The county executive adopting an ordinance, order, resolution, or motion for the government of the county or the transaction of county business pursuant to I.C. 36-2-4-2 will adhere to the following legislative procedures: (I.C. 36-2-4-2)
(A) Quorum. A majority of all the elected members constitutes a quorum. (I.C. 36-2-4-3)
(B) Passage of ordinances. A majority vote is required to pass an ordinance unless a greater vote is required by statute. (I.C. 36-2-4-5)
(C) Continuation of question. If only two members of the county executive are present at a
meeting of the executive, and they disagree on a question that is before the executive, the question shall be continued until the next meeting. (I.C. 36-2-4-6)
(D) Passage of ordinance.
(1) This division does not apply to an ordinance of the fiscal body for additional appropriations, or a zoning ordinance or amendment to a zoning ordinance that is adopted under I.C. 36-7.
(2) Unanimous consent of the members present is required to pass an ordinance on the same day or at the same meeting at which it is introduced.
(I.C. 36-2-4-7).
(E) Adoption of ordinances, orders or resolutions.
(1) An ordinance, order, or resolution is considered adopted when it is signed by the presiding officer. If required, an adopted ordinance, order, or resolution must be promulgated or published according to statute before it takes effect.
(2) An ordinance prescribing a penalty or forfeiture for a violation must, before it takes effect, be published once each week for two consecutive weeks, according to I.C. 5-3-1:
(a) With each publication of notice in a newspaper in accordance with I.C. 5-3-1; or
(b) With the first publication of notice in a newspaper described in division (E)(2)(a) above and the second publication of notice:
1. In accordance with I.C. 5-3-5; and
2. On the official web site of the county.
(3) The following apply in addition to the other requirements of this division:
(a) Subject to division (E)(6) below, the legislative body of a county shall:
1. Subject to division (E)(3)(b) below, 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.
(b) Upon written request by the legislative body, the Department of Environmental Management may waive the notice requirement of division (E)(3)(a)1. above.
(c) An environmental restrictive ordinance passed or amended after 2009 by the legislative body must state the notice requirements of division (E)(3)(a) above.
(d) The failure of an environmental restrictive ordinance to comply with division (E)(3)(c) above does not void the ordinance.
(4) This division (E) (other than division (E)(3)(a)) does not apply to a zoning ordinance or amendment to a zoning ordinance, or a resolution approving a comprehensive plan, that is adopted under I.C. 36-7.
(5) An ordinance increasing a building permit fee on new development must:
(a) Be published:
1. One time in accordance with I.C. 5-3-1; and
2. Not later than 30 days after the ordinance is adopted by the legislative body in accordance with I.C. 5-3-1; and
(b) Delay the implementation of the fee increase for 90 days after the date the ordinance is published under division (E)(5)(a).
(6) The notice requirements of division (E)(3)(a) apply only if the municipal corporation received under I.C. 13-25-5-8.5(f) written notice that the department is relying on the environmental restrictive ordinance referred to in division (E)(3)(a) as part of a risk based remediation proposal:
(a) Approved by the Department; and
(b) Conducted under I.C. 13-22, I.C. 13-23, I.C. 13-24, I.C. 13-25-4, or I.C. 13-25-5.
(I.C. 36-2-4-8)
(F) Record of ordinance adopted. Within a reasonable time after an ordinance is adopted, the County Auditor shall record it in a book kept for that purpose. The record must include the signature of the Presiding Officer and the attestation of the Auditor. The record, or a certified copy of the record, is presumptive evidence that the ordinance was adopted and took effect. (I.C. 36-2-4-9)
Statutory reference:
Publication of legal notices, see I.C. 5-3-1