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(A) The Board of Commissioners, having reviewed the actual costs involved in the operation of copying and facsimile equipment located in the various offices maintained by the county, excluding the costs of labor and overhead, does hereby establish the schedule of fees per page for providing copies of public records:
(1) Copy machine, per page: $0.25; and
(2) Facsimile machine, per page including cost of any long-distance charge: $3.
(B) The County Council, pursuant to I.C. 5-14-3-8, having reviewed the actual costs involved in the operation of the printing equipment located in the Auditor’s office, excluding the costs of labor and overhead, does hereby establish the schedule of fees per page for providing color copies, color maps, and photocopies:
(1) Eight and a quarter by 11 inches, and eight and one-half by 14 inches color map, per page: $1;
(2) Eleven by 17 inches color map, per page: $2; and
(3) Photocopies: $0.10.
(C) The County Council, pursuant to I.C. 5-14-3-8, having reviewed the actual costs involved in the operation of the printing equipment located in the Clerk’s office, excluding the costs of labor and overhead, does hereby establish the following schedule of fees:
(1) Black and white copies 11 by 17 inches or smaller, per page: $1; and
(2) Black and white copies larger than 11 by 17 inches, per page: $5.
(Ord. 99-6, passed 8-2-1999; Council Res. 18-01, passed 1-29-2018; Council Res. 2019-04, passed 11-18-2019; Ord. 2022-13, passed 8-29-2022)
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BULK USER. An individual, a corporation, a partnership, a limited liability company, or an unincorporated association that receives bulk form copies under a contract with the County Recorder.
BULK USER COPY. An aggregation of:
(a) Copies of all recorded documents received by the County Recorder for recording in a calendar day, week, month, or year;
(b) The indices for finding, retrieving, and viewing all recorded documents received by the County Recorder for recording in a calendar day, week, month, or year; or
(c) Both divisions (a) and (b) above.
COPY. A reproduction, including an image of a recorded document or indices created by:
(a) Duplicating electronically-stored data onto a disk, tape, drum, or any other medium of electronic data storage; or
(b) Reproducing on microfilm.
INDICES. All of the indexing information used by the County Recorder for finding, retrieving, and viewing a recorded document.
RECORDED DOCUMENT. A writing, a paper, document, plat, map, survey, or anything else received at any time for recording or filing in the public records maintained by the County Recorder, or the County Recorder’s designee.
(B) Manner and form of production. It is hereby established that the County Recorder shall provide bulk form copies to a bulk user only by electronically transmitting the copies using an electronic transfer process.
(C) Procedure for requesting bulk form copies.
(1) A bulk user must submit a written request to the County Recorder that identifies the requested bulk form copies with reasonable particularity. Unless the request is refused under division (D) below, upon receipt of a valid written request, the County Recorder, or the County Recorder’s designee, shall provide the bulk form copies to the bulk user by the method, or methods, established by ordinance. The bulk form copies shall be provided within a reasonable time after the following events:
(a) The Recorder’s archival process is complete and bulk form copies become available in the County Recorder’s office; and
(b) The bulk form user executes a contract that meets the requirements of division (E) below with:
1. The County Recorder; and
2. If the County Recorder uses a third party to provide bulk copy services, the County Recorder’s designee.
(2) The County Recorder, or the County Recorder’s designee, shall work with reasonable diligence to ensure that bulk form copies are timely produced to the bulk user.
(D) Fees charged for bulk form copies.
(1) Based on a cost study dated March 22, 2019, and performed by the County Recorder (which is incorporated herein by reference), this Board finds and determines that the costs incurred by the County Recorder of producing bulk form copies (including applying a watermark or other protective feature) exceed both the standard fee of $0.10 per page, or per recorded document, fixed by I.C. 36-2-7-10.1(d), and the fee hereafter fixed. Accordingly, the following fee schedule is hereby adopted:
(a) Twenty cents per page for a copy of a recorded document, including the instrument’s book and page, if applicable; and
(b) Twenty cents per recorded document for a copy of the indices used by the County Recorder for finding, retrieving, and viewing a recorded document.
(2) The fees charged by the County Recorder are subject to the following requirements:
(a) The County Recorder shall pay the fees into the county treasury at the end of each calendar month;
(b) The fees prescribed and collected under this section supersede all other fees for bulk form copies required by law to be charged for services rendered by the County Recorder to bulk users;
(c) All revenue generated by the County Recorder under this division (D) shall be deposited in the County Recorder’s Records Perpetuation Fund, and used by the Recorder in accordance with I.C. 36-2-7-10(f); and
(d) The Recorder shall periodically update and verify the cost study referred to in division (D)(1) above.
(E) Bulk user contract; termination.
(1) (a) A bulk user must enter into a contract with the County Recorder, and if the County Recorder uses a third party to provide bulk copy services, the County Recorder’s designee, in order to receive bulk form copies. The contract must be in writing and must require that the bulk user agree not to do any of the following:
1. Except as provided in division (F) below, provide, transfer, or allow the transfer of any copy of a recorded document obtained by the bulk user under this section to a third party;
2. Engage in unauthorized access to recorded documents; and/or
3. Engage in unauthorized alteration of recorded documents.
(b) A contract required under this division (E) may not include any restrictions on a bulk form user’s use of the bulk form copies other than those contained in this division (E).
(2) If a bulk user does not comply with a contract, the County Recorder may terminate the contract, immediately stop providing bulk form copies to the bulk user, and refuse to provide the bulk form copies required by the bulk user if all termination provisions and procedures in the contract have been met by the County Recorder. The County Recorder may refuse subsequent requests from a bulk user for bulk form copies in the following circumstances:
(a) The bulk user is a person that has had a previous bulk form copy contract terminated by the County Recorder because the Recorder determined that the bulk user failed to comply with the contract; and
(b) The bulk user is a corporation, or limited liability company, in which a person has a majority or controlling interest and:
1. The person requested bulk form copies under a previous contract with the County Recorder; and
2. The contract was terminated by the County Recorder because the County Recorder determined that the person failed to comply with the contract.
(F) Resale of bulk form copies by bulk user.
(1) (a) A bulk user that is licensed under I.C. 27-1-15.6-6(d), or holds a certificate of authority under I.C. 27-7-3-6, may provide bulk form copies related to the specific order for a title search (as defined in I.C. 27-7-3-2) when operating as:
1. A title plant for the issuance of title insurance (as defined in I.C. 27-7-3-2); or
2. A title company (as defined in I.C. 27-7-3-2).
(b) A bulk user that meets the requirements of this division (F) may charge his or her customers a fee for using the bulk form copies obtained by the bulk user that may not exceed the costs incurred by the bulk user for obtaining the bulk form copies.
(c) A bulk user that meets the requirements of this division (F) may not resell, provide, transfer, or allow the transfer of any copy of a recorded document, whether in bulk form or as individual copies or images, to any other bulk user or title plant.
(2) A bulk user that does not meet the requirements of division (F)(1)(a) above is prohibited from selling, offering for sale, advertising for sale, soliciting a purchase of, loaning, giving away, allowing subscription service to, or otherwise transferring, providing, or allowing the transfer of bulk form copies for commercial purposes to a third-party, whether the copies are in bulk form or individual copies or images.
(G) Watermark on bulk form copies. The Recorder shall watermark all bulk form copies with the following: “THIS DOCUMENT IS PROVIDED FOR THE SOLE USE OF (insert bulk user name) AND EXCEPT AS PROVIDED FOR IN I.C. 36-2-7-10.1(h), SHALL NOT BE RESOLD PURSUANT TO I.C. 36-2-7-10.1. OFFICIAL COPIES MAY BE OBTAINED AT THE COUNTY RECORDER’S OFFICE”.
(Ord. 2019-03, passed 4-15-2019; Ord. 2019-04, passed 4-15-2019)
(A) The Auditor of the county shall collect a fee in the amount of $10 for each deed for which the Auditor makes a real property endorsement, which fee shall be in addition to any other fee provided by law, but shall be in place of any other endorsement fee heretofor established or authorized by this Board.
(B) The revenue received from division (A) above shall be placed in a dedicated fund for use in maintaining plat books, in traditional or electronic format.
(Ord. 2019-05, passed 6-17-2019)
(A) The County Sheriff’s Department shall charge a fee in the amount of $5 for each and every accident or incident report copy issued by said Department.
(B) Not less frequently than monthly, the County Sheriff’s Department shall make a report to the County Auditor of all reports furnished during the proceeding month, and remit all fees collected to the County Auditor.
(C) Upon receipt of the fees, the County Auditor shall issue a quietus for such remittances specifying on such receipt the number of receipts included.
(D) Upon receipt of such funds, the County Auditor shall deposit such funds to the credit of the Sheriff’s accident report account, as provided in I.C. 9-26-9-3.
(Council Ord. 2002-01, passed 5-21-2002)
(A) This section shall be applicable to all yard waste, and all trees and bushes, and trimmings therefrom, which shall hereinafter be referred to as “yard waste”.
(B) The county may, from time to time, establish collection sites for the collection of yard waste deposited by residents of the county not engaged in business ventures.
(C) To be eligible for deposit at established collection sites, yard waste must be in separate bags or boxes containing no greater than 45 gallons per container, or cut to size and in the above approximate quantity, which is manageable by site attendants and county employees.
(D) Each authorized bag, box, or quantity of yard waste shall have affixed thereto one-half of the regular solid waste sticker to be purchased from the county, or a seller authorized by the county, thereby making the cost of disposal for yard waste one-half of that established from time to time by the county for items of solid waste normally deposited at collection sites.
(E) Stickers shall not be sold in one-half units but only as a whole sticker. Income collected from the sale of such stickers shall be deposited in the County Sanitation Fund.
(F) It shall be unlawful for any person to place items of solid waste in any container designated to contain yard waste, and it shall be unlawful for any person to deposit yard wastes at any collection site without payment of an established fee, or at any time when said collection site is not staffed by a county employee and open to the public for receipt of items.
(G) It shall be unlawful for any person to dispose of any yard waste on any public real estate or right-of-way, except at a designated collection site.
(H) A violator of this section shall also be liable to the county for all damages and expenses incurred by said county by reason of such violation, which are established in a civil action for such purpose, and which shall include a reasonable attorney’s fee in said action.
(Ord. 98-11, passed 12-7-1998) Penalty, see § 34.99
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