TITLE 32
COUNTY PROPERTY

ARTICLE 1
COUNTY REAL ESTATE

Chapter 1
Purchases

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Purchases. 

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Land Purchase-Original Plat of Auburn Junction.  SECTION 1. The purchase by the County of DeKalb of the property in DeKalb County, Indiana described as follows, to-wit:

Parts of' lots thirty-seven and thirty-eight in the Original Plat of Auburn Junction, Indiana, bounded as follows: Beginning at the northwest corner of lot number thirty-eight in the Original Plat of Auburn Junction, thence east sixty-six feet, thence south ninety-nine feet to the right of way of Toledo and Chicago Railroad Company, now Fort Wayne and Northwestern Railway Company; thence southwesterly along the north line of said right of way of the Fort Wayne and Northwestern Railway Company to the southwest corner of said lot number thirty-seven in said Original Plat of Auburn Junction; thence north one hundred thirty-two feet along the west boundary line of said lot number thirty-seven and said lot thirty-eight, to the place of beginning.

Subject to a private driveway along the east and southeast boundary of said described parts of lots, that may be used by said grantee and the adjoining landowners, being a strip of ground twelve feet in width along the southeast boundary and six feet wide along the east boundary; the conditions being that the owners of the land adjoining the east boundary shall set aside a strip six feet in width along the east side, making a continuous driveway 12 feet in width to be used by adjoining landowners.

(Ord. 053160, passed May 31, 1960)

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Real Estate Purchase Original Plat, Auburn.  Ordinance to purchase the following described real estate from Bruce Scranage for $43,000.00 was signed by County Commissioner President, James C. Herzer and Council President, Loyal Bowerman.

Part of Lot #217, excepting the west 115' 3" in the Original Plat of the City of Auburn. Also all that portion along the north side of 8th Street and the west side of Union Street, adjacent to the described real estate, vacated by the City of Auburn.

(Ord. 0110584, passed November 5, 1984)

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Real Estate Purchase from City of Auburn.  WHEREAS, the City of Auburn owns certain real estate within the City of Auburn adjacent and contiguous to the real estate owned by the County of DeKalb upon which the County of DeKalb desires to build a jail and related facilities.

WHEREAS, the City of Auburn has determined by Ordinance #83-23 that said real estate is not necessary to the operation of the City of Auburn and the City of Auburn is agreeable to selling said real estate to the County of DeKalb for use as a construction site for a new jail.

WHEREAS, the County of DeKalb has made an offer concerning said real estate pursuant to I.C. 36-1-11-8 and the City of Auburn has accepted said offer to enter into an Agreement in connection therewith.

NOW, THEREFORE, BY IT ORDAINED BY THE DEKALB COUNTY COUNCIL, AS FOLLOWS:

Section 1. That the following described real estate situated in DeKalb County, Indiana, to-wit:

The East sixty five (65) feet of Lot Numbered 215 in the original plat of the Town, now City of Auburn, DeKalb County, Indiana together with the west two (2) feet of the east eight (8) feet of the vacated right-of-way of East Street (now known as Union Street) from the north line of Ninth Street to the south line of Eighth Street the same being a strip of land two (2) feet wide east to west and one hundred forty six (146) feet long north to south and more particularly described as follows: beginning at the southeast corner of lot number two hundred fifteen (215) in the original plat of the City of Auburn, thence east two (2) feet, thence north one hundred forty six (146) feet then west two (2) feet, thence south to the place of beginning.

Section 2. That the purchase price of said real estate shall be the sum of $25,000, plus certain other considerations which are more fully set forth in an Agreement entitled "AGREEMENT TO TRANSFER TITLE TO REAL ESTATE TO THE COUNTY OF DEKALB FROM THE CITY OF AUBURN INDIANA MUNICIPALITIES PURSUANT TO I.C. 36-1-11-8" attached hereto, made a part hereof, and marked as Exhibit A, which this Council does now execute.

Section 3. That the DeKalb County Commissioners on behalf of the County are hereby authorized and directed to execute said "AGREEMENT TO TRANSFER TITLE TO REAL ESTATE TO THE COUNTY OF DEKALB FROM THE CITY OF AUBURN INDIANA MUNICIPALITIES PURSUANT TO I.C. 36-1-11-8", and pay out to the City of Auburn the sum of $25,000 in return for a Warranty Deed conveying said property to the County and to grant to the City of Auburn an easement over and along lot numbered two hundred sixteen (216) for ingress and egress if requested at some later date.

Section 4. BE IF FURTHER ORDAINED, that this ordinance shall be in full force and effect from and after its passage.

(Ord. 84-1, passed January 1, 1984)

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Purchase of Site for Sub Highway Garage Near St. Joe.  "Be it resolved by the County Council of DeKalb County, Indiana that said County Council does now approve the purchase a site for the location of a sub highway garage by DeKalb County, Indiana for the sum of $200.00 in cash the following described real estate in DeKalb County, Indiana, to-wit:"

Commencing at a point 375 feet West and 200 feet South from the corner post where Washington Street and Saint Joe crosses the Section line road west of Saint Joe, thence south 150 feet, thence west 138 feet; thence north 150 feet, thence east 137 2/7 feet to the place of beginning, the same being situated in the Southeast quarter of Section 16, Township 33, North of range 14 East.

(Res. 060452, passed June 4, 1952)

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Rest Park on U.S. 6 Conveyed to DeKalb County Commissioners from the State of Indiana.  Be it resolved that we, DeKalb County Commissioners, do hereby accept a conveyance from the State of Indiana, Indiana State Highway Commission rest park on U.S. Road 6 East of Waterloo, DeKalb County, Indiana, and being identified by the Indiana State Highway Commission as P-212.

Upon motion made and duly seconded it was duly adopted. The Auditor of DeKalb County is directed to forward a copy of this resolution of the minutes of the Board of Commissioners to the State Highway Commission.

(Res. 79-1, passed January 15, 1979)

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Annexation Notification.  BE IT RESOLVED that county tax records and all other legal purposes and uses concerning the location of corporate boundaries shall not be changed until the city or town clerk or executive has provided the county auditor with proof of delivery of a copy of the new annexation ordinance together with a map...served on:

County Plan Commission

County Building Inspector

County Prosecuting Attorney

County Commissioners

County Surveyor

County Clerk

County Treasurer

County Assessor

County Auditor

County Highway Superintendent and

County Recorder

(Res. 052990, passed May 29, 1990)

Chapter 2
Conveyances

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Conveyances. 

Chapter 3
Parking Lot

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Parking Lot. 

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Handicap Parking Space and Enforcement.  WHEREAS the State of Indiana has enacted Indiana Code 5-16-9-4 and 5-16-9-5 establishing specifications for handicapped parking spaces and enforcement.

NOW THEREFORE, DeKalb county hereby adopts by reference all of the provisions of Indiana Code 5-16-9-4 and 5-16-19-5 concerning specifications and enforcement of the handicapped parking laws.

(Ord. 94-5, passed May 8, 1994)

Chapter 4
Lease for Local Public Improvements

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Lease for Local Public Improvements. 

Chapter 5
Permit Encroachment Shutt and Henderson

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Permit Encroachment Shutt and Henderson.  WHEREAS a one story residence was built on the following described real estate in Spencerville DeKalb County, Indiana:

Lot Number 31 and Lot Number 32 in Shutt and Henderson's Addition to the town of Spencerville, as per the plat thereof, commonly known as 5427 County Road 68.

WHEREAS said residence has encroached in the Town of Spencerville Street Right of Way as shown on the attached Survey (Exhibit A) for a period of several years,

IT IS HEREBY ORDAINED by the DeKalb County, Indiana Commissioner:

Section 1. That Jeffrey and Cynthia Bemis and their successors in interest to the aforedescribed real estate are hereby granted authority to keep and maintain said encroachment as long as encroaching structures continue to exist, but said authority shall terminate at any time that the encroachment ceases to exist, and no additions and/or modifications which would require a building permit shall be made to the structure.

Section 2. This ordinance shall be in full force and effect from and after its date of passage.

(Ord. 110788, passed November 7, 1988)

ARTICLE 2
COUNTY BUILDINGS

Chapter 1
Court House

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Court House 

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Plans and Specifications for Construction of Court House.  BE IT ORDAINED by the DeKalb County Council of DeKalb County, Indiana, that for the purpose of providing a fund for the payment of the costs of building and constructing a new court house in said DeKalb County and State of Indiana that the Board of Commissioners of said County of DeKalb be and they are hereby empowered, authorized and directed to issue and sell county bonds of said county. Said bonds to be issued for the aggregate par value of one hundred and fifty thousand ($150,000.00) dollars, and to be issued in amounts and on condition as hereinafter provided, and to be sold for cash to the highest responsible bidder at not less than the par value thereof, together with all interest accrued at the date of sale, and that the proceeds arising from the sale of said bonds be and the same is hereby appropriated and set apart for the exclusive purpose of the payment of the cost of building, erecting, constructing and equipping said court house as aforesaid. The said bonds to be payable in ten equal installments and to be issued in ten series. The first of said series shall be called Series "A" and be for the aggregate par value of fifteen thousand dollars, and to include fifteen bonds numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "A" shall be paid on the 15th day of January, 1913.

The second series of said bonds shall be called Series "B" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "B" to be paid on the 15th day of January, 1914.

The third series of said bonds shall be called Series "C" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "C" to be paid on the 15th day of January, 1915.

The fourth of said series shall be called Series "D" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "D" to be paid on the 15th day of January, 1916.

The fifth of said series shall be called Series "E" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "E" to be paid on the 15th day of January, 1917.

The sixth of said series shall be called Series "F" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "F" to be paid on the 15th of January, 1918.

The seventh of said series shall be called Series "G" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of said bonds to be of the par value of one thousand dollars. All of said bonds of said "Series "G" to be paid on the 15th day of January, 1919.

The eighth of said series shall be called Series "H" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "H" to be paid on the 15th day of January, 1920.

The ninth of said series shall be called Series "I" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of the said bonds to be of the par value of one thousand dollars. All of said bonds of said Series "I" to be paid on the 15th day of January, 1921.

The tenth of said series shall be called Series "J" and be for the aggregate par value of fifteen thousand dollars and to include fifteen bonds, numbered one to fifteen inclusive, each of said bonds to be of the par value of one thousand dollars. And all of said bonds of said Series "J" to be paid on the 15th day of January 1922.

All of the said bonds hereinbefore described are to be dated July 15th, 1911 and to be made payable at the office of the County Treasurer, in the said City of Auburn, DeKalb County, Indiana, to the bearer and to bear interest at the rate of three and one half per cent per annum, interest payable semi-annually.

(Ord. 090810, passed September 8, 1910)

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Laying of Corner-Stone of New Court House.  Be it Resolved, that the Hon. Thomas R. Marshall, Governor if Indiana, be invited to deliver and address at the laying of the corner-stone of the new court house.

Be it further Resolved, that said corner-stone be laid with Masonic ceremonies, said ceremonies to be in charge of DeKalb Lodge, #214, F.& A.M., Auburn, Indiana.

Be it further Resolved, that the following named citizens be and are hereby appointed as a committee on arrangements to prepare the program for and look after the arrangements of the laying of said corner-stone, to wit: H. R. Culbertson, R. H. Sprott, M. Boland, Geo. A. Bishop, Dan M. Link. Provided, that the actions of said committee shall be subject to the approval of this board.

Be it further Resolved, that the mayors and members of the common councils of the cities, the trustees of the towns, the trustees of the townships, the members of the county council, the county officers and the civic and military organizations of the county, be and are hereby invited to participate in the laying of said corner-stone.

Be it further Resolved, that Thursday, July 27, 1911, be and the same is hereby set apart as the day upon which said corner-stone shall be laid.

(Res. 060611, passed June 6, 1911)

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No Smoking in the Court House.  Be it Resolved that all smoking will be prohibited in the Court House.

(Res. 121691, passed December 16, 1991)

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Plans and Specifications for Construction of Courthouse.  Be is resolved by the Board that the plans and specifications for the construction of the new court house presented to the board by Mahurin and Mahurin, architects heretofore employed by this board for such purpose, so far as such plans and specifications cover the construction of said building be and the same are hereby approved and adopted.

And it is hereby ordered that one set of said plans and specifications be filed with the County Auditor, and by him sealed up and retained unopened until the completion of the building or that portion of the work covered by said plans and specifications and that one set of said plans and specifications be filed with said auditor and remain open for public inspection for thirty days from this date, and that said set be used for the inspection of bidders on said work and for reference in the construction of said work when the contract for the same is let.

It is further ordered that the form of notice, bid, affidavit, bond and contract attached to said specifications be and the same are hereby adopted for the use of bidders in the letting of said work and that all bids, bonds and affidavits be in the form specified and that each bidder be required to file his certified check as in said specifications required.

(Res. 021511, passed February 15, 1911)

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Historic Document Display. 

Chapter 2
County Jail

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Jail Project.  WHEREAS, a petition in 4 counterparts, signed by 89 taxpaying citizens of DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb", the County Courthouse, Auburn, Indiana 46706, has been filed at a meeting with The Board of Commissioners of the County of DeKalb, the County Courthouse, Auburn, DeKalb County, Indiana 46706, regarding the erecting and leasing of a law enforcement facility and operating headquarters for the County Sheriff and his department, from DeKalb County Jail Building Corp., under Public Law 57 of the Acts of the Indiana General Assembly for the year 1981 and all acts amendatory thereof or supplemental thereto; and

WHEREAS, this petition has been carefully considered and investigations have been conducted by the Board of Commissioners of the County of DeKalb, the County Courthouse, Auburn, DeKalb County, Indiana 46706, both before and after the filing of said Petition; and

WHEREAS, The Board of Commissioners of the County of DeKalb, the County Courthouse, Auburn, DeKalb County, Indiana 46706, now finds that a need exists for a law enforcement facility and operating headquarters for the County Sheriff and his department, and that DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb", the County Courthouse , Auburn, DeKalb County, Indiana 46706, does not presently have the necessary funds to pay the estimated cost of the law enforcement facility and operating headquarters for the County Sheriff and his department required to meet such need; and

WHEREAS, it is deemed desirable to proceed with the necessary negotiations and all other steps looking toward the acquiring of real estate and erection of such building improvements by DeKalb County Jail Building Corp., and the lease of such real estate and building to DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb", the County Courthouse, Auburn, DeKalb County, Indiana 46706.

NOW, THEREFORE, BE IT RESOLVED that the petition of taxpaying citizens of DeKalb County heretofore filed with The Board of Commissioners of the County of DeKalb, the County Courthouse, Auburn, DeKalb County, Indiana 46706, is hereby approved.

BE IT FURTHER RESOLVED, that a need exists for the acquiring of real estate and erection of such building improvements, and that the funds needed therefor exceed the funds presently available to DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb", the County Courthouse, Auburn, DeKalb County, Indiana 46706, and that this Board proceed to take such steps as may be necessary to secure the real estate and erection and lease of such law enforcement facility and operating headquarters for the County Sheriff and his department as provided under Public Law 57 of the Acts of the Indiana General Assembly for the year 1981 and all acts amendatory thereof or supplemental thereto.

(Res. 012484, passed January 24, 1984)

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Jail Building Corporation Lease.  WHEREAS, The Board of Commissioners of the County of DeKalb had previously examined and approved a form of lease proposed by DeKalb County Jail Building Corp. on February 6, 1984, and

WHEREAS, notice of a hearing. on the proposed lease was given by publication in the Auburn Evening Star and the Garrett Clipper on the 8th and 15th day of February, 1984, and the 9th and 16th day of February, 1984, respectively, and said hearing has been held in accordance with said notice; now, therefore,

BE IT RESOLVED, by The Board of Commissioners of the County of DeKalb of DeKalb County, that this Board now finds that said drawings, plans, specifications and estimates provide the necessary facilities for the operation of a county jail and law enforcement facility and for the necessary law enforcement in connection therewith and the same now are hereby approved, and the members of' The Board of Commissioners of the County of DeKalb be and they are hereby authorized and directed to endorse their approval upon such drawings, plans, specifications and estimates.

BE IT FURTHER RESOLVED, that the lease be amended on page four by deleting October 20, 1985 and inserting in place thereof October 10, 1985 and on page five by deleting $3,000,000 and inserting in place' thereof $2,000,000 and on page twenty-five, Section 11.2 and on Exhibit A by deleting the word "fifteenth" and inserting in place thereof the word "nineteenth" and also on Exhibit A by deleting the option figures after the numbers 15, 16, 17, and 18.

BE IT FURTHER RESOLVED, that the proposed lease with DeKalb County Jail Building Corp., as Lessor, provides for a fair and reasonable rental and further that the execution of said lease as amended is necessary and wise.

BE IT FURTHER RESOLVED, that the DeKalb County Auditor is authorized and directed to initial and date a copy of the proposed lease and to place the same in the minute book immediately following the minutes of this meeting, and said lease is made a part of this resolution as fully as if the same were set forth herein.

BE IT FURTHER RESOLVED, that the members of The Board of Commissioners of the County of DeKalb be and they are hereby authorized and directed to execute the aforesaid lease as amended as attached on behalf of DeKalb County, a body corporate and politic designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb".

BE IT FURTHER RESOLVED, that The Board of Commissioners of the County of DeKalb of DeKalb County, Indiana, be and they are hereby authorized to execute all necessary certifications, documents, assignment of contracts, and instruments, including Escrow Agreement and Uniform Commercial Code Financing Statements, in connection with the lease between DeKalb County Jail Building Corp., as Lessor, and DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb", as Lessee.

BE IT FURTHER RESOLVED, that The Board of Commissioners of the County of DeKalb of DeKalb County, Indiana, is authorized to execute a Warranty Deed from DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb, to DeKalb County Jail Building Corp. for the real estate to be leased to this County under the, aforesaid lease and to assign that certain architectural contract dated May 16,. 1983 by and between the County and Archonics of Fort Wayne, Inc. to DeKalb County Jail Building Corp. and to assign $75,874 of that certain contract dated February 14, 1983 between the County and Construction Control to DeKalb County Jail Building Corp., and to assign all the County's interest in and to the contracts of the following successful bidders: Michael Kinder & Sons, Hagerman Construction, Ramenda Masonry, Almet, Inc., Schenkel & Sons, Pettigrew & Sons, City Glass Specialty, Strahm, Inc., Dietrich Acoustic Co., Midwest Tile & Interiors, Inc., Early Elevator Co., DVT Inc., Fort Wayne Air Conditioning, Honeywell, Inc. and A. Hattersley & Sons to DeKalb County Jail Building Corp. and to defend all demands, causes of action or actions and to indemnify, save and hold harmless DeKalb County Jail Building Corp. from all demands, causes of action or actions resulting from or arising out of DeKalb County Jail Building Corp. accepting said assignments.

BE IT FURTHER RESOLVED, that an annual tax levy is hereby authorized in each year during the term of the lease between DeKalb County Jail Building Corp., as Lessor, and DeKalb County, a body corporate and politic, designated by the laws of the State of Indiana as "The Board of Commissioners of the County of DeKalb", as Lessee, to provide the necessary funds with which to pay the rental due under the lease.

BE IT FURTHER RESOLVED, that Robert A. Gaier and James Habig are hereby appointed by the County as real estate appraisers pursuant to Indiana Code 36-1-10-11 and upon making their appraisal to make their appraisal report within two weeks from this date.

(Res. 022184, Passed February 21, 1984)

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Amendment to Jail Building Corporation Lease.  The President of The Board of Commissioners of the County of DeKalb stated that the Commissioners had received a letter dated March 23, 1984 from DeKalb County Jail Building Corp. requesting the amendment of the minutes of the Commissioners' meeting of February 21, 1984. The letter was reviewed by the members of the Board, and after discussion the following resolution was adopted:

BE IT RESOLVED, that the minutes of the meeting of The Board of Commissioners of the County of DeKalb of DeKalb County, Indiana, be and are hereby amended, all as of February 21, 1984, to reflect the actions of The Board of Commissioners of the County of DeKalb of DeKalb County, Indiana whereby the Lease on that date by and between DeKalb County Jail Building Corp., Lessor, and DeKalb County, Lessee, was amended to delete the word "fifteenth" in Section 11.2 and on Exhibit A and insert in place thereof the word "nineteenth" and also on Exhibit A to delete the option figures after numbers 15, 16, 17, and 18.

(Res 032684, passed March 26, 1984)

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Amendment to February 21, 1984 Minutes.  BE IT RESOLVED, that the minutes of the meeting of The Board of Commissioners of the County of DeKalb of DeKalb County, Indiana, be and are hereby amended, all as of February 21, 1984, to reflect the actions of The Board of Commissioners of the County of DeKalb of DeKalb County, Indiana whereby the Lease on that date by and between DeKalb County Jail Building Corp., Lessor, and DeKalb County, Lessee, was amended to delete the word "fifteenth" in Section 11.2 and on Exhibit A and insert in place thereof the word "nineteenth" and also on Exhibit A to delete the option figures after numbers 15, 16, 17, and 18.

(Res. 032484, passed March 24, 1984)

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Jail Lease.  WHEREAS this County has heretofore entered into a Contract of Lease (the "Lease") dated February 21, 1984 with DeKalb County Jail Building Corp. as Lessor (the"Lessor"),under which the Lessor constructed the Project, as defined in the Lease, and leased the Project to this County with semiannual payments of Rent to be made by the County to the Lessor or to its assignee; and

WHEREAS, upon completion of the Project, the County and the Lessor executed Certificate of Completion and Addendum to Lease dated September 16, 1985, and thereafter the Lessor assigned its interest in the Lease and conveyed its interest in the real estate which is the subject of the Lease to Fort Wayne National Bank, Trustee (the "Trustee"); and

WHEREAS, the County will pay its first Rent, as defined in the Lease, on the first Rental Payment Date, as defined in the Lease, October 10, 1985;

WHEREAS, pursuant to a Trust Agreement and Indenture of Trust, dated as of April 18, 1984, (the "Indenture") between Summers & Company, Inc. (the "Company") and Trustee, the Lessor's interest in the Lease assigned to the Trustee has been fractionalized and the Trustee has issued $3,845,000 DeKalb County Participation Certificates, Series 1984 (the "Series 1984 Certificates") dated as of April 18, 1984, of which $3,845,000 Series 1984 Certificates are presently outstanding; and

WHEREAS, I.C. 5-1-5, as amended, provides for the issuance of certificates of participation to refund certificates of participation in the lessor's interest in and rights under a lease which is payable from rental payments to be made by a county, and to pay costs of refunding, thereby effecting a savings to the lessee county, and

WHEREAS, the Company as requested the Trustee to issue $3,850,000 DeKalb County Refunding Participation Certificates, Series 1985 (the "Series 1985 Certificates) for the purpose of refunding the Series 1984 Certificates, to pay costs of refunding and thereby to effect a savings to the County by reducing the Rent payable under the Lease; and

WHEREAS, it is necessary that the Lease be amended in order to effect the issuance of the Series 1985 Certificates and the refunding of the Series 1984 Certificates;

NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of DeKalb County hereby approves the First Supplemental Contract of Lease dated as of October 14, 1985, amending and supplementing the Lease, in the form now on file with the Board of Commissioners, and said First Supplemental Contract of Lease is hereby approved, and the President and Secretary of the Board are hereby authorized and directed to execute the First Supplemental Contract of Lease in substantially the form with such changes as are not adverse to the interests of the County and as are permitted by law. The approval of such changes by the President and the Secretary, and that such changes are not adverse to the interests of the County, shall be conclusively evidenced by the execution of those instruments.

BE IT FURTHER RESOLVED, that the President and the Secretary and such other officials of the County as are appropriate are hereby authorized and directed to execute such financing statements and certificates and authorizations and requests and other instruments as are, in the opinion of counsel to the County and the Company, necessary or appropriate to consummate the refunding described above.

BE IT FURTHER RESOLVED, that the President of the Board of Commissioners be and is hereby authorized to sign the letter to the Federal Reserve Bank, Chicago, Illinois, dated September 16, 1985 attached hereto as Exhibit A.

(Res. 091685, passed September 16, 1985)

32-2-2-6  

Jail Floor Repair.  WHEREAS, the floor of the DeKalb County Jail in part needs to be reinforced as reported by the DeKalb County Sheriff;

WHEREAS, the DeKalb County Sheriff has reported a public safety and welfare problem with the public jail floor;

WHEREAS, the DeKalb County Sheriff has obtained a written opinion from a licensed engineer regarding repairs needed for part of the public jail floor;

NOW THEREFORE, be it hereby resolved that the DeKalb County Commissioners resolve and declare that;

1.   The current condition of parts of the floor of the DeKalb County Public Jail presents a danger to and threatens the public safety and welfare that could not have reasonably been foreseen;
2.   The licensed structural engineer, James L. McClain, P.E. gave a written report of the immediate need to correct the floor slab problems in the public jail;
3.   The DeKalb County Sheriff reported that some cement blocks are loose, cracks appear in the floor which effect the walls resulting in a public safety and welfare problem for the public jail as a security facility;
4.   An emergency is declared under Indiana Code Section 36-1-12;
5.   Two persons as defined in the public construction law have been invited to bid or quote the contract to repair the DeKalb County public jail floor, to-wit:
A.   Henderson Construction Co. of Waterloo, Indiana
B.   Dwyer Concrete Company of Cincinnati, Ohio
6.   The wage provisions of Indiana Code Section 5-16-7 apply as required by law, where any project over $150,000.00 must have a prevailing wage established;
7.   The anti-discrimination provisions of Indiana Code Section 5-16-6-1 apply as required by law;
8.   The contractor will have a written contact according to this resolution and consistent with specifications of the structural engineer's opinion and be overseen by the DeKalb County Sheriff on behalf of the DeKalb County Commissioners;
9.   The contract shall be in accordance with the written proposal dated January 24, 1996 submitted by Henderson Construction of Waterloo, Indiana, and Henderson Construction on a time and materials basis as the general contract or who has experience working for DeKalb County on public work projects and has a subcontractor specialist with expertise in reinforcing cement floors;
10.   The contract amount shall not exceed the maximum sum of sixty-thousand dollars ($60,000).

(Res. 96-3, passed April 8, 1996)

Chapter 3.
County Office Building

32-2-3  

County Office Building. 

32-2-3-1  

General Obligation Bonds.  Auditor presented to the bodies a petition filed by owners of taxable real estate in the in the county requesting issuance of General Obligation Bonds by DeKalb County in an amount, not exceeding $1,000,000.00, for the purpose of providing funds to be applied on the cost of improvements to the county office building by renovation and remodeling and the incidental expenses connected therewith.

After examination of said petition, on motion duly made, seconded and unanimously carried, the following resolution was, adopted:

WHEREAS, there has been filed with the DeKalb County Council and the DeKalb County Commissioners a petition signed by owners of taxable real estate in said municipal corporation, requesting the issuance of General Obligation Bonds to provide funds to be applied on the cost of improvements to the county office building together with the incidental expenses connected therewith; and

WHEREAS, The DeKalb County Council and the DeKalb County Commissioners now find that a need exists for the renovation and remodeling of the county office building that said petitions for the issuance of General Obligation Bonds not to exceed $1,000,000.00 for the partial payment of the costs is in due form and has attached thereto the affidavits of the persons circulating the same, verifying the signatures appearing thereon, and certificates of the Auditor of DeKalb County certifying that said petition is signed by more than 50 owners of taxable real estate in said DeKalb County, and that said petition complies in all respects with the requirements of the governing statute; now therefore,

BE IT RESOLVED by The DeKalb County Council and the DeKalb County Commissioners that said petition be approved and accepted, and that the Council and Commissioners proceed to take the necessary steps to authorize and issue the General Obligation Bonds required for the partial payment therewith in a sum not exceeding $9,000,000.00.

Mr. Winans, county attorney, presented to the Council and Commissioners a form of resolution for adoption for the purpose of authorizing the issuance of General Obligation Bonds.

After due consideration of the bond resolution, on motion duly made, seconded and unanimously carried, the same was adopted as follows:

BOND RESOLUTION

WHEREAS, DeKalb County is a municipal corporation and body politic organized and existing under the provisions of Indiana law, and

WHEREAS, the County Council and County Commissioners find that the present office facilities of the county government are not adequate; and

WHEREAS, a petition has been presented to the Council and Commissioners signed by more than fifty (50) owners of taxable real estate located in the county, requesting the Council and Commissioners to issue General Obligation Bonds of the county in an amount not exceeding One Million Dollars ($1,000,000.00), to be applied on the cost of improvements to the county office building, remodeling and renovation together with the incidental expenses connected therewith, which petition the Council and Commissioners have found to be drawn, signed authenticated, certified and presented in accordance with the provisions of I.C. 6-1.1-20; and

WHEREAS, the Council and Commissioners find that there are not sufficient funds available or provided for in existing tax levies with which to pay the total cost of said remodeling, and that the county should issue General Obligation Bonds in the amount of Nine Hundred Thousand Dollars ($900,000.00) for the purpose of providing funds to be applied on such project, and that bonds in such amount should now be authorized; now therefore,

BE IT RESOLVED by the DeKalb County Commissioners and the DeKalb County Council that, for the purpose of obtaining funds to be applied on the cost of improvements to the county office building at 215 E. 9th Street, Auburn Indiana together with the incidental expenses connected therewith, there shall be issued and sold the negotiable, general obligation bonds of the county to be designated as "DeKalb County Bonds of 1989". Said bonds shall be in the principal amount of Nine Hundred Thousand Dollars ($900,000.00), dated as of the first day of the month in which said bonds are sold, bearing interest at a rate or rates not exceeding ten percent (10%) per annum, (the exact rate or rates to be determined by bidding), which interest shall be payable on January 15, 1990 and July 15, 1990 and semi-annually thereafter on January 15 and July 15 in each year. The bonds shall be fully registered in the denominations of Five Thousand Dollars ($5,000.00) each, and shall mature serially in consecutive order on January 15 in the years and amounts as follows;

YEAR PAYMENT
1991 90,000
1992 90,000
1993 90,000
1994 90,000
1995 90,000
1996 90,000
1997 90,000
1998 90,000
1999 90,000
2000 90,000

The original issue date shall be the first day of the month in which said bonds are sold. The authentication certificate shall be dated when executed by the Registrar and Paying Agent.

Interest shall be calculated from the interest payment date next preceding the date of authentication to which interest has been paid unless the bond is authenticated on or before the first day of the month containing the first interest payment date, in which case interest shall be paid from the original issue date, or unless the bond is authenticated on or after the second day of the month containing an interest payment date, in which case interest shall be paid from such interest payment date.

Interest shall be payable by check or draft mailed one business day prior to the interest payment date or draft to the person in whose name the bonds are registered on the bond register maintained at the office of the paying agent and registrar, as of the first day of the month containing such interest payment date. Principal of the bonds shall be payable upon presentation of the bonds at the office of the paying agent and registrar, in lawful money of the United States of America. The bonds are transferable by the registered owner at the office of the paying agent and registrar, upon surrender and cancellation of a bond and on presentation of a duly executed written instrument of transfer, and thereupon a new bond or bonds of the same aggregate principal amount and maturity and in authorized denominations will be issued to the transferee or transferees in exchange therefor. The bonds may be exchanged upon surrender at the office of the paying agent and registrar, duly endorsed by the registered owner for the same aggregate principal amount of bonds of the same maturity in authorized denominations as the owner may request. The bonds shall not be redeemable prior to maturity.

Said bonds shall be executed in the name of DeKalb County by the manual of facsimile signature of the President of the DeKalb County Council, the President of the DeKalb County Commissioners and the DeKalb County Treasurer, and attested by the DeKalb County Auditor by the manual of facsimile of whose signature shall appear on the bonds shall cease to be such officer before the issuance, authentication or delivery of such bonds, such signature or such facsimile shall, nevertheless, be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery.

No bond shall be valid or obligatory for any purpose, unless and until authenticated by the Paying Agent and Registrar. Such authentication may be executed by an authorized representative of the Paying Agent and Registrar, but it shall not be necessary that the same person authenticate all of the bonds issued.

The registrar and paying agent shall be selected prior to issuance of the bonds and the president of the DeKalb County Commissioners is vested with the authority to execute a service agreement for these services.

The issuer and the paying agent registrar may deem and treat the person in whose name a bond is registered on the bond register as the absolute owner thereof for all purposes, notwithstanding any notice to the contrary. The bonds shall be issued in substantially the following form, all blanks to be filled in properly prior to delivery:

BE IT RESOLVED that as soon as can be done, notice shall be given to the .taxpayers of the DeKalb County of the filing of the petition requesting the issuance of bonds by publication of the determination of the DeKalb County Commissioners and DeKalb County Council to issue said bonds. Said notices shall be published in the Garrett Clipper and the Butler Bulletin, the same being the newspapers published in the school district and of general circulation in the county, and said notices shall also be posted in three (3) public places in the county in order to comply with the provisions of I.C. 6-1.1-20.

Prior to the sale of said bonds, notice of such sale shall be published once each week for two (2) weeks in the Garrett Clipper and the Butler Bulletin and one time in The Indianapolis Commercial, a daily newspaper published in the City of Indianapolis, Indiana, the first of said publications to be at least fifteen (15) days prior to the date fixed for the sale of said bonds and at least three (3) days prior. At the time fixed for the opening of bids, the DeKalb County Council and the DeKalb County Commissioners shall meet, all bids shall be opened in the presence of the Council and the Commissioners and the award shall be made by the DeKalb County Council and the DeKalb County Commissioners.

The bond sale notice, when published, shall provide that all bids shall be in sealed envelopes addressed to the DeKalb County Auditor shall be marked "Bid for DeKalb County Bonds of 1989," and each bid shall be accompanied by a certified of cashier's check in the amount of Nine Thousand Dollars ($9,000) payable to Treasurer of DeKalb County to insure the good faith of the bidder. In the event the successful bidder shall fail or refuse to accept delivery of the bonds when ready for delivery, said check and the proceeds thereof shall be retained by the county as its liquidated damages. Said notice shall also provide that bidders for said bonds shall name the purchase price for the bonds, not less than 100% of par and the rate or rates of interest which the bonds are to bear, not exceeding ten per cent (10%) per annum: that said interest rate or rates shall be in multiples of one-eighth (1/8) or one-twentieth (1/20) of one per cent (1%): that the interest rate named for any maturity shall be equal to or greater than the immediately preceding maturity; and that the highest bidder shall be the one who offers the lowest net interest cost to the county, to be determined by computing the total interest on all of the bonds to their maturities and deducting therefrom the premium bid, if any, or adding the discount bid, if any. The bond sale notice shall name qualified bond counsel and state that such counsel shall issue an opinion approving the legality of said bonds, which opinion will be furnished to the purchaser at the expense of the issuer. Said notice may contain such other terms and conditions as the attorney for the county shall deem advisable.

DeKalb County (Indiana) does designate the bonds in this issue qualified tax exempt obligations to qualify the bonds for the ten million dollar exception from the provisions of the tax reform act of 1986 relative to the disallowance of one hundred percent of the deductions for the interest expense allocable to tax exempt obligations acquired after August 7, 1986. DeKalb County, Indiana covenants not to take any action that would cause the bonds to be private activity bonds, private loan bonds or arbitrage bonds within the meaning of Section 141 through 150 of the Internal Revenue Code of 1986.

Said bonds shall not be advertised for sale, however, prior to the expiration of the period during which remonstrances or objecting petitions may be filed by taxpayers, or prior to the completion of the proceeding relative to the appropriation of the proceeds of said bonds. In the event a remonstrance against the issuance of said bonds, or any part thereof, shall be filed by owners of taxable real estate under the provisions of I.C. 6-1.1-20, then no further steps shall be taken towards the issuance of said bonds until such remonstrance shall have been presented to this Board, and this Board shall have determined the sufficiency of the remonstrance. In the event an objecting petition or petitions shall be filed by taxpayers acting under the provisions of I.C. 6-1.1-20, then no further steps toward the issuance of said bonds shall be taken unless and until the State Board of Tax Commissioners shall issue its order approving the issuance of said bonds.

-----------------------------------------

On motion duly made, seconded and unanimously carried, the following resolution was adopted:

RESOLVED by the County Council and County Commissioners of DeKalb that the matter of appropriating the proceeds of the bonds authorized at this meeting be taken up for consideration as soon as notice of the hearing on said appropriation can be given as provided by law, and that the County Auditor be and she hereby is directed to give notice of the public hearing to be held prior to the final action on such appropriation, which notice shall be published once in the Garrett Clipper and the Butler Bulletin: also, that said notice shall be posted in three (3) public places in the county, and that such publication and posting shall be made at least ten (10) days prior to the date set for such public hearing.

(Res 090589, passed September 5, 1989)

ARTICLE 3
DEPARTMENT OF BUILDINGS AND OFFICE
OF BUILDING COMMISSIONER ESTABLISHED

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BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, INDIANA:

Section 1.

Under the Provisions of Section 1, Chapter 348 of the Acts of the General Assembly of the State of Indiana for 1965 as amended by Section 1 by Public Law 236 of the Acts of the General Assembly of the State of Indiana for 1971, (I.C. 17-2-72-1) there is hereby established a Department of Buildings and the Office of Building Commissioner which shall be composed of the Building Commissioner, inspectors and such other personnel as the Board of Commissioners shall determine.

Section 2.

The purpose of this Ordinance is to provide for the safety, health, and public welfare through structural strength and stability, means of egress, adequate sanitation, plumbing, lighting and ventilation, and protection of life and property from fire and hazards incident to the design and construction of one-family and two-family buildings in DeKalb County, Indiana.

Section 3.

Construction and remodeling of one-family, two-family and accessory buildings or structures for the same, shall conform with this ordinance and such ordinances as may be hereafter adopted for such purposes by the Board of Commissioners of DeKalb County, Indiana.

Section 4.

The following rules, regulations, and codes, are hereby adopted by reference as the rules and regulations governing the construction of buildings and structures in DeKalb County, Indiana:

(a)   The Indiana Construction rules and regulations, 1973 Edition, or amended 1974, and promulgated by the Administrative Building Council of the State of Indiana and approved by the Governor and Attorney General December 30, 1974 for use and enforcement in DeKalb County, Indiana.
(b)   The One and Two Family Dwelling Code of Indiana, adopted by the Administrative Building Council of the State of Indiana, as amended.
(c)   The National Electrical Code, 1975 Edition, published by the National Fire Protection Association, 470 Atlantic Avenue, Boston, Massachusetts, 02210, as amended by the Administrative Building Council of the State of Indiana.
(d)   The Uniform Plumbing Code, 1973 Edition, published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, 90032, as amended by the Administrative Building Council of the State of Indiana.

Two copies of the foregoing rules and regulations are on file for reference in the office of the Building Commission of DeKalb County, Indiana in the DeKalb County Court House.

Section 5. The Building Commissioner shall have the power to administer and enforce any and all ordinances or codes adopted now or hereafter by the Board of Commissioners of the County of DeKalb, Indiana that regulate construction, repair, alteration or extension of building, heating, ventilation, air conditioning, electrical and plumbing construction.

Section 6. For the purpose of carrying out the provisions of this Ordinance the Board of Commissioners of the County of DeKalb, Indiana may employ such additional personnel in the Department as may be necessary.

Section 7. In the administration of the ordinance, and any other ordinances, incident thereto, the Department shall coordinate its activities with the County Area Plan Commission at all times in order to prevent unnecessary overlapping, duplication and waste in the administrative process.

Section 8. Prior to the construction of any one-family or two-family building or any part thereof, no extension, repair or alteration of any existing building, no plumbing, no electrical work, no heating work, no ventilation work nor air conditioning work having a contract price or estimated cost of more than Fifty Dollars ($50.00), shall be started until a statement in writing of the work proposed to be done shall first be submitted by the contractor or individual in charge of the work to and approved by the Building Commissioner and a permit issued by him for the proposed construction, alteration, repair or extension work. The Building Commissioner, before issuing a permit therefore may require the applicant to submit and file a set of detailed plans ,and specifications subject to the approval of the Building Commissioner, a copy of which may be retained in his office. No changes from such approved plans or specifications shall be made until a revised copy thereof has been submitted to and approved by the Building Commissioner. The Building Commissioner shall refuse to issue a permit in any case where the construction or work proposed is in violation of any statute of the State or any provisions of any ordinances of DeKalb County. No permit shall be required for any outside or inside painting where the building is not altered or extended.

Section 9. Nothing in this act shall be construed to apply to private home building by private individuals to be used or is being used for their own occupancy.

Section 10. (A)The fee for all permits shall be as follows:

$2.50 for work costing more than $100.00 and less than $2,000.00

$5.00 for work costing more than $2,000.00 and less than $6,000.00

$7.50 for work costing more than $6,000.00 and less than $10,000.00

For work costing $10,000.00 or more the fee shall be $1.00 for each $1,000.00 of cost of part thereof.

Section 11. All persons shall have the right to appeal the Building Code Inspector's decision, first through a body appointed by the DeKalb County Commissioners, being the DeKalb County Board of Appeals, and then through the executive committee of the Administrative Building Council of Indiana, in accordance with the provisions of IC 1971, 22-11-1-21.5.

Section 12. It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, other than fences, in DeKalb County, or cause or permit the same to be done, contrary to or in violation of the provisions of this Code.

Section 13. Whenever any work is being done in violation of the provisions of this ordinance, or in variance with the terms of any permit issued for such work, the Building Code Inspector may order all work on the job stopped until such violation or variance is eliminated and any work or installation made in violation of this ordinance corrected. Such stop order, if oral, shall be followed by a written stop order within twenty-four hours (excluding Saturday, Sunday or holidays). It shall be unlawful to do or perform any work in violation of such stop order, except as may be necessary to prevent injury or damage to persons or property. Such stop order may be revoked by the Building Code Inspector.

Section 14. Pursuant to I.C. 22-11-1-34, if any employer, owner or other person shall violate any of the provisions of this ordinance or the code adopted therein or any ordinances or codes adopted thereafter by the Commissioners of the County of DeKalb, Indiana, which are to be administered by the Building Department, or shall do any act prohibited therein or shall fail to perform any duty lawfully enjoined within the time prescribed by the Department of Buildings or shall fail, neglect or refuse to obey any lawful order made by the Building Commissioner or any judgment or decree made by any court in connection with the provisions of this Ordinance for each such violation, failure or refusal such owner, employer or other person upon conviction thereof shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). On and after the effective date of this ordinance, each day of such unlawful activity as is prohibited above shall constitute a separate offense. Nothing in this section shall be so construed to prevent the case of any remedy or penalty available under section R 106 of the One and Two-Family Dwelling Code, as promulgated by the Administrative Building Council of the State of Indiana and approved by the Governor and Attorney General March 30, 1972.

Section 15. Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reasons, the remainder of said Ordinances shall not be affected thereby.

Section 16. This Ordinance will be in full force and effect on the lst day of July, 1976, according to the laws of the State of Indiana. All former ordinances which conflict with this Ordinance are hereby repealed.

(Ord. 76-1, passed April 26, 1976)

Chapter 1
Building Construction, Alteration and Repair

32-3-1  

Building Construction, Alteration and Repair.  WHEREAS, the legislative authority of DeKalb County as designated in IC 36-2-3.5-3 and the executive body as designated by said statutory authority, in joint session having determined that they are responsible for, the orderly and proper administration of the regulation of the construction, alteration, repair, and demolition of buildings and structures in the rural area of DeKalb County; and

WHEREAS, the executive and legislative bodies of certain cities, towns and villages located within DeKalb County have given notice to the County executive and legislative bodies that they desire to submit the jurisdiction of such regulation and the enforcement thereof to one single joint building code, administered by one single building department to be designated as the DeKalb County Building Department; and

WHEREAS, this ordinance does incorporate by reference building rules, codes and standards required by the laws of the State of Indiana, and further provides for the issuance of permits, and further provides enforcement authority, as well as, penalties for violations;

NOW THEREFORE BE IT ORDAINED as follows:

Section 1. Title: This ordinance and all ordinances supplemental or amendatory hereto, shall be known as the "Building Code of DeKalb County, Indiana", and may be cited as such, and will be referred to herein as the "Code".

Section 2. Purpose: The purpose of this code is to provide minimum standards for the protection of public safety and the conservation of energy in the design and construction of buildings and structures.

Section 3. Authority:

a)   There is hereby created a separate department which shall be named the "DeKalb County Building Department", hereinafter called the "Department".
b)   There Is hereby created the position of department head which position shall be named the "DeKalb County Building Inspector" hereinafter called the "Building Inspector".
c)   The Building Inspector is hereby authorized and directed to administer and enforce all of the provisions of this Code, supervise the office staff provided for in the county budgeting procedure and provide the county executive an annual operating budget as prescribed by law for submission to the county fiscal body for the operation of the department.
d)   The county Building Inspector shall be selected, hired, retained and dismissed at the will of the county executive body.
e)   The county Building Inspector shall be provided with such office space as the county executive shall select and shall be provided with such supplies, expense monies, staff and equipment as shall be funded from time to time by appropriations by the county fiscal body upon budgets and requests properly submitted by the Building Inspector through and with the approval of the county executive.
f)   Any person or legal entity desiring to construct any new building or structure or alter, remove or demolish any existing building or structure shall first make application on form provided by the Building Inspector stating such information as the inspector shall deem necessary for the inspector to carry out the duties of the office and upon satisfaction of the Building Inspector that all of the proper legal authorities have approved the location and use proposed, and that the applicant has furnished sufficient evidence that the building or structure will be constructed, altered, or demolished In conformance with the requirements of this Code, the Building Inspector shall Issue a DeKalb County Building Department permit, which must be posted in plain view at the work site, which permit is subject to revocation at any time the permitted work is found to be not in compliance with this Code, and which permit refusal or revocation may be reviewed by the Building Inspector and reissued or reinstated upon such terms and conditions as he may find required by this Code and in the event of a refusal of the inspector to issue or reinstate a permit, the applicant may appeal to the Indiana Department of Fire and Building Services as provided for in 1. C. 22-13-2-7, for such relief as that agency deems to be legally proper and in conformance with the requirements of this Code. The Building Inspector shall not accept any application for building permit until the applicant furnishes the building inspector with an improvement location permit from the municipal authority. In those instances where a Design Release is required by I.C. 22-15-3-1 the building inspector shall issue no permit until the Design Release is issued.
g)   The county fiscal body shall provide the county building department with sufficient funds to meet the reasonable expense of legal counsel and representation of the department and the inspector.
h)   Permit fees shall be based upon a fee schedule adopted annually by the County Commissioners on or before the first Monday in December for the next calendar year, with approval of the County Council.
i)   Whenever it shall be necessary for any person, court or agency to construe this Code, such interpretation or construction of the Code shall be uniformly in conformance with the requirements and precedents of law and shall not be arbitrary or capricious.
j)   Any variance from adopted building rules is subject to approval under 1. C. 22-13-2-7 (B) of the Fire Prevention and Building Safety Commission.

Section 4. Other Ordinances: All work performed under the authority of a permit issued by the Building Inspector shall be performed in full compliance with all other city, town or county ordinances governing the site location.

Section 5. Inspections: The Building Inspector shall make or shall cause to be made, such inspections of the work being done when permits are issued or when work is being illegally performed without a permit as are necessary to insure full compliance with the provisions of this Code and the terms of the permit, and application for such permit shall be deemed to be blanket authority for the Building Inspector or his appointees to enter the site and make such inspection. When the Building Inspector deems it to be necessary to employ specialists to assist in inspections, funds being appropriated and available the Building Inspector may employ such specialists to accompany the inspector on such inspections and to make reports and give evidence as needed.

Section 6. Adoption of Building Codes, Rules and Standards by Reference:

All of the Building Codes, Health Codes, Fire Codes and Statutes of the State of Indiana concerning building safety, fire prevention and public health as adopted and currently effective by promulgated laws of the State of Indiana as they now exist or hereafter become effective or may hereafter be amended, modified or additionally made (Indiana Code) are hereby adopted, together with all rules and regulations of the Indiana Department of Fire and Building Services as set forth in the Indiana Administration Code (IAC) Title 675 are hereby adopted by this ordinance and ordered to be enforced by the authority herein created including the following: Articles of Title 675 of the Indiana Administrative Code Article 13 - Building Codes, (a) Fire a Building Safety Standards, (b) Indiana Building Code, (c) Indiana Building Code Standards, (d) Indiana Handicapped Accessibility Code; Article 14 - One and Two Family Dwelling Codes, (a) Council of American Building Officials One and Two Family Dwelling Code, (.b) CABO One and Two Family Dwelling Code; Amendments, (c) Standard for Permanent Installation of Manufactured Homes; Article 16 - Plumbing Codes, Indiana Plumbing Code; Article 17 - Electrical Codes (a) Indiana Electrical Code, (b) Safety Code for Health Care Facilities; Article 18 Mechanical Codes, Indiana Mechanical Code; Article 19 - Energy Conservation Codes, (a) Indiana Energy Conservation Code, (b) Modifications to the Model Energy Code; Article 20 - Swimming Pool Codes, Indiana Swimming Pool Code. Also all state and municipal ordinances of the communities joining in with the enforcement of this ordinance concerning demolition, condemnation and site restoration are hereby adopted and ordered to be enforced.

Section 7. Buildings and Structures. Buildings and structures as used herein shall include all construction of every nature and kind including but not limited to pre-manufactured structures, swimming pools, out buildings, residences, business buildings of every kind, manufacturing and non manufacturing buildings, stores, warehouses, storage facilities and any other building or structure included in the provisions of Indiana law or the rules and regulations of any state agency concerning health, safety, fire prevention or the installation of mechanical, electrical or plumbing fixture. Agricultural structures are hereby excluded from the provisions of this ordinance excepting farm residential structures which shall be included.

Industrialized building systems or mobile structures certified under 1. C. 22-15-4 are exempted from inspection by the DeKalb County Building Inspector, but the placement of such structure and issues of compliance with local laws remain under the local inspectors authority.

Construction as used herein shall include new building on previously unoccupied land, remodeling existing buildings or structures, adding to existing building or structure or the demolition thereof, but shall not include interior or exterior repair of existing facilities or any improvements when the useable square footage is not increased. Parking lots are excluded except as to location of entrances and exits and the requirements of the Indiana or DeKalb County Highway Department, and drainage requirements.

Section 8. Responsibility: Any owner of land where work is performed, lessee, sub lessee, occupant, or contractor therewith is jointly and severally responsible for compliance with this ordinance, and it shall be unlawful for any person or legal entity to violate any provision hereof. In the event that the inspector is refused entry to inspect he shall be authorized to obtain a court order authorizing entry.

The Building Inspector shall have the authority to issue a stop work order, on any project not being completed in strict conformance with any provision of this ordinance or any law, rule or regulation incorporated herein by reference, and failure to immediately abide by such order when posted at the site shall authorize the Building Inspector to sue in the name of the county and the department in any court of general jurisdiction for injunctive relief and to obtain such court orders as may be proper in the premises for the strict enforcement hereof, and upon proof of intentional continual violation of any provision of this ordinance or order of the Building Inspector shall upon finding of the court to be fact, shall empower the court in the court's discretion to impose a fine of $100 per day for each and every day that the violation has occurred or continues to occur after such finding which may be imposed jointly and or severally upon the owner of the land or structure or building which is the site of the unlawful activity or any tenant, lessee, sub lessee or contractor found to be knowingly guilty of such unlawful activity. Each day of violation shall be considered a separate offense.

At the conclusion of all work authorized by the permit the Building Inspector shall file a report of completion with the local plan commission having jurisdiction over the site and with the Township and County Assessors.

Section 9. Joinder of Communities: Any city, town or village in DeKalb County that by resolution or ordinance duly adopted elects to join in with DeKalb County, utilizing the DeKalb County Building Inspector to enforce this ordinance in that city, town or village in its complete form may do so upon the passage of such ordinance and the execution of a contract which shall be renewable or terminable annually on a calendar year basis, and the city, town or village shall be assessed annually for a proportionate cost of the operation of the DeKalb County Building Department which proportionate share shall be based upon that communities assessed valuation as it relates to the total population of the county and all other communities jointly participating. Each community shall be given full credit for that communities share of cost for the year of participation for any fees collected from applicants for work completed within the corporate town or village limits. Cost assessments shall be made at the end of the year of participation and paid to the county within 60 days of the receipt of notice from the county of the cost of the previous years participation.

Section 10. Effective Date: This ordinance shall be In full force and effect from and after its adoption, approval by the Indiana Department of Fire and Building Services and publication as required by law.

(Ord. 89-2, passed June 5, 1989)

Chapter 2
Fair Housing Ordinance

32-3-2  

Fair Housing Ordinance.  WHEREAS, in accordance with the Civil Rights, Act of 1968, as amended, the Housing and Community Development Act of 1974, as amended, and Indiana Code. 22-9.5-1, et. seq., the following provisions are necessary and appropriate to prevent discrimination in the area of housing because of race, color, religion, sex, handicap, familial status or national origin;

NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, AS FOLLOWS:

Section 1. POLICY STATEMENT:

It shall be the policy of the County of DeKalb to provide, within constitutional limitation, for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, the federal Housing and Community Development Act of 1974, as amended, and Indiana Code 22-9.5-1 et. seq.

Section 2. DEFINITIONS:

The definitions set forth in this section shall apply throughout this Ordinance:

(a) "Dwelling" means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure, or part of a building or structure that is occupied as, or designed or intended, for occupancy as a residence by one (1.) or more families (I.C. 22-9.5-2-8).

(b) "Family" includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in subsection (h) of this Section.

(c) "Person" (I.C. 22-9.5-2-11) includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trusts, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.

(d) "To rent" (I.C. 22-9.5-2-13) includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises owned by the occupant.

(e) "Discriminatory Housing Practice" means an act that is unlawful under Sections 4, 5, 6, 7 or 8 of this Ordinance or I.C. 22-9.5-5.

(f) "Handicap" means, with respect to a person:

(1) a physical or mental impairment which substantially limits one or more of such person's major life activities,

(2) a record of having such an impairment, or

(3) being regarded as having such an impairment,

(4) An impairment described or defined pursuant to the federal American Disabilities Act of 1990.

(5) Any other impairment defined under I.C. 22-9.5-2-10.

The term "handicap" shall not include current illegal use of or addiction to a controlled substance as defined in Section 802 of Title 21 of the United States Code (I.C. 22-9.5-2-10(b); nor does the term "handicap" include an individual solely because that individual is a transvestite (I.C. 22-9.5-2-10(c).

(g) "Aggrieved person" includes any person who (I.C. 22-9.5-2-2):

(1) claim to have been injured by a discriminatory housing practice; or

(2) believes that such person will be injured by a discriminatory housing practice that is about to occur.

(h) "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:

(1) a parent or another person having legal custody of such individual or the written permission of such parent or other person.

The protections afforded against discrimination on this basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(i) "Commission " (I.C. 22-9.5-2-3) means the Indiana Civil Rights Commission created pursuant to I.C. 22-9-1-4, et seq.

(j) "Complainant" (I.C. 22-9.5-2-4) means a person, including the Commission, who files a complaint under I.C. 22-9.5-6.

Section 3. UNLAWFUL PRACTICE:

Subject to the provisions of subsection (b) of this Section, Section 9 of this Ordinance and Title 22-9.5-3 of Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 of Indiana Code and in Section 4 of this Ordinance shall apply to:

(a) All dwelling except as exempted by subsection (b) and Title 22-9.5-3 of Indiana Code.

(b) Other than the provisions of subsection (c) of this Section, nothing in section 4 shall apply to :

(1) Any single-family house sold or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single-family house by a private individual owner not residing in the house at the time of sale or who was not the most recent resident of such house prior to the sale, the exemption shall apply only to one such sale within any twenty-four month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be excepted from application of this section only if such house is sold or rented:

(A) without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agency or salesman, or person and

(B) without the publication, posting or mailing, after notice of advertisement or written notice in violation of section 4(c) of this ordinance, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstracters, title companies and other such professional assistance as necessary to perfect or transfer this title, or

(2) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as his residence.

(c) For the purposes of subsection (b), a person shall be deemed to be in the business of selling or renting dwellings if:

(1) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

(2) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3) he is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.

Section 4. DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING:

As made applicable by section 3 and except as exempted by sections 3(b) and 9, it shall be unlawful:

(a) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status or national origin.

(b) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status or national origin.

(c) To make, print, or publish, or cause to be made, printed, or published any notice, statement or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status or national origin, or an. intention to make any such preference, limitation, or discrimination.

(d) To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(e) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or perspective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status or national origin.

(f)(1) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of--

(A) that buyer or renter;

(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(C) any person associated with that person.

(2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services facilities in connection with such dwelling, because of a handicap of:

(A) that person; or

(B) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available; or

(C) any person associated with that person.

(3) For purposes of this subsection, discrimination includes:

(A) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(B) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(C) in connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after September 13, 1988, a failure to design and construct those dwellings in such a manner that--

(i) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

(ii) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(iii) all premises within such dwellings contain the following features of adaptive design:

(I) an accessible route into and through the dwelling;

(II) light, switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(III) reinforcements in bathroom walls to allow later installation of grab bars; and

(IV) usable kitchens and bathrooms such that an individual in a wheelchair can maneuver about the space.

(4) Compliance with the appropriate requirements Americans With Disabilities Act of 1990 and of the American National Standard for buildings and facilities providing accessibility and usability for physically handicapped people (commonly cited as "ANSI A117.1") suffices to satisfy the requirements of paragraph (3)(C)(iii).

(5) Nothing in this subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals of whose tenancy would result in substantial physical damage to the property of others.

Section 5. DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS:

(a) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion sex, handicap, familial status, or national origin.

(b) As used in this section, the term "residential real estate-related transaction" means any of the following:

(1) The making or purchasing of loans or providing other financial assistance:

(A) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(B) secured by residential real estate.

(2) The selling, brokering, or appraising of residential real property.

(c) Nothing in this ordinance prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, handicap, or familial status.

Section 6. DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES:

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or to discriminate against him in the terms or conditions of such access, membership, or participation, on account of race, color, religion, sex, handicap, familial status or national origin.

Section 7. INTERFERENCE, COERCION, OR INTIMIDATION:

It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of, or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by sections 3, 4, 5, or 6 of this ordinance.

Section 8. PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES:

Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

(a) any person because of his race, color, religion, sex, handicap familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

(b) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:

(1) participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection 15(a); or

(2) affording another person or class of persons opportunity or protection so to participate; or

(c) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in subsection (a), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned for not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

Section 9. EXEMPTIONS:

(a) Exemptions defined or set forth under Title 22-9.5- 3 et. seq. of Indiana Code shall be exempt from the provisions of this Ordinance to include those activities or organizations set forth under subsections (b) and (c) of this Section.

(b) Nothing in this ordinance shall prohibit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this ordinance prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(c)(1) Nothing in this ordinance regarding familial status shall apply with respect to housing for older persons.

(2) As used in this section, "housing for older persons" means housing:

(A) provided under any state of federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

(B) intended for, and solely occupied by, persons 62 years of age or older; or

(C) intended and operated for occupancy by at least one person 55 years of age or older per unit.

Section 10. ADMINISTRATIVE ENFORCEMENT OF ORDINANCE:

(a) The authority and responsibility for properly administering this Ordinance and referral of complaints hereunder to the Commission as set forth in, subsection (b) hereof shall be vested in the Chief Executive Officer of the County of DeKalb, Indiana.

(b) Notwithstanding the provisions of I.C. 22-9.5-4-8, the County of DeKalb, Indiana, because of a lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance by Complainants to the Indiana Civil Rights Commission ("Commission") for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Chief Elected Officer of the County of DeKalb, Indiana, shall refer all said complaints to the Commission as provided for under subsection (a) of this Section to said Commission for the purposes of investigation, resolution and appropriate relief as provided for under Title 22-9.5-6 of Indiana Code.

(c) All executive departments and agencies of the County of DeKalb Indiana, shall administer their departments, programs and activities relating to housing and urban development in a manner affirmatively to further the purposes of this Ordinance and shall cooperate with the Chief Executive Officer and the Commission to further such purposes.

(d) The Chief Executive Officer of the County of DeKalb Indiana, or the Chief Executive Officer's designee, shall provide information on remedies available to any aggrieved person or complainant requesting such information.

Section 12. SEPARABILITY OF PROVISIONS.

If any provision of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons not similarly situated or to other circumstances shall not be affected thereby.

(Ord.93-3, passed August 9, 1993)

32-3-2-1  

Fair Housing Regulations. WHEREAS, in accordance with the Civil Rights Act of 1968, as amended, the fair Housing and Community Development Act of 1974, as amended and Indiana Code 22-9.5-1, et seq., the following provisions are necessary and appropriate to prevent discrimination in the area of housing because of race, color, religion, sex, handicap, familial status or national origin;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, INDIANA, AS FOLLOWS:

SECTION 1. POLICY STATEMENT:

It shall be the policy of the County Commissioners of DeKalb County to provide, within constitutional limits for fair housing throughout its corporate limits as provided for under the federal Civil Rights Act of 1968, as amended, and Indiana Code 22-9.5-1 et. seq.

SECTION 2. DEFINITIONS:

The definitions set forth in this Section shall apply throughout this Ordinance:

(2.1) "Dwelling" means any building, structure, or part of a building or structure that is occupied as, or designed or intended for occupancy as, a residence by one (1) or more families; or any vacant land which is offered for sale or lease for the construction or location of a building, structure of part of a building or structure that is occupied as, or designed or intended for occupancy as a residence by one (1) or more families (I.C. 22-9.5-2-8).

(2.2) "Family" includes a single individual (I.C. 22-9.5-2-9), with the status of such family being further defined in Subsection (2.9) of this Section.

(2.3) "Person" (I.C. 22-9.5-2-11) includes one (1) or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint-stock companies, trust, non-incorporated organizations, trustees, trustees in cases under Title 11 of the United States Code, receivers, and fiduciaries.

(2.4) "To rent" (I.C. 22-9.5-2-13) includes to lease, to sublease, to let and otherwise to grant for a consideration the right to occupy the premises owned by the occupant.

(2.5) "Discriminatory Housing Practice" means an act that is unlawful under Sections 4, 5, 6, 7 or 8 of this Ordinance or under I.C. 22-9.5-5.

(2.6) "Handicap" means, with respect to a person:

(2.61) a physical or mental impairment which substantially limits one or more of such persons major life activities,

(2.62) a record of having such an impairment, or

(2.63) being regarded as having such an impairment,

(2.64) An impairment described or defined pursuant to the federal Americans with Disabilities Act of 1990,

(2.65) Any other impairment defined under I.C. 22-9.5-2-10.

The term "handicap" shall not include current illegal use of or addiction to a controlled substance as defined in Section 802 or title 21 of the United States Code [I.C. 22-9.5-2-10(b)]; nor does the term handicap" include an individual solely because that individual is a transvestite [I.C. 22-9.5-2-10(c)].

(2.7) "Aggrieved person" includes any person who (I.C. 22-9.5-2-2):

(2.71) claims to have been injured by a discriminatory housing practice;

(2.72) believes that such person will be injured by a discriminatory housing practice that is about to occur.

(2.8) Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:

(2.81) a parent or another person having legal custody of such individual or the written permission of such parent or other person.

The protection afforded against discrimination on this basis of familial status shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.

(2.9) "Commission" (I.C. 22-9.5-2-3) means the Indiana Civil Rights Commission created pursuant to I.C. 22-9.5-2-4, et seq.

(2.10) "Complainant" (I.C. 22-9.5-2-4) means a person including the Commission, who files a complaint under I.C. 22-9.5-6.

SECTION 3. UNLAWFUL PRACTICE:

Subject to the provisions of Subsection (3.2) of this Section, Section 9 of this Ordinance and Title 22-9.5-3 of the Indiana Code, the prohibitions against discrimination in the sale or rental of housing set forth Title 22-9.5-5-1 et seq. of Indiana Code and in Section 4 of this Ordinance shall apply to:

(3.1) All dwellings except as exempted by Subsection (3.2) and Title 22-9.5-3 of Indiana Code.

(3.2) Other than the provisions of Subsection (3.3) of this Section, nothing in Section 4 shall apply to:

(3.21) Any single-family house or rented by an owner where the private individual owner does not own more than three such single-family houses at any one time; provided that in the sale of such single-family house by a private individual owner not residing in the house at the time of sale or who was not the most recent resident of such house prior to the sale, the exemption shall apply only to one such sale within any twenty-four month period. The private individual owner may not own any interest in, nor have owned or reserved on his behalf, title to or any right to all or a portion of the proceeds from the sale or rental of more than three such single-family houses at any one time. The sale or rental of any such single-family house shall be excepted from application of this Section only if such house is sold or rented:

(3.211) without the use in any manner of the sales or rental facilities or services of any real estate broker, agent or salesman, or any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, or salesman, or person, and

(3.212) without the publication, posting or mailing, after notice of advertisement or written notice in violation of Section 4.3 of this ordinance, but nothing in this proviso shall prohibit the use of attorneys, escrow agents, abstractors, title companies and other such professional assistance as necessary to perfect or transfer this title, or

(3.22) rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as the owner's residence.

(3.3) For the purposes of Subsection (3.2), a person shall be deemed to be in the business of selling or renting dwellings if:

(3.31) he has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3.32) he has, within the preceding twelve months, participated as agent, other than in the sale of his own personal residence, in providing sales or rental facilities or services in two or more transactions involving the sale or rental of any dwelling or any interest therein, or

(3.33) he, is the owner of any dwelling unit designed or intended for occupancy by, or occupied by, five or more families.

SECTION 4. DISCRIMINATION IN THE SALE OR RENTAL OR HOUSING:

As made applicable by Section 3 and except as exempted by Sections (3.2) and 9 it shall be unlawful:

(4.1) To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin.

(4.2) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, familial status, or national origin.

(4.3) To make, print, or publish, or cause to be made, printed, or published any notice statement or advertisement, with respect to the sale or rental of dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status or national origin, or intention to make any such preference, limitation, or discrimination.

(4.4) To represent to any person because of race, color, religion, sex, handicap, familial status or national origin that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

(4.5) For profit, to induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, handicap, familial status, or national origin.

(4.61) To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a handicap of:

(4.611) that buyer or renter:

(4.612) a person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

(4.613) any person associated with that person

(4.62) To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provisions of services or facilities because of a handicap of:

(4.621) that person: or

(4.622) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available: or

(4.623) any person associated with that person

(4.63) For purposes of this Subsection only, discrimination includes:

(4.631) a refusal to permit, at the expense of the person with the handicapped person, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises except that, in the case of a rental, the landlord may where it is reasonable to do so condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(4.632) a refusal to make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(4.633) in connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is 30 months after March 13, 1991, a failure to design and construct those dwellings in such a manner that:

(4.6331) the public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons;

(4.6332) all doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(4.6333) all premises within such dwellings contain the following features of adaptive design:

(4.63331) an accessible route into and through the dwelling;

(4.63332) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(4.63333) reinforcements in bathroom walls to allow later installation of grab bars; and

(4.63334) usable kitchens and bathrooms so that an individual in a wheelchair can maneuver about the space.

(4.7) Compliance with the rules of fire prevention and building safety commission that incorporate by reference the appropriate requirements of the American National Standard for buildings facilities providing accessibility and usability for physically handicapped people (commonly cited as ANSI ALL 7.1") suffices to satisfy the requirements of Subsection 4.633.

(4.8) Nothing in this Subsection requires that a dwelling be made available to an individual whose tenancy would constitute a direct threat to the health or physical damage to the property of others.

SECTION 5. DISCRIMINATION IN RESIDENTIAL REAL ESTATE-RELATED TRANSACTIONS:

(5.1) It shall be unlawful for any person or other entity whose business includes engaging in residential real estate related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race, color, religion, sex, handicap, familial status, or national origin.

(5.2) As used in this Section, the term "residential related transaction" means any of the following:

(5.21) the making or purchasing of loans or providing other financial assistance:

(5.211) for purchasing, constructing, improving, repairing, or maintaining a dwelling; or

(5.212) for serving residential real estate.

(5.22) the selling, brokering, or appraising of residential real property.

(5.3) Nothing in this ordinance prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, color, religion, national origin, sex, disability, or familial status.

SECTION 6. DISCRIMINATION IN THE PROVISION OF BROKERAGE SERVICES:

It shall be unlawful to deny any person access to or membership or participation in any multiple-listing service, real estate broker's organization or other service, organization, or facility relating to the business of selling or renting dwellings or to discriminate against a person in the terms or conditions of access, membership, or participation on account of race, color, religion, sex, handicap, familial status or national origin.

SECTION 7. INTERFERENCE, COERCION, OR INTIMIDATION:

It shall be unlawful to coerce, intimidate, threaten, or interfere with any other person in the exercise or enjoyment of, or on; account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by Sections 3, 4, 5, or 6 of this ordinance.

SECTION 8. PREVENTION OF INTIMIDATION IN FAIR HOUSING CASES:

Whoever, whether or not acting under color of law, by force or threat of force willfully injures, intimidates or interferes with, or attempts to injure, intimidate or interfere with:

(8.1) any person because of race, color, religion, sex, handicap, familial status, or national origin and because he is or has been selling, purchasing, renting, financing, occupying, or contracting or negotiating for the sale, purchase, rental, financing or occupation of any dwelling, or applying for or participating in any service, organization, or facility relating to the business of selling or renting dwellings; or

(8.2) any person because he is or has been, or in order to intimidate such person or any other person or any class of persons from:

(8.21) participating, without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, service, organizations, or facilities described in Subsection 15.2;

(8.22) affording another person or class of persons opportunity or protection to participate; or

(8.3) any citizen because he is or has been, or in order to discourage such citizen or any other citizen from lawfully aiding or encouraging other persons to participate without discrimination on account of race, color, religion, sex, handicap, familial status, or national origin, in any of the activities, services, organizations or facilities described in Subsection (8.1), or participating lawfully in speech or peaceful assembly opposing any denial of the opportunity to participate shall be fined not more than $1,000, or imprisoned not more than one year, or both; and if bodily injury results shall be fined not more than $10,000, or imprisoned for not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

SECTION 9. EXEMPTIONS:

(9.1) Exemptions defined or set forth under Title 22-9.5-3 et-seq. Of Indiana Code shall be exempt from the provisions of this Ordinance to include those activities or organizations set forth under Subsections (9.2) and (9.3) of this Section.

(9.2) Nothing in this ordinance shall prohibit organizations, associations, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to persons, unless membership in such religion is restricted on account of race, color or national origin. Nor shall anything in this ordinance prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(9.31) Nothing in this ordinance regarding familial status shall apply with respect to housing for older persons.

(9.32) As used in this Section, "housing for older persons" means housing:

(9.321) provided under any state or federal program that the Secretary of the Federal Department of Housing and Urban Development or the state civil rights commission determines is specifically designed and operated to assist elderly persons (as defined in the state or federal program); or

(9.322) intended for, and solely occupied by persons 62 years of age or older; or

(9.323) intended and operated for occupancy by at least one person 55 years of age or older per unit.

SECTION 10.ADMINISTRATIVE ENFORCEMENT OR ORDINANCE:

(10.1) The authority and responsibility for elderly administering this Ordinance and referral of complaints hereunder to the Commission as set forth in Subsection (10.2) hereof shall be vested in the Enforcement Officer of the County Commissioners of DeKalb County, Indiana, who shall be the County Building Inspector.

(10.2) Notwithstanding the provisions of I.C. 22-99.5-4-8, the county Commissioners of DeKalb County, Indiana, because of lack of financial and other resources necessary to fully administer enforcement proceedings and possible civil actions under this Ordinance, herein elects to refer all formal complaints of violation of the articles of this Ordinance to the Indiana Civil Rights Commission ("Commission") for administrative enforcement actions pursuant to Title 22-9.5-6 of Indiana Code and the Enforcement Officer of the County Commissioners of DeKalb County, Indiana, shall refer all such complaints to the Commission for purposes of investigation, resolution and appropriate relief as provided by under Title 22-9.5-6 of the Indiana Code.

(10.3) All executive departments and agencies of the County of DeKalb, State of Indiana, shall administer their departments, programs and activities to further the purposes of this Ordinance and shall cooperate with the Enforcement Officer of the County Commissioners of DeKalb County, Indiana, to further such purposes.

SECTION 11.SEPARABILITY OF PROVISIONS:

If any provisions of this Ordinance or the application thereof to any person or circumstances shall be determined to be invalid, the remainder of the Ordinance and the application of its provisions to other persons 7not similarly situated or to other circumstances shall not be affected thereby.

(Ord. 96-9, passed December 16, 1996)

ARTICLE 4
REGULATIONS OF USE

Chapter 1
Skateboard on County Property

32-4-1  

Skateboard on County Property.  WHEREAS, the DeKalb County Commissioners are advised that the use of skateboards on county owned walkways and in garden areas causes damage costly to repair;

NOW THEREFORE, BE IT ORDAINED THAT, the use of skateboards over and along any properties of DeKalb County, the municipal government, is hereby prohibited and all state, city and county police officers having jurisdiction in the area where such county property is located shall have the absolute authority to confiscate any skateboard used in violation of this ordinance and deliver same to the DeKalb County Sheriff and upon the first offense the Sheriff may return the skateboard to the parents or legal guardian of such offender who is under the age of eighteen years in the event that a parent or guardian personally appears before the Sheriff and requests the return of said skateboard within ten (10) days after notice is mailed to the parent or guardian by the Sheriff that their son, daughter or ward has violated this ordinance. If such request is not made the skateboard shall be destroyed.

On the second or subsequent offense by the same person the Sheriff shall confiscate the skateboard and destroy forthwith.

Any person over the age of eighteen years found to be acting in violation of this ordinance shall be charged with the commission of an infraction and if found guilty then to be punished as provided by law.

All persons causing damages to public property as the result of skateboard use in violation of this ordinance shall be liable therefore and parents and guardians of juvenile offenders shall be liable for damages cause by the juvenile in I.C. 34-4-31-1.

(Ord. 90-3, passed April 30, 1990)

Chapter 2
Public Displays

32-4-2  

Public Displays.

32-4-2-1  

Court House Lawn Displays Rules.  WHEREAS, several requests have been made for a limited time/space/manner public display on the Courthouse lawn of the DeKalb County Courthouse at Auburn, DeKalb County, Indiana;

WHEREAS, after consideration of the factors regarding the aesthetics, safety, environmental and sanitation of the Courthouse property for public use and that the proposed displays do not interfere with any other use of courthouse property, DeKalb County Courthouse, DeKalb County, Indiana;

WHEREAS, the DeKalb County Commissioners have considered findings of law and fact;

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE DEKALB COUNTY COMMISSIONERS OF DEKALB COUNTY, INDIANA:

(1)   The DeKalb County Commissioners hereby approve the Findings of Law and Fact attached hereto and made a part hereof by reference; and
(2)   The DeKalb County Commissioners approve the proposed limited time/space/ manner public displays on the specific area of the Courthouse property set aside for periodic public displays for the DeKalb County Chapter of the American Knights as requested by the Ku Klux Klan, the DeKalb County Chapter of the American Cancer Society, the Downtown Merchants Association of the City of Auburn, Indiana, and the DeKalb County Citizens for Equal Justice, in accordance with the Findings of Law and Fact that have been approved to provide equal treatment to any group requesting a display as detailed in the approved Findings.

(Res. 96-16, passed December 2, 1996)

32-4-2-2  

Court House Lawn Displays Requirements.  WHEREAS, the 1997 DeKalb County Commissioners have reviewed the displays on the fifty feet of the nonpublic DeKalb County Courthouse lawn, Auburn, Indiana,

WHEREAS, after due consideration of the law and prior findings of fact the 1997 DeKalb County Commissioners conclude that the aesthetical, environmental and economical criteria as applied to the 1996 DeKalb County Courthouse lawn displays result in the wisest decision to not allow any displays on the Courthouse lawn and to allow an alternative site on property used by DeKalb County for displays,

WHEREAS, an alternative site of property used by DeKalb county is available containing about six feet wide grass area of nonpublic property along Union Street between 10th and 11th Streets, Auburn, Indiana, east of the DeKalb County Office Building parking lot, in DeKalb county, Indiana,

NOW THEREFORE, the 1997 DeKalb County Commissioners reaffirms that the DeKalb County Courthouse lawn at Auburn, Indiana is nonpublic property, and, based upon aesthetical, environmental and economical criteria, no nongovernmental display shall be allowed on the DeKalb County Courthouse lawn;

and the 1997 DeKalb County Commissioners find and declare that, pursuant to findings of law and fact attached hereto and made a part hereof, an alternative site for displays under restriction detailed shall be allowed at property used by DeKalb County containing about six feet wide grass area of nonpublic property along Union Street between 10th and 11th Streets, Auburn, Indiana, east of the DeKalb County Office Building parking lot, in DeKalb County, Indiana;

and further find that the 1997 joint request for a nativity scene display by the County Line Church of God and the Evangelical St. Andrews Presbyterian Church is allowed at the nonpublic alternative site along Union Street between 10th and 11th Streets in Auburn, Indiana, at such time as the joint applicant determines consistent with the 1997 restrictions for displays.

(Res. 97-1, passed January 13, 1997)

Chapter 3
Defacing and Loitering About
the DeKalb County Court House

32-4-3  

Defacing and Loitering About the DeKalb County Court House.  WHEREAS, the County Commissioners of DeKalb County have investigated recent incidents involving the defacement of the DeKalb County Courthouse and loitering about the vestibules or steps to the entrances thereto.

NOW THEREFORE, BE IT ORDAINED BY THE COUNTY COMMISSIONERS OF THE COUNTY OF DEKALB, STATE OF INDIANA:

Section 1: No person shall willfully or maliciously deface or cause any damage to the structure known as the DeKalb County Courthouse located in Auburn, Indiana.

Section 2: No person shall willfully loiter or congregate upon or within the vestibule to any entrance to the DeKalb County Courthouse located in Auburn, Indiana.

Section 3:

(a) Enforcement of this Ordinance shall be by any officer of the DeKalb County Sheriff''s Department, DeKalb County, Indiana.

(b) It shall be the duty of the DeKalb County Prosecutor, to whom any of the above mentioned law enforcement officers shall report any violation of this Ordinance, to cause proceedings to be commenced against the person violating the provisions of this Ordinance and to prosecute to final termination.

Section 4:

(a) It is a Class B Misdemeanor for any person to violate the provision of this Ordinance as they may relate to defacement of the DeKalb County Courthouse, and, on conviction, the violator shall be imprisoned for a term of not more than one hundred eighty (180) days, and in addition thereto, he may be fined not more than one thousand dollars.

(b) It is a Class C Infraction for any person to violate the provisions of this Ordinance as they concern loitering or congregating upon or within the vestibule or any entrance of the DeKalb County Courthouse, and, on conviction, the violator shall be fined not more than five hundred dollars.

Section 5: All Ordinances and parts of Ordinances in conflict with this Ordinance are hereby repealed, and this Ordinance shall be in full force and effect immediately upon its adoption and its publication as provided by law.

Section 6: Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional, or invalid for any reason, the remainder of said Ordinance shall not be affected thereby.

(Ord. 78-1, passed June 12, 1978)

ARTICLE 5
CONSENT TO PROPERTY BEING LISTED
ON THE NATIONAL REGISTER OF HISTORIC PLACES

32-5  

WHEREAS, the Spencerville Covered Bridge located at the inter-section of the St. Joe River and DeKalb County Road #68 approximately one-half mile east of the Town of Spencerville, DeKalb County, Indiana, is owned by the County of DeKalb, Indiana;

WHEREAS, care, custody and control of all property belonging to the County of DeKalb, including said Spencerville Covered Bridge, is vested in the Board of County Commissioners of the County of DeKalb according to Indiana law;

WHEREAS, it is believed that said Spencerville Covered Bridge is eligible for listing on the National Register of Historic Places;

WHEREAS, the Board of County Commissioners for and on behalf of the County of DeKalb, Indiana, consent to the listing of said Spencerville Covered Bridge on the National register of Historic Places and authorize John Martin Smith to prepare and file on behalf of the County of DeKalb any and all applications and other documents necessary to secure the listing of said Spencerville Covered Bridge on the National Register of Historic Places.

THEREFORE, BE IT RESOLVED: That the County Commissioners of the County of DeKalb consent to the listing of said Spencerville Covered Bridge located at the intersection of the St. Joe River and DeKalb County Road #68 approximately one-half mile east of the Town of Spencerville, DeKalb County, Indiana, on the National Register of Historic Places and authorizes John Martin Smith to prepare and file on behalf of the County of DeKalb any and all applications and other documents necessary to secure the listing of said Spencerville Covered Bridge on the National Register of Historic Places.

(Res. 080679, August 6, 1979)

ARTICLE 6
AMERICANS WITH DISABILITIES ACT

32-6  

WHEREAS, the United States Congress has enacted the American With Disabilities Act of 1990, 42 USC 12101 (ADA), making provisions of law prohibiting acts of discrimination against handicapped persons;

NOW THEREFORE BE IT RESOLVED, that the municipal corporation of DeKalb County now pledges complete cooperation and conformance with all provisions of the American With Disabilities Act and all rules and regulations duly promulgated to enforce said act.

BE IT FURTHER RESOLVED, that the DeKalb County Commissioners shall employ such specialists, consultants, engineers and advisors as may be necessary to meet the requirements of the law after application of appropriation of funds to complete that purpose. The county will complete the self evaluation prior to January 26, 1993. The president of the county commissioners and the president of the county council are hereby designated as the ADA coordinators.

The county Attorney is hereby directed to formulate grievance procedures for adoption by the DeKalb County Commissioners within ninety (90) days which shall be in conformance with Regulations CFR Part 35, promulgated by the Department of Justice of the United States of America (the regulations).

No qualified person with a disability as same is defined in ADA and the regulation shall on the basis of that disability be excluded from or denied the benefits of the services, programs, activities or assistance of this municipal entity and this municipal entity shall henceforth require all public contractors doing business with this municipal entity to furnish affidavits with all public contracts certifying compliance with these non-discrimination requirements.

All construction commenced after January 26, 1993 by this municipal entity shall be in conformance with the ADA and the regulations.

All communications between this public entity and all disabled persons shall be as effective as communications with non disabled persons.

This resolution shall be spread of record in the minutes of the DeKalb County Commissioners and distributed to every office holder and department head for publication by posting in a prominent place where same can be observed by all persons employed or using the services of that department.

Any and all comments about this resolution should be submitted in writing to the president of the DeKalb County Commissioners, who is hereby designated as the intake person for such comments and complaints made about the ADA enforcement or noncompliance within the governmental operations of this municipal entity.

All elected officials and department heads are urged to cooperate in this federally mandated effort.

This municipal entity pledges to proceed with the removal of all physical barriers in all structures under the control of this public entity providing a reasonable accommodation to all persons within the time frame provided by the ADA and enforcement regulations.

(Res. 070792, passed July 7, 1992)