36-9-27.8-1. “Executive”
Sec. 1. As used in this chapter, “executive” means: (1) the board of county commissioners, in the case of Johnson County; or (2) the mayor, in the case of a consolidated city. As added by P.L.139-2018, SEC.2.
36-9-27.8-10. Authority to Enter Into Contract; Requirements
Sec. 10. (a) The executive may enter into a contract under this chapter with the homeowners association of a subdivision if the following requirements are satisfied: (1) The contract must be executed not later than June 30, 2021. (2) Each member of the homeowners association must be provided with a copy of the proposed contract […]
36-9-27.8-11. Mandatory Contract Provisions
Sec. 11. A contract between the executive and the homeowners association of a subdivision under this chapter must include provisions that do the following: (1) Authorize the unit to repair subdivision drains located in the subdivision either: (A) through the work of employees of the unit; or (B) by contracting for the repair work to […]
36-9-27.8-12. Right of Entry to Perform Drain Repair Work
Sec. 12. (a) A person authorized under section 11(3) of this chapter that is engaged in subdivision drain repair in performance of a contract under this chapter may enter upon, over, or under land, water, or property within a subdivision to perform the subdivision drain repair work. (b) Except as provided in subsection (c), before […]
36-9-27.8-13. Workers Not Trespassing
Sec. 13. While performing work under a contract entered into under this chapter, persons authorized under section 11(3) of this chapter are not considered trespassers and are liable only for the actual damages they cause to property. As added by P.L.139-2018, SEC.2.
36-9-27.8-14. Recording of Contract
Sec. 14. Not later than ten (10) business days after the date a contract is executed under this chapter, the executive shall record the contract with the county recorder. As added by P.L.139-2018, SEC.2.
36-9-27.8-15. Duties of Fiscal Officer
Sec. 15. (a) The fiscal officer shall: (1) establish a subdivision drain repair fund; and (2) create a separate account within the fund for each subdivision with which the executive enters into a contract under this chapter. (b) The fund established under subsection (a) shall be administered by the fiscal officer. Money in the fund […]
36-9-27.8-16. Assessments; Amount and Collection
Sec. 16. Assessments imposed on the owners of property in a subdivision under section 11(2) of this chapter: (1) shall be set by the executive or the executive’s designee at an amount not greater than is necessary to meet the cost of repairs needed at the time the contract is entered into with respect to […]
36-9-27.8-17. If Balance in Account Is Insufficient
Sec. 17. If the balance in the account created for a subdivision under section 15(a)(2) of this chapter is insufficient to pay the cost of repairing a subdivision drain in the subdivision, the unit may: (1) pay the expenses of the repair initially from: (A) the county general fund, in the case of Johnson County; […]
36-9-27.8-18. Unpaid Assessments Constitute Lien
Sec. 18. (a) All assessments that are imposed on an owner of property in a subdivision under this chapter but are unpaid constitute a subdivision drain repair lien on the property as provided in section 19 of this chapter. (b) The priority of a subdivision drain repair lien is established on the date on which […]
36-9-27.8-19. Attachment of Lien to Real Estate; Notice of Lien
Sec. 19. (a) A subdivision drain repair lien under this chapter attaches to real estate upon the recording of a notice of lien by the fiscal officer in the office of the recorder of the county in which the real estate is located. (b) A notice of lien may not be recorded under this section […]
36-9-27.8-2. “Fiscal Officer”
Sec. 2. As used in this chapter “fiscal officer” means: (1) the county auditor, in the case of Johnson County; or (2) the controller, in the case of a consolidated city. As added by P.L.139-2018, SEC.2.
36-9-27.8-20. Liability of Grantee; Acquirer of Title After Mortgage Foreclosure Not Liable
Sec. 20. (a) In the case of a voluntary conveyance of property in a subdivision, the grantee of the property is jointly and severally liable with the grantor for all unpaid subdivision drain repair assessments that were imposed on the grantor under this chapter before the grant or conveyance, without prejudice to the grantee’s right […]
36-9-27.8-21. Enforcement of Assessments
Sec. 21. Subdivision drain repair assessments imposed under this chapter may be enforced and collected as special assessments under IC 6-1.1-22 and IC 6-1.1-24 and under IC 6-1.1-25. As added by P.L.139-2018, SEC.2.
36-9-27.8-22. Expiration of Authority to Enter Into Contracts
Sec. 22. The executive may not enter into a contract under this chapter with a homeowners association of a subdivision after June 30, 2021. The rights and obligations of a contract executed under this chapter before July 1, 2021, are not affected after June 30, 2021, and do not impair a unit’s ability to enforce […]
36-9-27.8-3. “Governing Documents”
Sec. 3. As used in this chapter, “governing documents” has the meaning set forth in IC 32-25.5-2-3. As added by P.L.139-2018, SEC.2.
36-9-27.8-4. “Homeowners Association”
Sec. 4. As used in this chapter, “homeowners association” has the meaning set forth in IC 32-25.5-2-4. As added by P.L.139-2018, SEC.2.
36-9-27.8-5. “Subdivision”
Sec. 5. As used in this chapter, “subdivision” has the meaning set forth in IC 32-25.5-2-5. As added by P.L.139-2018, SEC.2.
36-9-27.8-6. “Subdivision Drain”
Sec. 6. As used in this chapter, “subdivision drain” means a system that: (1) consists of: (A) underground pipes; and (B) one (1) or more inlets; (2) may also include one (1) or more streams, swales, ditches, natural drains, catch basins, and other components; (3) is designed to drain excess water from impervious surfaces like […]
36-9-27.8-7. “Unit”
Sec. 7. As used in this chapter, “unit” means: (1) Johnson County; or (2) the consolidated city in Marion County. As added by P.L.139-2018, SEC.2.