Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1320
AN ACT to amend the Indiana Code concerning local government.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 16-41-27-32, AS AMENDED BY P.L.137-2023,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 32. (a) As used in this section, "regulation" refers
to any:
(1) ordinance, including any:
(A) zoning or land use ordinance; or
(B) general or specific planning ordinance;
(2) regulation, including any:
(A) zoning or land use regulation; or
(B) general or specific planning regulation;
(3) requirement; or
(4) restriction;
that is adopted or imposed by a unit (as defined in IC 36-1-2-23).
(b) A governmental body other than the state department may not
license or regulate mobile home communities, except for the following:
(1) Local boards may enforce the standards of health and
sanitation prescribed for mobile homes, manufactured homes,
industrialized residential structures, and mobile home
communities by the state department.
(2) Subject to IC 36-7-2-12, IC 36-7-4-1019, IC 36-7-4-1106, and
subsections (d) and (f), county and municipal authorities within
their respective jurisdictions have jurisdiction regarding zoning
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and building codes and ordinances pertaining to mobile home
communities.
(3) Local boards may regulate the construction and operation of
groups of a combined total of not more than four (4) mobile
homes, manufactured homes, and industrialized residential
structures in accordance with standards that are compatible with
standards set by the state department for mobile home
communities.
(c) A governmental body other than the state department may not
regulate mobile homes, manufactured homes, or industrialized
residential structures regarding habitability or minimum housing
conditions unless the regulation is applicable in the same manner to
other forms of residential housing in the jurisdiction.
(d) Except as provided in IC 36-7-4-1106(d), IC 36-7-4-1106(e),
and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, a
governmental body may not regulate or restrict, by regulation or
otherwise, the installation, continued residential use, occupancy,
movement, renovation, relocation, or replacement of a mobile home,
a manufactured home, or an industrialized residential structure within
a mobile home community based upon the age or size of the mobile
home, manufactured home, or industrialized residential structure or
other private property based upon the age of the mobile home,
manufactured home, or industrialized residential structure regardless
of whether:
(1) the mobile home, manufactured home, or industrialized
residential structure;
(2) the lot or site, or any part of the lot or site, on which the
mobile home, manufactured home, or industrialized residential
structure is located or installed, or will be located or installed; or
(3) the mobile home community or other private property, in
whole or in part, in which the mobile home, manufactured home,
or industrialized residential structure is located or installed, or
will be located or installed;
constitutes a conforming structure or use, or a legal, nonconforming
structure or use. Any mobile home, manufactured home, or
industrialized residential structure on private property, which
constitutes a legal, nonconforming use, may not be replaced with
a mobile home, manufactured home, or industrialized residential
structure that is older or smaller than the legal, nonconforming
structure being replaced.
(e) A government body may not regulate or restrict the ability of a:
(1) mobile home community:
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(A) owner; or
(B) manager; or
(2) manufactured home community:
(A) owner; or
(B) manager;
to obtain a dealer's license or to sell a mobile home, manufactured
home, or industrialized residential structure located within the owner's
or manager's mobile home community or manufactured housing
community.
(f) Except as provided under IC 36-7-4-1106(d), IC 36-7-4-1106(e),
and IC 36-7-4-1106(f) and unless required under IC 36-7-2-9, after
March 14, 2022:
(1) a unit may not:
(A) adopt or impose a regulation that violates, or that includes
a provision that violates, subsection (d);
(B) amend a regulation so that the regulation, after its
amendment, includes a provision that violates subsection (d),
regardless of when the regulation was originally adopted or
imposed; or
(C) enforce a provision in a regulation adopted or imposed by
the unit if the provision violates subsection (d), regardless of
when the regulation or provision was originally adopted or
imposed; and
(2) any provision that:
(A) is included in a regulation adopted or imposed by a unit;
and
(B) violates subsection (d);
is void and unenforceable regardless of when the regulation or
provision was originally adopted or imposed.
SECTION 2. IC 36-7-4-1106, AS AMENDED BY P.L.137-2023,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 1106. (a) This section does not affect a
requirement applicable to property that is subject to the jurisdiction of
a preservation commission organized under any of the following:
(1) IC 36-7-11.
(2) IC 36-7-11.1.
(3) IC 36-7-11.2.
(4) IC 36-7-11.3.
(b) As used in this section:
(1) "Manufactured home" means a dwelling unit, designed and
built in a factory, which bears a seal certifying that it was built in
compliance with the federal Manufactured Housing Construction
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and Safety Standards Law of 1974 (42 U.S.C. 5401 et seq.).
(2) "Underfloor space" means that space between the bottom of
the floor joists and the earth.
(3) "Occupied space" means the total area of earth horizontally
covered by the structure, excluding accessory structures such as,
but not limited to, garages, patios and porches.
(4) "Permanent foundation system" includes a pier footing
foundation system that is specified as suitable in the
manufacturer's installation specifications for a manufactured
home.
(c) Comprehensive plans and ordinances adopted under the
provisions of this chapter may subject dwelling units and lots to
identical standards and requirements, whether or not the dwelling unit
to be placed on a lot is a manufactured home or some other type of
dwelling unit. These standards and requirements may include but are
not limited to the following:
(1) Setback distance.
(2) Side and rear yard area.
(3) Vehicle parking space and parking enclosures.
(4) Minimum square footage of the dwelling unit.
(5) Underfloor space enclosure requirements.
(6) Aesthetics. However, aesthetic standards and requirements
pertaining to the home structure itself which are adopted under
this section may only pertain to the following:
(A) Roofing materials and siding. materials.
(B) Roof pitch.
(B) (C) Permanent foundation systems of manufactured homes
that are located outside of a mobile home community licensed
under IC 16-41-27. A unit may require compatibility of a
permanent foundation system with surrounding residential
structures. However, the unit may not require:
(i) a permanent foundation system that is incompatible with
the structural design of the manufactured home; or
(ii) more than one (1) permanent foundation system for a
manufactured home.
(d) METRO. Standards and requirements, specified in
comprehensive plans and ordinances, adopted under this section for
lots and dwelling units may not preclude all manufactured homes that
meet the requirements described in subsection (c) and exceed:
(1) twenty-three (23) feet in width; and
(2) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which any
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other type of dwelling unit may be placed.
(e) ADVISORY)AREA. This subsection applies only to lots and
dwelling units that are within a city or town's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units may not preclude manufactured homes that meet the
requirements described in subsection (c) and exceed nine hundred
fifty (950) square feet of occupied space from being installed as
permanent residences on any lot on which any other type of dwelling
unit may be placed.
(f) ADVISORY)AREA. This subsection applies only to lots and
dwelling units that are within a county's planning and zoning
jurisdiction. Standards and requirements, specified in comprehensive
plans and ordinances, adopted under this section for lots and dwelling
units may not preclude manufactured homes that meet the
requirements described in subsection (c) and exceed:
(1) twenty-three (23) feet in width; and
(2) nine hundred fifty (950) square feet of occupied space;
from being installed as permanent residences on any lot on which any
other type of dwelling unit may be placed.
SECTION 3. IC 36-7-9-2, AS AMENDED BY P.L.66-2014,
SECTION 25, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. As used in this chapter:
"Building or structure" means anything constructed or erected:
(1) with a roof supported by columns or walls;
(2) to serve as a shelter or enclosure; or
(3) the use of which requires location on or attachment to the
ground.
The term includes a manufactured home (as defined in
IC 22-12-1-16) and a mobile home (as defined in IC 16-41-27-4).
"Community organization" means a citizen's group, neighborhood
association, neighborhood development corporation, or similar
organization that:
(1) has specific geographic boundaries defined in its bylaws or
articles of incorporation and contains at least forty (40)
households within those boundaries;
(2) is a nonprofit corporation that is representative of at least
twenty-five (25) households or twenty percent (20%) of the
households in the community, whichever is less;
(3) is operated primarily for the promotion of social welfare and
general neighborhood improvement and enhancement;
(4) has been incorporated for at least two (2) years; and
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(5) is exempt from taxation under Section 501(c)(3) or 501(c)(4)
of the Internal Revenue Code.
"Continuous enforcement order" means an order that:
(1) is issued for compliance or abatement and that remains in full
force and effect on a property without further requirements to
seek additional:
(A) compliance and abatement authority; or
(B) orders for the same or similar violations;
(2) authorizes specific ongoing compliance and enforcement
activities if a property requires reinspection or additional periodic
abatement;
(3) can be enforced, including assessment of fees and costs,
without the need for additional notice or hearing; and
(4) authorizes the enforcement authority to assess and collect
ongoing costs for continuous enforcement order activities from
any party that is subject to the enforcement authority's order.
"Department" refers to the executive department authorized by
ordinance to administer this chapter. In a consolidated city, this
department is the department of code enforcement subject to
IC 36-3-4-23.
"Enforcement authority" refers to the chief administrative officer of
the department, except in a consolidated city. In a consolidated city, the
division of development services is the enforcement authority, subject
to IC 36-3-4-23.
"Hearing authority" refers to a person or persons designated as such
by the executive of a city or county, or by the legislative body of a
town. However, in a consolidated city, the director of the department
or a person designated by the director is the hearing authority. An
employee of the enforcement authority may not be designated as the
hearing authority.
"Known or recorded fee interest, life estate interest, or equitable
interest of a contract purchaser" means any fee interest, life estate
interest, or equitable interest of a contract purchaser of a contract or
a known certificate of title that is held by a person whose identity and
address may be determined from:
(1) an instrument recorded in the recorder's office of the county
where the unsafe premises is located;
(2) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the enforcement
authority); or
(3) a review of department (or, in the case of a consolidated city,
the enforcement authority) records that is sufficient to identify
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information that is reasonably ascertainable; or
(4) a request for certified records from the bureau of motor
vehicles.
"Known or recorded substantial property interest" means 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 recorder's office of the county where the unsafe
premises is located; or
(ii) the office of the county auditor of the county where the
unsafe premises are located in the case of a lien evidenced
by a certificate of sale issued under IC 6-1.1-24;
(B) written information or actual knowledge received by the
department (or, in the case of a consolidated city, the
enforcement authority); or
(C) a review of department (or, in the case of a consolidated
city, the enforcement authority) records that is sufficient to
identify information that is reasonably ascertainable; or
(D) a request for certified records from the bureau of
motor vehicles.
"Substantial property interest" means any right in personal
property or real property that may be affected in a substantial way by
actions authorized by this chapter, including a fee interest, a life estate
interest, a future interest, a mortgage interest, or an equitable interest
of a contract purchaser.
SECTION 4. IC 36-7-9-11, AS AMENDED BY P.L.169-2006,
SECTION 63, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 11. (a) The work required by an order of the
enforcement authority may be performed in the following manner:
(1) If the work is being performed under an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
if the cost of this work is estimated to be less than ten thousand
dollars ($10,000), twenty-five thousand dollars ($25,000), the
department, acting through the unit's enforcement authority or
other agent, may perform the work by means of the unit's own
workers and equipment owned or leased by the unit. Notice that
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this work is to be performed must be given to all persons with a
known or recorded substantial property interest, in the manner
prescribed in subsection (c), at least ten (10) days before the date
of performance of the work by the enforcement authority. This
notice must include a statement that an amount representing a
reasonable estimate of the cost incurred by the enforcement
authority in processing the matter and performing the work may,
if not paid, be recorded after a hearing as a lien against all persons
having a fee interest, life estate interest, or equitable interest of a
contract purchaser in the unsafe premises.
(2) If the work is being performed under an order other than an
order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, and
if the estimated cost of this work is ten thousand dollars ($10,000)
twenty-five thousand dollars ($25,000) or more, this work must
be let at public bid to a contractor licensed and qualified under
law. The obligation to pay costs imposed by section 12 of this
chapter is based on the condition of the unsafe premises at the
time the public bid was accepted. Changes occurring in the
condition of the unsafe premises after the public bid was accepted
do not eliminate or diminish this obligation.
(3) If the work is being performed under an order issued under
section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter, the work may
be performed by a contractor who has been awarded a base bid
contract to perform the work for the enforcement authority, or by
the department, acting through the unit's enforcement authority or
other governmental agency and using the unit's own workers and
equipment owned or leased by the unit. Work performed under an
order issued under section 5(a)(2), 5(a)(3), or 5(a)(4) of this
chapter may be performed without further notice to the persons
holding a fee interest, life estate interest, or equitable interest of
a contract purchaser, and these persons are liable for the costs
incurred by the enforcement authority in processing the matter
and performing the work, as provided by section 12 of this
chapter.
(b) Bids may be solicited and accepted for work on more than one
(1) property if the bid reflects an allocation of the bid amount among
the various unsafe premises in proportion to the work to be
accomplished. The part of the bid amount attributable to each of the
unsafe premises constitutes the basis for calculating the part of the
costs described by section 12(a)(1) of this chapter.
(c) All persons who have a known or recorded substantial property
interest in the unsafe premises and are subject to an order other than an
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order under section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter must be
notified about the public bid in the manner prescribed by section 25 of
this chapter, by means of a written statement including:
(1) the name of the person to whom the order was issued;
(2) a legal description or address of the unsafe premises that are
the subject of the order;
(3) a statement that a contract is to be let at public bid to a
licensed contractor to accomplish work to comply with the order;
(4) a description of work to be accomplished;
(5) a statement that both the bid price of the licensed contractor
who accomplishes the work and an amount representing a
reasonable estimate of the cost incurred by the enforcement
authority in processing the matter of the unsafe premises may, if
not paid, be recorded after a hearing as a lien against all persons
having a fee interest, life estate interest, or equitable interest of a
contract purchaser in the unsafe premises;
(6) the time of the bid opening;
(7) the place of the bid opening; and
(8) the name, address, and telephone number of the enforcement
authority.
(d) If the notice of the statement that public bids are to be let is
served by publication, the publication must include the information
required by subsection (c), except that it need only include a general
description of the work to be accomplished. The publication must also
state that a copy of the statement of public bid may be obtained from
the enforcement authority.
(e) Notice of the statement that public bids are to be let must be
given, at least ten (10) days before the date of the public bid, to all
persons who have a known or recorded substantial property interest in
the property and are subject to an order other than an order under
section 5(a)(2), 5(a)(3), or 5(a)(4) of this chapter.
(f) If action is being taken under this section on the basis of an order
that was served by publication, it is sufficient to serve the statement
that public bids are to be let by publication, unless the enforcement
authority has received information in writing that enables the unit to
make service under section 25 of this chapter by a method other than
publication.
HEA 1320 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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