ORDINANCE 2016-01 AN ORDINANCE OF THE BOARD OF COMMISSIONERS OF BOONE COUNTY PROHIBITING THE MOVING, CHANGING OF ALTERING OF CORNER MONUMENTS WHEREAS, Boone County, Indiana ("Boone County"), may, pursuant to Indiana law [I.C. 36-1-3 (Home Rule)], enact ordinances for effective governance unless otherwise prohibited; and WHEREAS, Indiana law requires that the county surveyor keep and maintain a comer record book and perpetuate the comer records and monuments as provided for under I.C. 36-2-12-11; and WHEREAS, I.C. 36-2-12-13(b) states that only a county surveyor, or his designee, may change the location of a comer monument; and WHEREAS, I.C. 36-2-12-13(d) provides that the county legislative body may adopt an ordinance prohibiting a person from moving, changing or otherwise altering a monument marking a comer without the approval of the county surveyor and compliance with Indiana law, and such ordinance may prescribe a monetary penalty for a violation thereof; and WHEREAS, the Board of Commissioners of Boone County ("Commissioners"), the legislative body for Boone County, upon the recommendation of the Boone County Surveyor and his designee ("Surveyor"), desire to adopt an ordinance pursuant to the aforementioned statute; and WHEREAS, based upon the evidence presented by the Surveyor, The Commissioners hereby find that a penalty of Five Hundred Dollars ($500) is reasonable and appropriate to adequately compensate the County for a violation of this Ordinance. Said penalty shall be in addition to any damages assessed for the actual cost to the County of repairing or replacing the monument [I.C. 36-2-12-13(e), (f)]. Any penalty collected pursuant to this Ordinance shall be deposited in the Surveyor's Comer Perpetuation Fund. NOW, THEREFORE, IT [S ADOPTED AND ORDAINED by the Board of Commissioners of Boone County, State of Indiana, that any and all persons are prohibited from moving, changing or otherwise altering a monument marking a comer without the approval of the Boone County Surveyor and compliance with Indiana law. Any person who violates this Ordinance shall be responsible for compensating the County for the actual costs for repairing or replacing the monument and shall be fined in an amount not to exceed Five Hundred Dollars ($500). Any penalty collected shall be deposited in the Boone County Surveyor's Corner Perpetuation Fund. This Ordinance shall be effective in accordance with Indiana law. If any portion of this Ordinance is subsequently deemed void by a court of competent jurisdiction, that portion shall be excised and the remaining provisions of the Ordinance shall continue in full force and effect. PASSED AND ADOPTED BY THE BOARD OF BOONE COUNTY COMMISSIONERS THIS 4th DAY OF APRIL, 2016. BOARD OF COUNTY COMMISSIONERS OF BOONE COUNTY Jeff Wolfe, President Donald Lawson Marc Applegate ATTEST: Deanna Willhoite Boone County Auditor Prepared by Attorney Bob Clutter TLR-178 04/13 #1176065 hspaxlp
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