181, 1997, § 1; G.O. 38, 2007, § 4)

Indianapolis-Marion County Revised Code § 103-508 Stipulated penalties.

Sec. 103-508. - Stipulated penalties. The decision of the hearing officer or the compliance agreement approved by the hearing officer may require the payment of stipulated penalties if the terms of the decision or compliance agreement are violated. The stipulated penalties for each violation shall not exceed: (1) The penalty amounts described in section 511-607 for violations of chapter 511 of this Code ; or (2) Two thousand five hundred dollars ($2,500.00) for all other violations. (G.O. 181, 1997, § 1; G.O. 15, 2009, § 6)

Indianapolis-Marion County Revised Code § 103-509 Decision.

Sec. 103-509. - Decision. (a) Upon the conclusion of each hearing or within a maximum of forty-five (45) days after conclusion of each hearing, the hearing officer shall render a decision which shall include a determination whether the respondent violated the ordinance as alleged, the amount of civil penalty that must be paid for each violation with instructions on when and how payment shall be made, and a statement of the parties' right to petition for review of the decision. The penalties for each violation shall not exceed: (1) The penalty amounts described in section 511-607 for violations of chapter 511 of this Code; or (2) Two thousand five hundred dollars ($2,500.00) for all other violations. (b) The hearing officer's decision may include an order affirming, modifying or revoking any order issued by DPW with the notice of violation or directing the abatement or cessation of the action described in the notice of violation. (c) The hearing officer's decision may include a compliance order, establishing a program and schedule to attain and maintain compliance, stipulated penalties, and other provisions necessary to ensure compliance. (d) The decision shall be based exclusively upon the evidence of record in the hearing and on matters officially noticed therein. The hearing officer's experience and specialized knowledge may be used in the evaluation of the evidence. (e) The hearing officer shall cause each decision rendered pursuant to this section to be memorialized on a minute sheet or similar written entry into the record. A copy of the minute sheet or similar written entry shall be served upon the parties by United States mail or personal service. (f) A decision rendered pursuant to this section may be modified by the hearing officer who rendered it, upon the hearing officer's own initiative or by motion of any party. Any motion to modify a decision shall be filed by a party within thirty (30) days after the date of the decision. (G.O. 181, 1997, § 1; G.O. 38, 2007, § 4; G.O. 15, 2009, § 6)

Indianapolis-Marion County Revised Code § 103-510 Record of the hearing.

Sec. 103-510. - Record of the hearing. The record of each hearing under this article consists of the following: (1) The notice of hearing; (2) The notice of violation, if any; (3) Any documents, motions, or exhibits filed or entered into evidence; (4) Any written orders, subpoenas, and decision of the hearing officer; (5) Any compliance agreement negotiated by the parties and approved by the hearing officer or issued by the hearing officer as part of the decision; and (6) The audio recording of the hearing and a written transcript of same; and shall constitute the complete and exclusive record for review of a hearing officer's decision. (G.O. 181, 1997, § 1; G.O. 38, 2007, § 4)

Indianapolis-Marion County Revised Code § 103-511 Written transcript of hearing; preparation and cost.

Sec. 103-511. - Written transcript of hearing; preparation and cost. At the written request of respondent, DPW or the division of property and land use services shall provide a written transcript of the audio tape recording of the hearing. Respondent shall pay DPW or the division of property and land use services the reasonable cost of preparing the written transcript, unless respondent files with the hearing officer under oath and in writing, a statement of indigency as described in IC 33-37-3-2. Respondent may cause to be prepared, at his or her own expense, a written transcript that DPW or the division of property and land use services shall review and certify as to accuracy. (G.O. 181, 1997, § 1; G.O. 2007, § 4; G.O. 15, 2009, § 7; G.O. 36, 2011, § 5; G.O. 41, 2016, § 2)

Indianapolis-Marion County Revised Code § 103-512 Petition for review of decision; time limitation.

Sec. 103-512. - Petition for review of decision; time limitation. (a) A verified petition for review of the decision of a hearing officer, stating the alleged error and any factual or legal basis therefor, may be filed in the circuit or superior court of Marion County within sixty (60) days after the day on which the decision is rendered and recorded into the record by a minute sheet or similar written entry. A party who does not file an appeal within this time period forfeits the right to appeal. (b) Any party who files a verified petition for review shall within fifteen (15) days thereafter secure from the hearing officer a certified copy of the record of the hearing, and file the same with the clerk of the court. (c) An extension of time within which to file the record may be granted by the court upon a showing of good cause, which shall include the petitioner's inability to obtain the certified copy of the record within fifteen (15) days. (d) The failure of a party to file a certified copy of the record or to secure an extension of time therefor shall be cause for dismissal of the petition for review upon motion of any party of record. (G.O. 181, 1997, § 1)

Indianapolis-Marion County Revised Code § 103-513 Exemption from sunset provision of section 147-13 of the Revised Code.

Sec. 103-513. - Exemption from sunset provision of section 147-13 of the Revised Code. This article and all its provisions are exempt from the requirement of section 147-13 of the Revised Code of the Consolidated City and County that new chapters, or substantial revisions of existing chapters, expire on a specific date within five (5) years of the date of adoption. (G.O. 181, 1997, § 1)

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=TITIORAD_CH103VAEN_ARTVADADENVIFetched: 10/27/2026