(A) Pursuant to IC 36-4-6-14, an ordinance, order, or resolution passed by the City Council is considered adopted when it is signed by the presiding officer and Mayor or passed by the City Council over the veto of the Mayor pursuant to 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:
(1) It is published under division (C); or
(2) It declares an emergency requiring its immediate effectiveness and is posted in one public place in each district in the city.
(C) Except as provided in division (E), 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 legislative body, constitutes presumptive evidence:
(1) Of the ordinances in the book or pamphlet;
(2) Of the date of adoption of the ordinances; and
(3) That the ordinances have been properly signed, attested, recorded, and approved.
(D) This section (other than division (F)) 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 et. seq.
(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 legislative body in accordance with IC 5-3-1.
(2) Delay the implementation of the fee increase for 90 days after the date the ordinance is published under divisions (E)(1).
(F) Subject to division (J), the City Council shall:
(1) Subject to division (G), 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 City Council, the Department of Environmental Management may waive the notice requirement of division (F)(1).
(H) An environmental restrictive ordinance passed or amended after 2009 by the City Council must state the notice requirements of division (F).
(I) The failure of an environmental restrictive ordinance to comply with division (H) does not void the ordinance.
(J) The notice requirements of division (F) apply only if the municipal corporation received under IC 13-25-8-8.5(f) written notice that the Department of Environmental Management is relying on the environmental restrictive ordinance referred to in division (F) as part of a risk based remediation proposal:
(1) Approved by the Department of Environmental Management; and
(2) Conducted under IC 13-22, IC 13-23, IC 13-24, IC 13-25-4 or IC 13-25-5.
(Ord. 091514A, passed 11-17-14)