(A) An ordinance, order, or resolution passed by the Common Council is considered adopted when it is signed by the presiding officer; and either approved by the Mayor or passed over the Mayor’s veto by the Common Council, under IC 36-4-6-16. If required by statute, an adopted ordinance, order, or resolution must be promulgated or published before it takes effect.
(B) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published in the manner prescribed by IC 5-3-1, unless it is published under division (C) below; or there is an urgent necessity requiring its immediate effectiveness, the Mayor proclaims the urgent necessity, and copies of the ordinance are posted in three public places in each of the districts from which members are elected to the Common Council.
(C) Except as provided in division (E) below, if the city publishes any of its ordinances in book or pamphlet form, no other publication is required. If an ordinance prescribing a penalty or forfeiture for a violation is published under this division, it takes effect two weeks after the publication of the book or pamphlet. Publication under this division, if authorized by the Common Council, constitutes presumptive evidence of the ordinances in the book or pamphlet; of the date of adoption of the ordinances; and that the ordinances have been properly signed, attested, recorded, and approved.
(D) This section, other than division (F) below, does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under IC 36-7.
(E) An ordinance increasing a building permit fee on new development must:
(1) Be published:
(a) One time in accordance with IC 5-3-1; and
(b) Not later than 30 days after the ordinance is adopted by the Common Council in accordance with IC 5-3-1; and
(2) Delay the implementation of the fee increase for 90 days after the date the ordinance is published under division (E)(1).
(F) Subject to division (J), the Common Council shall:
(1) Subject to division (G) of this section give written notice to the Department of Environmental Management not later than 60 days before amendment or repeal of an environmental restrictive ordinance; and
(2) Give written notice to the Department of Environmental Management not later than 30 days after passage, amendment, or repeal of an environmental restrictive ordinance.
(G) Upon written request by the Common Council, the Department of Environmental Management may waive the notice requirement of division (F)(1) of this section.
(H) An environmental restrictive ordinance passed or amended after 2009 by the Common Council must state the notice requirements of division (F) of this section.
(I) The failure of an environmental restrictive ordinance to comply with division (H) of this section does not void the ordinance.
(J) The notice requirements of division (F) of this section apply only if the city received under IC 13-25-5-8.5(f) written notice that the Department is relying on the environmental restrictive ordinace referred to in division (F) as part of a risk based remediation proposal:
(1) Approved by the Department; and
(2) Conducted under IC 13-22, 13-23, 13-24, 13-25-4, or 13-25-5.
(IC 36-4-6-14)