(A) Except as provided by this section, it is made unlawful for any person to move, change, damage or otherwise alter a monument marking a section corner without complying with the provisions of I.C. 36-2-12-13.
(B) It is made unlawful for any person to damage or remove a monument marking a section corner or HARN point. Any person who damages or removes a monument marking a corner or high accuracy reference network (HARN) point shall reimburse the county for the cost of repairing or replacing the monument.
(C) A person may, for excavation, mineral extraction, or other purposes related to the person's business, including the activities described in division (E) below, temporarily remove a monument marking a corner. The person must notify in writing the County Surveyor at least 30 days before removing the monument. The person must, within a reasonable time, either replace the monument at the person's expense utilizing a registered land surveyor under the supervision of the County Surveyor or, if the County Surveyor is not registered under I.C. 25-21.5 or I.C. 25-31, the registered person who is appointed by the Board of Commissioners under I.C. 36-2-12-11, or have the County Surveyor replace the monument. The person shall reimburse the county for the cost of such supervision or replacement by the County Surveyor. The Surveyor shall file a copy of the notice in the Corner Record Book.
(D) Only the County Surveyor or his or her designee may change the location of any monument. A person who wishes to have the location of a monument changed must make a request to the surveyor in writing and furnish written approval of all landowners whose property is affected by the proposed change. The Surveyor may approve, reject, or modify the request and shall file a copy of the notice and the landowners' consents in the Corner Record Book.
(E) When, in the construction or maintenance of a state, county, or municipal road or street, it isnecessary to remove or bury a monument marking a corner, the owner of the public right-of-way shall notify the County Surveyor in writing at least 15 days before commencing the work.
(F) Any person who violates this section shall be deemed guilty of an infraction and may be fined up to $2000 for each monument damaged or removed and all costs, including court costs, for each violation, and shall reimburse the county for all costs of repairing or replacing each such monument.
(G) The County Sheriff or his designee, any deputy of the County Sheriff's Department or the County Surveyor may issue a citation under the terms and conditions of this section.
(H) All fines imposed for violations of this section shall be deposited in the Tippecanoe County Surveyor's Corner Perpetuation Fund.
(Ord. 2003-39-CM, passed 8-4-03)