(A) Scope. This policy applies to, and only to, Lake County’s public property database website that:
(1) Is available to the general public over the internet;
(2) Does not require registrations subscription or the creation of a user name and password to search the website; and
(3) Connects a covered person’s home address to the covered person’s name, so that search of the website for the covered person’s name discloses the covered person’s address.
(B) Person’s covered. I.C. 36-1-8.5 provides a means for an individual defined as a “covered person” to submit a written request to have their home address restricted from disclosure on a public property database website. The restricted information will not be made available to a member of the general public. This policy applies to the following “covered persons” as more particularly defined in I.C. 36-1-8.5-3, 36-1-8.5-4, 36-1-8.5-4.5 and 36-1-8.5-6, which definitions are incorporated herein by reference:
(1) A judge;
(2) A law enforcement officer;
(3) A victim of domestic violence; or
(4) A public official.
(C) Responsible department. The Lake County Auditor’s Office, by law charged with oversight of the public records for the county, shall have the responsibility for receiving requests for restricted addresses made by covered persons.
(D) Application for restricted addresses.
(1) By an individual. An individual covered person desiring to restrict his or her address shall complete and file with the Lake County Auditor the Application for Restricted Access form attached to Ord. 1395B as Exhibit A. (A copy of Ord. 1395B is available for public inspection in the county offices during normal business hours.) The Auditor will verify (with applicable agencies, if necessary) that the submission is valid and the applicant is a “covered person.” Victims of domestic violence must submit proof of program participation in the Indiana Attorney General’s address confidentiality program. lf an application is denied by the Auditor, the applicant may appeal in writing to the Board of Commissioners.
(2) By a cooperative agency. The municipal police departments of Lake County, Lake County Sheriff’s Department, Prosecutor’s Office or similar agency (a “cooperative agency”') may agree to provide the Auditor’s office an annual bulk request including all current covered persons within the department or agency. This list shall also include those individuals who have moved from their primary residence or are otherwise no longer a “covered person.” This list shall remain confidential pursuant to I.C. 36-1-8.5-11.
(3) Post-application requirements.
(a) Should any changes to the title of a covered parcel occur, the Auditor will remove that parcel from the restricted address list and a new request must be made by a “covered person”' to again include that parcel on the restricted list. If a covered person transfers title to or moves from a covered parcel, it is his/her responsibility to file a new application for a new covered parcel. This policy is in effect for requestor's primary residence only per I.C. 36-1-8.5-7. If the requestor owns or is involved in additional properties that utilize the primary home address as to the mailing address, will be displayed. If the applicant wishes to have those addresses removed as well, a new application is required for each.
(b) Should a person have a name change after submitting a written request for a title of a covered parcel occur, the Auditor shall be notified in writing of the name change and shall prevent a search by general public of the public property data base web site from disclosing or otherwise associating the covered person’s home address with the covered person's former name and new name.
(E) Results of changes to access of property information.
(1) Lake County MVP public database. Public search results will reflect the changes made to the MVP database for those records marked as “confidential.” These records will display “Information withheld in accordance with I.C. 36-1-8.5-4” in place of the name information. Once the option to suppress has been enabled for a specific parcel the request will be forwarded upon request, to other appropriate county offices for their use in changing internal office databases that may reflect information specifically related to “covered persons”' as defined by I.C. 36-1-8.5. It is the intention of Lake County to comply with the intent of the code to not make the property accessible by means of removing the link between name and parcel information.
(2) Internal county property record databases. Property information stored on internal county databases will still exist and be made available to the public per request, unless blocked by state statute.
(F) Confidentiality. All applications made to the county by a covered person are confidential records and not subject to public access.
(G) Immune. The county may not be held liable for failure to timely restrict disclosure or an address under this chapter unless its act or omission constitutes gross negligence or willful or wanton misconduct.
(H) Application fees.
(1) Exclusion. Victim of domestic violence will be excluded from fees imposed under this section.
(2) Initial request. No fee will be assessed for a requestor’s primary residence site (home address). A $10 per parcel fee will be assessed for additional parcels that make reference to the requestor’s primary residence site (home address).
(3) Additional requests. No fee will be assessed for new parcel requests not included in the original written request to restrict public access to a covered person’s home address.
(4) Change in name of title. A fee of $10 will be assessed for any changes in the name of title of the covered person.
(5) Requests to allow disclosure. There is no charge assessed when a covered person submits a written request to allow public access to the person’s home address on the public property database web site. This action removes a previous request to restrict public access to covered person’s home address.
(I) Amendment. The county reserves the right to amend or revise the contents of this policy as deemed suitable. The revised policy will be available on the County Auditor’s page of the county website.
(Ord. 1395B, passed 4-12-2016)