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Home » US Law » 2022 Indiana Code » Title 36. Local Government » Article 9. Transportation and Public Works » Chapter 25. Sanitation Department in Certain Cities

36-9-25-1. Application of Chapter

Sec. 1. (a) This chapter applies to the following: (1) A second class city located in a county having a population of more than one hundred twelve thousand (112,000) and less than one hundred twenty thousand (120,000). (2) Each municipality in a county having a population of more than four hundred thousand (400,000) and less […]

36-9-25-10. Powers of Board

Sec. 10. In performing its duties the board may do the following: (1) If needed for sewage works, condemn, appropriate, lease, rent, purchase, and hold any real or personal property within the district or within five (5) miles outside the boundaries of the district. (2) Enter upon any lots or lands for the purpose of […]

36-9-25-11. Fees; Persons Obligated to Pay; Establishment by Resolution; Public Hearing Required; Fee Schedule; Change of Fees; Nonpayment of Fees; Penalties and Liens; Cost Recovery; Property Not Occupied by Owner

Sec. 11. (a) In connection with its duties, the board may fix fees for the treatment and disposal of sewage and other waste discharged into the sewerage system, collect the fees, and establish and enforce rules governing the furnishing of and payment for sewage treatment and disposal service. The fees must be just and equitable […]

36-9-25-11.1. Deposits to Secure Payment of Fees

Sec. 11.1. In a consolidated city, the board may also require the users of the sewage service to make a reasonable deposit in advance of a connection or reconnection to the sewerage system to secure payment of the fees. The deposit may not exceed thirty-three percent (33%) of the estimated annual cost of the service […]

36-9-25-11.2. Fees; Notice of Delinquency

Sec. 11.2. If a fee established under section 11 of this chapter is not paid within the time fixed by the board, a copy of any notice of delinquency sent to a delinquent user who is a tenant must be sent to the owner of the property occupied by the tenant at the latest address […]

36-9-25-11.3. Procedure for Setting Fees in Certain Districts

Sec. 11.3. (a) This section applies to: (1) a board and district created under section 3(b)(2) of this chapter; and (2) a board and district to which the following apply: (A) The district is within the jurisdiction of a department established under section 1(a)(2) of this chapter. (B) The district is under an order or […]

36-9-25-11.7. Overdue User Fees; Ordinance to Expense as Bad Debts

Sec. 11.7. A municipality may, by ordinance, establish a procedure to expense as bad debt overdue user fees, together with any penalties provided under this chapter, if the amount of fees and penalties involved does not exceed two hundred dollars ($200). As added by P.L.55-1988, SEC.15. Amended by P.L.21-2017, SEC.3.

36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage

Sec. 12. (a) The fees for the treatment and disposal of sewage may be based on: (1) a flat charge for each sewer connection; (2) the amount of water used on the premises; (3) the number and size of water outlets on the premises; (4) the amount, strength, or character of sewage discharged into the […]

36-9-25-15. Incorporation of Territory by Board; Exemption From Requirement to Connect to District’s Sewer System and Discontinue Use of Sewage Disposal System on Property; Requirements; District Receiving Approval of Sewer Project by Indiana Finance Authority Before January 1, 2022; Exemption Not Applicable

Sec. 15. (a) The board, on its own initiative, whenever any territory, by its contour and watershed, or because of the extension of sewers by the municipality, is capable of draining sewage into or connecting with the sanitary system, may incorporate any territory, whether platted or unplatted, into the district by adopting a resolution to […]

36-9-25-16. Tax Levies; Liability of Disannexed and Newly Added Territory

Sec. 16. (a) If any bonds of the district are outstanding, and until they are fully paid, all property included within the district at the time the bonds were issued and sold remains subject to taxes levied and for its proportion of the indebtedness, notwithstanding that the property and territory may have been disannexed from […]

36-9-25-17. Payment of Preliminary Expenses

Sec. 17. (a) All preliminary expenses actually incurred by the board in providing necessary records, giving notice, employing clerks, engineers, attorneys, and other employees, making surveys, and all other expenses that must be paid before the issue and sale of the bonds under section 27 of this chapter, and before the collection of taxes levied […]

36-9-25-19. Construction of Sewage Works; Special Tax

Sec. 19. After final action of the board or of the court confirming the resolution in its original or a modified form, all property located within the boundaries of the district is subject to a special tax to provide money to pay the total cost of the construction of the sewage works, including the acquisition […]

36-9-25-2. Definitions

Sec. 2. As used in this chapter: “Board” refers to a board of sanitary commissioners, or board of public works of a consolidated city. “Department” refers to a department of public sanitation, or department of public works of a consolidated city. “District” means the area within the jurisdiction of a department. [Local Government Recodification Citation: […]