Sec. 26. (a) After the introduction of the ordinance establishing fees under section 25 of this chapter, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which users of the sewage works, owners of property served or to be served by the works, and other interested persons may […]
Sec. 26.1. (a) Owners of property connected or to be connected to and served by the sewage works authorized under this chapter may file a written petition objecting to the rates and charges of the sewage works so long as: (1) the petition contains the names and addresses of the petitioners; (2) the petitioners attended […]
Sec. 27. After a contract for the construction of sewage works has been let and actual work has commenced, the municipality may bill and collect fees for the services to be rendered, in an amount sufficient to pay: (1) the interest on the revenue bonds; and (2) other expenses payable before the completion of the […]
Sec. 28. (a) The legislative body of a municipality that operates sewage works under this chapter may, by ordinance, require the owners, lessees, or users of property served by the works to pay a deposit to ensure payment of sewer fees. (b) The deposit required may not exceed the estimated average payment due from the […]
Sec. 28.5. (a) This section does not apply to a deposit made under section 28 of this chapter. (b) IC 32-34-1.5 does not apply to an overpayment described in subsection (d). (c) As used in this section, “payor” refers to the owner, lessee, or user of property served by the sewage works who has paid […]
Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of […]
Sec. 3. The construction, acquisition, improvement, operation, and maintenance of sewage works under this chapter shall be supervised and controlled by the municipal works board. However, the municipal legislative body may, by ordinance, transfer the powers and duties of the works board under this chapter to: (1) a sanitary board established under section 4 of […]
Sec. 30. (a) Subject to subsection (b) and section 30.1 of this chapter, a municipality that operates sewage works under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) may require: (1) connection to its sewer system of any property producing sewage or similar waste; and (2) discontinuance of the […]
Sec. 30.1. (a) As used in this section, “constructed wetland septic system” means a residential sewage disposal system that includes: (1) a septic tank or other type of primary wastewater treatment system; and (2) a constructed wetland cell in which: (A) effluent flows on top of soil or through a porous medium such as pea […]
Sec. 31. If fees assessed against real property under this chapter or any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of ten percent (10%) of the amount of the fees attaches to the delinquent fees. The […]
Sec. 32. (a) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, fees assessed against real property under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) constitute a lien against the property assessed. The lien is superior to all other liens […]
Sec. 33. (a) Subsections (c) through (l) do not apply to unpaid fees and penalties assessed against property occupied by someone other than the property owner if: (1) the municipal legislative body has adopted an ordinance provision described in section 25(f) of this chapter concerning property occupied by someone other than the property owner; (2) […]
Sec. 34. (a) A municipality or board may foreclose a lien established by this chapter in order to collect fees and penalties. The municipality or board shall recover the amount of the fees and penalties, and a reasonable attorney’s fee. The court shall order the sale to be made without relief from valuation or appraisement […]
Sec. 35. No proceedings other than those prescribed by this chapter are required for: (1) the construction or acquisition of sewage works; (2) the issuance or sale of bonds; or (3) the establishment of fees; under this chapter. However, the functions, powers, and duties of the department of environmental management, the environmental rules board, and […]
Sec. 36. (a) Except as provided in subsections (b) and (c), a municipality may exercise powers granted by this chapter in areas within ten (10) miles outside its corporate boundaries. (b) The mileage limitation in subsection (a) does not apply to the provision of sewage treatment service for an entity that is described in section […]
Sec. 37. (a) As used in this section: (1) “service” means: (A) imposing fees; and (B) otherwise exercising powers; to provide storm water management services; and (2) “storm water board” refers to a board defined in IC 8-1.5-5-2. (b) This section applies only if actions of: (1) a board under section 36 of this chapter; […]
Sec. 4. (a) A sanitary board established under this chapter consists of: (1) the municipal executive; and (2) two (2) persons appointed by the municipal legislative body, one (1) of whom must be a registered professional engineer. The legislative body may not appoint any paid or unpaid municipal officer or employee to the board. (b) […]
Sec. 5. As used in sections 6 through 37 of this chapter, “board” means: (1) the municipal works board; or (2) if the municipality has transferred the powers and duties of the works board under section 3 of this chapter, the: (A) sanitary board; or (B) utility service board; to which those powers have been […]
Sec. 6. (a) The board may enter into all contracts or agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter. However, the board may not obligate itself or the municipality beyond the extent to which money has been or may be provided under this chapter. […]
Sec. 7. After the completion or acquisition of the sewage works, the board shall operate, manage, and control the works and may order and complete any extensions or improvements it considers necessary. The board shall adopt rules for the use and operation of the sewage works and of other sewers and drains connected to the […]
