CODE OF ORDINANCES. City of MUNCIE, INDIANA. Looseleaf Supplement. Ordinance No. 2-17, enacted February 6, 2017.

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1 SUPPLEMENT NO. 22 July 2017 CODE OF ORDINANCES City of MUNCIE, INDIANA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 2-17, enacted February 6, See the References to Ordinances for further information. Remove Old Pages Checklist of up-to-date pages SH:1, SH:2 III:7, III:8 XV:153, XV:154 XV:161, XV:162 XV:195, XV:196 SLT:3, SLT:4 CCT:23 Insert New Pages Checklist of up-to-date pages (following Table of Contents) SH:1, SH:2 III:7, III:8 XV:153 XV:154.1 XV:161, XV:162 XV:195, XV:196 SLT:3, SLT:4 CCT:23 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference.

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3 Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Title page 21 iii vii, viii ix, x xi, xii xiii, xiv xv, xvi xvii xix, xx 19 xxi, xxii 20 xxiii, xxiv 19 SH:1, SH:2 22 I:1 I:3, I:4 I:5 I:7 I:9 18 III:1 11 III:3, III:4 III:5, III:6 III:7, III:8 22 Page No. III:9, III:10 III:11, III:12 III:13, III:14 III:15, III:16 III:17, III:18 III:19, III:20 12 III: III:21, III:22 III:23, III:24 12 III:25, III:26 18 III:27, III:28 III:29, III:30 10 III:31, III:32 19 III:33, III:34 19 III:35, III:36 19 III:37, III:38 19 III: III:39, III:40 7 III:41, III:42 7 III:43, 7 III:44.1, III: [1]

4 MUNCIE CODE Page No. III:45, III:46 12 III:47, III:48 12 III: III:49, III:50 III:51, III:52 III:53, III:54 III:55 III:57 III:59, III:60 III:61 III:63, III:64 11 III:65, III:66 11 V:1 V:3, V:4 V:5, V:6 V:7, V:8 V:9, V:10 V:11, V:12 V:13 V:15, V:16 V:17, V:18 V:19, V:20 V:21 V:23, V:24 13 V:25, V:26 15 V: V:27, V:28 13 V:29, V:30 15 V: V:31, V:32 13 V:33, V:34 13 V:35, V:36 13 V:37, V:38 13 V:39, V:40 13 V:41, V:42 13 V:43, V:44 13 V:45, V:46 13 V:47, V:48 13 Page No. V:49, V:50 13 V:50.1, V: V:50.3, V: V:50.5, V: V:50.7, V: V:50.9, V: V:51, V:52 1 VII:1 12 VII:3, VII:4 VII:5, VII:6 VII:7, VII:8 VII:9, VII:10 VII:11, VII:12 6 VII:13, VII:14 VII:15, VII:16 VII:17, VII:18 VII:19, VII:20 VII:21, VII:22 VII:23, VII:24 VII:25, VII:26 VII:27 VII:29, VII:30 VII:31, VII:32 VII:33, VII:34 VII:35, VII:36 VII:37, VII:38 VII:39, VII:40 VII:41, VII:42 VII:43, VII:44 VII:45 VII:47, VII:48 VII:49, VII:50 VII:51, VII:52 VII:53, VII:54 VII:55, VII:56 VII:57, VII:58 VII:59, VII:60 VII:61, VII:62 [2]

5 CHECKLIST OF UP-TO-DATE PAGES Page No. VII:63, VII:64 VII:65, VII:66 VII:67, VII:68 12 VII:69, VII:70 VII:71 VII:73, VII:74 17 VII:75, VII:76 21 VII:77, VII:78 VII:79, VII:80 5 VII: VII:81, VII:82 1 VII:83, VII:84 19 VII:85, VII:86 21 VII:87, VII:88 21 VII:89, VII:90 VII:91, VII:92 VII:93, VII:94 VII:95, VII:96 19 VII:97 19 VII:99, VII: VII:103, VII:104 VII:105, VII:106 VII:107, VII:108 VII:109, VII:110 VII:111, VII:112 VII:113, VII:114 1 VII:115, VII:116 VII:117, VII:118 VII:119, VII:120 VII:121, VII:122 VII:123, VII:124 VII:125, VII:126 VII:127, VII: VII: VII:129, VII:130 VII:131, VII:132 VII:133, VII:134 VII:135, VII: Page No. VII: VII:137, VII:138 VII:139, VII:140 VII:141, VII:142 1 VII: VII:143, VII:144 VII:145, VII:146 VII:147, VII:148 3 VII: VII:149, VII:150 VII:151, VII:152 VII:153, VII: VII:155, VII:156 2 VII:157, VII: VII: VII:159, VII: VII:161, VII: VII:163, VII: VII:165, VII: VII:167, VII: VII:169, VII: VII:171, VII: VII: VII:175, VII: VII:177, VII: VII:179, VII: VII:181, VII: VII:183, VII: VII:185, VII: VII:191, VII:192 VII:193, VII:194 1 VII:195, VII: VII:197, VII:198 VII:199, VII:200 VII:201, VII: VII:203 3 VII:207 VII:209 [3]

6 MUNCIE CODE Page No. VII:211, VII:212 5 VII:213 6 VII:215, VII:216 VII:217 VII:219, VII:220 3 VII:221, VII:222 2 VII:223 3 VII:225, VII: VII:227 VII:229 VII:231 VII:233 VII:235, VII:236 1 VII:237, VII: VII:239, VII: VII:241, VII: IX:1 9 IX:3, IX:4 16 IX:5, IX:6 16 IX:7, IX:8 16 IX:9, IX:10 16 IX:10.1, IX: IX:10.3, IX: IX:10.5, IX: IX:10.7, IX: IX:11, IX:12 IX:13, IX:14 IX:15, IX:16 IX:17 IX:19, IX:20 4 IX:21, IX:22 IX:23, IX:24 IX:25, IX:26 IX:27 IX:29, IX:30 15 IX:31 15 IX:33, IX:34 20 IX:35, IX:36 Page No. IX:37, IX:38 IX:39, IX:40 20 IX:41, IX:42 20 IX:43, IX:44 20 IX:44.1, IX: IX: IX:45, IX:46 IX:47, IX:48 IX:49, IX:50 12 IX:51, IX:52 12 IX:53, IX:54 12 IX:55, IX:56 18 IX:57, IX:58 18 IX:59, IX:60 IX:61 IX:63 IX:65, IX:66 20 IX:67 20 IX:69, IX:70 4 IX:71, IX:72 9 XI:1 XI:3 IX:5, IX:6 IX:7 XI:9, XI:10 XI:11, XI:12 XI:13, XI:14 19 XI:15 19 XI:17, XI:18 XI:19, XI:20 XI:21, XI:22 15 XI:23, XI:24 15 XI:25, XI:26 2 XI:27, XI:28 2 XI:29, XI:30 2 XI:31, XI:32 12 XI:33, XI:34 12 XI:37, XI:38 [4]

7 CHECKLIST OF UP-TO-DATE PAGES Page No. XI:39, XI:40 XI:41, XI:42 11 XI:43 XI:45 XI:47, XI:48 12 XIII:1 XIII:3, XIII:4 XIII:5, XIII:6 XIII:7, XIII:8 XV:1 4 XV:3, XV:4 XV:5, XV:6 3 XV:7, XV:8 XV:9, XV:10 XV:11, XV:12 XV:13, XV:14 XV:15, XV:16 XV:17, XV:18 XV:19, XV:20 XV:21, XV:22 XV:23, XV:24 XV:25, XV:26 XV:27, XV:28 XV:29, XV:30 XV:31, XV:32 XV:33, XV:34 XV:35, XV:36 XV:37, XV:38 XV:39, XV:40 XV:41, XV:42 XV:43, XV:44 XV:45, XV:46 3 XV:47, XV:48 3 XV:49, XV:50 3 XV:50.1, XV: XV: XV:51, XV:52 XV:53, XV:54 Page No. XV:55, XV:56 XV:57, XV:58 XV:59, XV:60 XV:61, XV:62 XV:63, XV:64 XV:65, XV:66 3 XV:67, XV:68 3 XV:69, XV:70 3 XV:70.1, XV: XV:70.3, XV: XV:70.5, XV: XV:70.7, XV: XV:71, XV:72 XV:73, XV:74 XV:75, XV:76 XV:77, XV:78 XV:79, XV:80 XV:81, XV:82 XV:83, XV:84 XV:85, XV:86 XV:87, XV:88 XV:89, XV:90 XV:91, XV:92 XV:93, XV:94 XV:95, XV:96 XV:97, XV:98 XV:99, XV:100 XV:101, XV:102 XV:103, XV:104 XV:105, XV:106 XV:107, XV:108 XV:109, XV: XV:111, XV: XV:113, XV: XV:115, XV: XV:117, XV: XV:119, XV: XV: [5]

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9 CHECKLIST OF UP-TO-DATE PAGES Page No. CCT:19, CCT:20 14 CCT:21, CCT:22 21 CCT:23 22 CDi:1, CDi:2 19 CDi:3, CDi:4 21 CDi:5, CDi:6 19 CDi:7, CDi:8 19 CDi:9, CDi:10 19 CDi:11, CDi:12 19 CDi:13, CDi:14 19 CDi:15, CDi:16 19 CDi:17, CDi:18 19 CDi:19, CDi:20 19 CDi:21, CDi:22 19 CDi:23, CDi:24 19 CDi:25, CDi:26 20 CDi: CDi:27, CDi:28 19 CDi:25, CDi:26 19 CDi:27, CDi:28 19 CDi:29, CDi:30 19 CDi:31, CDi:32 19 CDi:33, CDi:34 3 CDi:35 3 [7]

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11 SUPPLEMENT HISTORY TABLE The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code and are considered Included. Ordinances that are not of a general and permanent nature are not codified in the Code and are considered Omitted. In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the Code's historical evolution. Ord. No. Date Adopted Included/ Omitted Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included Included 21 SH:1

12 MUNCIE CODE Ord. No. Date Adopted Included/ Omitted Included Included Included Included Included Included Included Included Included 22 SH:2

13 GENERAL PROVISIONS Sec Fees: copies. (A) (1) There is no charge for the inspection of a public record or in the search for, to examine or review a record to determine whether the record may be disclosed in the city clerk's office. (2) The fee for copying standard sized documents shall be $0.10 per page for copies that are not color copies and $0.25 per page for color copies if color copies are available. (3) The copy fee will be waived for other City of Muncie Departments. (4) The fee must be made prior to the copies being made. (5) The fee for certification of copies shall be $2.00 for the first page and $1.00 per page thereafter up to a maximum of $5.00 per document. (B) The Muncie police department shall charge a fee of $ for providing a duplicate of a law enforcement recording. (Ord. No , ; Ord. No , 1, ; Ord. No , 1, 2, ) Secs Reserved. DIVISION 1. INVENTORY OF CITY PROPERTY Sec Inventory of city property required by department heads. The head of each department of the municipal government shall make an annual inventory of all municipally-owned property in the custody or control of such department. (Code 1968, 30.30) Sec Transfer to successor. In the event of the resignation, or at the expiration of the term of service of the department head, such retiring department head shall turn over to his successor in office the inventory required by section and receive a clearance receipt for all municipally-owned property accounted for from his successor in office. In the event of the death of any department head during his term of service, the president of the common council shall appoint a committee of three members of the common council to take an inventory of all municipally-owned property in the department of such deceased official, and certify such inventory to the mayor, who shall receive a clearance receipt for all properties accounted for on behalf of such deceased department head from his successor in office. (Code 1968, 30.31) Secs , Reserved. Sec Completion date; filing; presentation to council. All department heads' inventories must be completed prior to December 31st of each year, with a complete inventory as of November 15th of each year. This inventory shall be filed with the city clerk, who shall present the same to the common council for acceptance or rejection at the first meeting of each year. (Code 1968, 30.34) Sec File record of city property based on inventories. The city clerk shall set up and file record of all municipally-owned property based on the inventories required by section removing such properties from the file whenever any municipally-owned properties have been disposed of in accordance with existing laws. (Code 1968, 30.35) Sec Expendable properties excepted from inventory requirements. Expendable properties, such as office supplies, ink, paper, pens, pencils, envelopes, stamps, erasers, etc., shall not be included in the inventory required by section (Code 1968, 30.36) Sec Penalty for failure to file on time. Any department head who fails to file the inventory required by this chapter within the prescribed time shall be subject to a fine not III:7

14 30.27 MUNCIE CODE exceeding $5.00 for each of the first three months that such inventory is overdue, and not exceeding $10.00 per month for each month following that such inventory is overdue. (Code 1968, 30.37) Secs Reserved. DIVISION 2. WAGES Sec Prevailing scale of wages. Any sole proprietorship, partnership or corporation which is hereinafter awarded a contract by the city or by the sanitary district for construction projects which are over $10, or fall under the federal Davis-Bacon laws or Indiana state prevailing wage laws shall be required to pay the prevailing wage rate as determined by the most current Indiana Department of Labor, Wage and Hour Division, Area Wage Survey for each class of work on the project. (Ord. No. 8-91, ; Ord. No , ) Sec Prohibiting payment of less than prevailing wages. It shall be considered unlawful for any contractor or subcontractor to make payment of wages for skilled, semi-skilled (skilled or unskilled) labor on any project covered herein which are less than the minimum provided for in the applicable national code of fair competition or regional agreement approval by the President of the United States. (Ord. No. 8-91, ) Sec Filing schedule of wages. It shall be required that any contractor or subcontractor performing work under the terms of this section shall file a schedule of the wages to be paid to such laborers, workmen, or mechanics with the city. The schedule shall not be less than the prevailing scale of wages stated in section herein for the class of work being performed by each laborer, workman or mechanic. Such schedule shall be clearly posted on the job site during construction. (Ord. No. 8-91, ; Ord. No , ; Ord. No , ; Ord. No , ) Sec Proof of compliance. The city or its authorized representative shall have the power and the authority to request and receive information which would substantiate proper payment under this chapter. The recipient of the contract shall supply the requested documents or information to the city or its designee within five working days of receipt of the request. Failure to comply with the request will result in a fine of $1, per day for each day after the five working-day response period has passed. (Ord. No. 8-91, ) Sec Penalty. (A) Any sole proprietorship, partnership or corporation who knowingly or willingly fails to pay the rate of wages required to be paid under terms of this subchapter shall be fined not less than $1, for each violation for each day that the violation is permitted to continue past the date the violation was discovered. All wage shortages owed to laborers shall be paid on the date of discovery. Any proprietorship, partnership or corporation who is determined by the Common Council to have committed two violations of this subchapter in any consecutive 24-month period shall be prohibited from submitting any bid for any public work required by the city for a period of 36 consecutive months from the date of the second violation was determined. (B) A sole proprietorship, partnership or corporation who knowingly or willfully fails to pay the rate of wages determined under this subchapter commits a Class B misdemeanor. If the sole proprietorship, partnership or corporation has committed a prior offense under this subchapter, the contract on which the instant offense occurred shall be forfeited and the sole proprietorship, partnership or corporation may not receive any further payment on the contract, nor may the city making the contract make any further payments on the contract from any of the funds under its charge or control. (Ord. No. 8-91, ) III:8

15 HOUSING CODE Sec Report of notice to vacate. The building commissioner shall furnish to any other designated officials in the municipality concerned therewith, a copy of each notice to vacate a building. (Ord. No , ) Secs Reserved. DIVISION 4. TENANCY AGREEMENTS AND VARIANCES Sec Tenancy agreements. (A) Any person operating a rental unit shall have a written tenancy agreement with each adult individual dwelling on the premises. This agreement shall include the name, address and phone number of the owner of the property and the agent, if any, for the owner, and shall include or be accompanied by information summarizing current city codes, on a form provided by the building inspector, including but not limited to the following: (1) Trash placement and disposal, including proper containers, regular trash pickup day, placement of containers, and other restrictions desired by the owner. (2) Noise ordinances, including noise limits for appliances, machinery, and social gatherings. (3) Parking for vehicles, including: (a) (b) Provisions and designations for legal off-street parking as required by city codes. A summary of any on-street parking regulations for both sides of any street contiguous with the rent unit. (4) Legal limitations on number of occupants. (B) A person operating a rental unit shall secure from each tenant an executed affidavit of occupancy on a form to be provided by the building commissioner. The affidavit(s) shall be kept by the person operating the rental unit and each tenant shall retain a copy at the rental unit. The affidavit occupancy shall be filed with the office of the building commissioner on January 1 of each year and amended within 30 days if the tenancy or ownership changes during said calendar year (known as the filing requirement). For the first year of the enactment of the filing requirement, the deadline for said filing is September 1, The affidavit of occupancy shall verify that the person operating a rental unit and tenant have a written tenancy agreement in accordance with subsection (A). (Ord. No , ; Ord. No. 2-17, 1, ) Sec Variances. (A) The municipality shall establish a fivemember housing board which shall consist of the building commissioner, who shall be the presiding officer, a member of the common council of the city and three private citizens. The common council shall designate its member and shall designate two private citizens and the mayor shall designate one private citizen member to sit on the board. (B) No variance in the application of the provisions of this chapter shall be made by the board relating to dwellings, or premises now existing or to be constructed, unless, after a public hearing, the board shall find that the structure or the plans and specifications for the construction of any such structure are substantially in keeping with the intent and purposes of this chapter, and that the granting of such variance will not be detrimental to the public health, safety, and welfare. No variance will be granted if such structure or premises are in violation of any existing building, zoning, or other ordinances of the municipality. (C) An application for a variance shall be submitted to the building commissioner and shall be in writing and verified, and specifically state all facts in support thereof, on forms provided by the building commissioner the applicant shall conclusively prove that he cannot secure reasonable use of the property if compelled to comply with this chapter, that he suffers a hardship as defined herein, resulting from the provisions of this chapter, that the hardship claimed is suffered by his property directly, not merely by other properties, and is not the result of applicant's XV:153

16 MUNCIE CODE own actions. The applicant must prove and the board must find that there are peculiar circumstances applicable to the property or its intended use that do not apply generally to other property in the neighborhood, that the variance will not be detrimental to public welfare or to property in the neighborhood and that it will not be contrary to the goals of this chapter. It is not a hardship that the property would be worth more or produce more income if the variance were granted. (D) The variance shall be subject to public hearing and the applicant shall publish notice of the hearing on a notice form to be provided by the building commissioner, in a newspaper of general circulation in the city at least ten days prior to the hearing. The applicant shall cause the notice to be published and pay all cost thereof. The applicant shall submit a complete list of all surrounding property owners within a 300-foot radius of the property, together with addressed envelopes and postage necessary to mail the hearing notice to such owners. All hearings shall be open to the public and the applicant may appear in person and/or by an agent or attorney. (E) Judicial review. Each decision of the housing board is subject to review by certiorari. Each person aggrieved by a decision of the board may present, to the circuit courts of Delaware County, a verified petition setting forth that the decision is illegal in whole or in part and specifying the grounds of the illegality. The person shall present the petition to the court within 30 days after the date of that decision of the housing board. (Ord. No , ) Secs Reserved. DIVISION 5. ENVIRONMENTAL REQUIREMENTS Sec Exterior property area. (A) The provisions of this section shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by human beings, and the premises on which it stands, shall comply with the conditions herein prescribed as they may apply thereto. (B) No person shall occupy as owner-occupant or let to another for occupancy for the purpose of living therein, any premises or dwelling unit which do not comply with the following requirements. (1) Sanitation. All exterior property areas shall be maintained in a clean and sanitary condition, free from any accumulation of rubbish or garbage. (2) Grading and drainage. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon or within any building or structure located thereon. (3) Noxious weeds. All exterior property areas shall be kept free from species of weeds or plant growth which are noxious or detrimental to the public health. (4) Accessory structures. All accessory structures, including detached garages, shall be maintained structurally sound and in good repair. (Ord. No , ) Sec Exterior structure. No person shall occupy as owner occupant, or let to another for occupancy, for the purpose of living therein, any dwelling, dwelling unit, rooming house, rooming unit, or portion thereof; which does not comply with the following requirements: (A) (B) (C) Foundations, walls, and roof. Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to prevent the presence of rodents. Foundations. The foundation elements shall adequately support the building at all times. Exterior walls. Every exterior wall shall be free of holes, breaks, loose or rotting XV:154

17 HOUSING CODE (D) (E) boards or timbers and any other condition which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. Roofs. The roof shall be structurally sound, and have no defects which might admit rain; and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building. Stairs, porches, and railings. Stairs and other exit facilities shall be adequate for safety as provided in any other codes or ordinances of the municipality regulating XV:154.1

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19 HOUSING CODE required in (A) above, except where mechanical ventilation is provided in accordance with the provisions of the building code or any other code or ordinance of the municipality applicable thereto. (F) Ventilation and light in bathroom and water closet. Every bathroom and water closet compartment shall comply with the light and ventilation requirement for habitable rooms as required by (A) and (D) above, except that no window shall be required in bathrooms or water closet compartments equipped with an approved ventilation system. (Ord. No , ) Sec Minimum requirements for safety from fire. No person shall occupy as owner occupant, or shall let to another for occupancy, any dwelling, dwelling unit, rooming house, rental unit, lodging house, or lodging unit which does not comply with the applicable provisions of the fire prevention sections of the building code or any other code or ordinance of the municipality providing requirements for safety from fire, and the following additional requirements for safety from fire: All such dwellings shall be equipped with functioning smoke alarms as required by the Muncie City Code. (A) (B) Storage of flammable liquids prohibited. No dwelling, dwelling unit, or rental unit shall be located within a building containing any area handling, dispensing, or storing flammable liquids with a flash point of 110F. or lower. Cooking and heating equipment. All cooking and heating equipment, components, and accessories in every heating, cooking, and water-heating device shall be maintained free from all leaks and obstructions and kept functioning properly so as to be free from fire, health, and accident hazards. All installations and repairs shall be made in accordance with the provisions of the building code, plumbing code, or any other codes or ordinances of the municipality applicable thereto. (Ord. No , ) Secs Reserved. DIVISION 7. RESPONSIBILITIES OF PERSONS Sec Scope. Owners and occupants of dwellings or dwelling units, and owners or operators of rooming houses shall be responsible for maintenance thereof as provided in this section: (A) (B) (C) Cleanliness. Each occupant of a dwelling unit shall keep that part of the unit, and premises thereof, being occupied, controlled, or used, in a clean and sanitary condition. Disposal of rubbish. Each occupant of a dwelling unit shall dispose of all his rubbish in a clean and sanitary manner, by placing it in the rubbish containers required in subsection (D). Disposal of garbage. Each occupant of a dwelling unit shall dispose of his garbage in a clean and sanitary manner by placing it in the garbage disposal facilities or, if such facilities are not available, by removing all non-burnable matter and securely wrapping such garbage and placing it in a tight metal storage container as required by subsection (D); or by such other disposal method as may be required by applicable laws or ordinances of the municipality. Every occupant shall be required to maintain the entire demised premises free of garbage and rubbish. (D) Use and operation of supplied plumbing fixtures. Each occupant of a dwelling unit shall keep the supplied plumbing fixtures therein clean and sanitary, and shall be responsible for the exercise and reasonable care of their proper use and operation. (Ord. No , ) XV:161

20 MUNCIE CODE Sec Prosecution of violation. In case any citation or other lawful order is not promptly complied with, the building commissioner may request the legal representative of the municipality to institute an appropriate action or proceeding at law or in equity against the person responsible for the violation: (A) (B) (C) (D) (E) To restrain, correct, or remove the violation, or refrain from any further execution of work; To restrain or correct the erection, installation, or alteration of a building; To require the removal of work in violation; To enjoin the occupation and use of the building, structure, or part thereof maintained in violation of any provision of this Code; or To enforce the penalty provisions of this Code. (F) To secure any other proper remedy. (Ord. No , ) Sec Penalty. Every person or legal entity who shall violate the filing requirement provision of this code shall be informed of such violation as outlined under Indiana Code Every person or legal entity who shall violate any provision of this code shall, upon conviction, be punished by fine. Each day that each violation continues after due notice has been served, shall be deemed a separate offense; provided, that for one offense, no penalty or fine shall exceed $1,000.00, nor shall be less than $ A person or entity who commits a second or subsequent offense involving the same building or premise shall be fined not less than $ for each offense. (Ord. No , ; Ord. No. 2-17, 2, ) XV:162

21 ECONOMIC REVITALIZATION AREAS Abatements for low and moderate income multi-family residential construction projects will follow the same procedures as outlined in section subject to the following criteria which will be followed in determining the number of years and percentage of deduction allowed for these abatements. (A) (B) For a three-year abatement: (1) The new multi-family residential construction must be located in the required low and moderate income qualifying area and be declared an economic revitalization area; and (2) At least 20 percent of the units in the development shall be reserved for low and moderate income individuals; and (3) At least five new full-time, permanent jobs should be created by the project within three years, and all existing jobs should be retained as certified by the petitioner; and (4) All jobs of the applicant and/or occupant of the residential project upon which the six-year abatement is being sought shall pay a minimum of $7.25 per hour and comply with the hourly rate and other representations as contained in the SB-1 submitted with the application. For a six-year abatement: (1) The new multi-family residential construction must be located in the required low and moderate income qualifying area and be declared an economic revitalization area; and (2) At least 20 percent of the units in the development shall be reserved for low and moderate income individuals; and (3) Minimum construction costs estimated to exceed $250,000.00; and (4) At least five new full-time, permanent jobs should be created by the project within one year or 15 (C) jobs in three years, and all existing jobs should be retained, as certified by the petitioner; and (5) All jobs of the applicant and/or occupant of the residential project upon which the six-year abatement is being sought shall pay a minimum of $7.25 per hour and comply with the hourly rate and other representations as contained in the SB-1 submitted with the application. For a ten-year abatement: (1) The new multi-family residential construction must be located in the required low and moderate income qualifying area and be declared an economic revitalization area; and (2) At least 20 percent of the units in the development shall be reserved for low and moderate income individuals; and (3) Minimum construction costs estimated to exceed $1,000,000.00; and (4) At least ten new full-time, permanent jobs should be created by the project within one year or 30 jobs in three years, and all existing jobs should be retained, as certified by the petitioner. (5) All jobs of the applicant and/or occupant of the residential project upon which the ten-year abatement is being sought shall pay a minimum of $7.25 per hour and comply with the hourly rate and other representations as contained in the SB-1 submitted with the application. (Ord. No , 1, ; Ord. No , 1 3, ) Sec Fee schedule. (A) When submitting an application for real estate property tax abatement, the following nonrefundable fee schedule applies: XV:195

22 MUNCIE CODE Total Rehabilitation/ Construction Cost of Project Application Fee $ 20, or less $ ,001 to $ 75, ,001 to $500, ,001 to $999, ,000,000 or more 1, (B) Such fees so collected by the city shall be deposited into a special account and shall be expended to pay the costs of publication of public notices required herein and administrative expenses incurred in the processing of applications for designation of economic revitalization areas and applications for tax abatement therein, and shall not revert to the general fund. (Ord. No , 1-4, ) Sec Single-family residences. (A) Deductions relating to the construction of residential real property shall be granted by the council only when the council finds that the facility to be constructed is located in an economic development target area following findings by the council made pursuant to I.C and further provisions of this section. (B) Before the common council determines that an abatement is appropriate for real property within an economic development target area, and after following procedures required by I.C , the council shall further make all of the following findings pertaining to said property. (1) That the facility to be constructed consists of new construction intended for the habitation by a single-family (owner occupied) unit; (2) That the construction of the facility is intended to commence not later than December 31, 2006; and (3) That the total project for which the applicant seeks abatement consists of construction on not less than one separate free standing structure, which shall be intended for residential usage by a singlefamily unit. (C) The Muncie Redevelopment Commission shall be entitled to charge a reasonable fee payable to the City of Muncie for applications for the aforesaid residential tax abatement. These fees shall be an amount equal to the fees authorized for application fees for real estate property tax abatement, as found within the City of Muncie Code of Ordinances, section , fee schedule, and all amendments thereto. (D) Abatements granted under this section shall be for three years and the granting of abatements under the provisions of this section shall terminate on December 31, 2021 unless amended or extended under a further ordinance. The termination of the provisions of this ordinance on December 31, 2021 shall not affect the length of time of abatements granted prior to such termination. (Ord. No , 1, 4, ; Ord. No , 1, ; Ord. No , 2, ) Secs Reserved. DIVISION 2. TANGIBLE PERSONAL PROPERTY TAX ABATEMENT* Sec Tax abatement committee established. The common council hereby creates the tax abatement committee (committee). The committee shall be comprised of members appointed by the presiding officer of the council pursuant to section of the Muncie Code for the purpose of reviewing tax abatement applications and monitoring property owner compliance. The committee shall also make recommendations to the common council concerning property owner compliance, upon which final decision rests with the common council. The committee may also make recommendations concerning ordinance, resolution, application, and monitoring revisions which can affect *Editor s note Ord. No , 1 4, adopted Aug. 4, 1997, amended Subchapter Tangible Personal Property Tax Abatement of Ch. 161 to read as herein set out. Formerly, said subchapter, , , pertained to similar subject matter and derived from Ord. No , ; Ord. No , 5 15, ; Ord. No , 1, ) XV:196

23 PARALLEL REFERENCES IC Code Sec. IC Code Sec , et seq et seq et seq Ch Ch Ch Ch Ch , Ch Ch Ch Ch et seq et seq SLT:3

24 MUNCIE CODE IC Code Sec , , , , , (e) SLT:4

25 REFERENCES TO ORDINANCES Ord. No. Date Passed Code Sec (A) Rpld Added Ch. 80, Sched. I Ch. 80, Sched. VI Rpld Added (B), Added , , , , Rpld , Added Rpld Added Added (B)(8) (B) Ch.80, sched. I Ch. 80, Sched. I Ch. 80, Sched. XVII (D) (B), CCT:23

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