Sec. 9. (a) The legislative body of a county or municipality may adopt an ordinance providing that certain other ordinances may be enforced through a proceeding before an administrative body of the county or municipality.
(b) An ordinance adopted under subsection (a) must designate the following:
(1) The ordinances that may be enforced through an administrative proceeding.
(2) The administrative body before which the proceeding may be brought.
(c) An ordinance may not be designated under subsection (b) for enforcement through an administrative proceeding unless the ordinance restricts or prohibits actions harmful to the land, air, or water, governs use of the public way, or governs the standing or parking of vehicles.
(d) In a proceeding to enforce an ordinance brought before an administrative body designated under subsection (b):
(1) a violation of the ordinance must be proven by a preponderance of the evidence; and
(2) the administrative body may not impose a penalty other than a fine in an amount within the limit set forth in IC 36-1-3-8(a)(10).
(e) A person who receives a penalty under subsection (d) may appeal the order imposing the penalty to a court of record in:
(1) the county that brought the enforcement proceeding if the proceeding is brought by a county; or
(2) the county in which the municipality is located if the proceeding is brought by a municipality.
(f) An appeal under subsection (e) from an order imposing a penalty must be filed not more than sixty (60) days after the day on which the order is entered.
As added by P.L.130-1991, SEC.36. Amended by P.L.64-1992, SEC.8; P.L.308-1995, SEC.1; P.L.149-2016, SEC.93.
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