36-9-37-1. Application of Chapter
Sec. 1. This chapter applies to all municipalities. As added by P.L.98-1993, SEC.8.
36-9-37-10. Liability of Municipalities for Assessments for Public Improvements
Sec. 10. (a) A political subdivision has the same powers and is subject to the same duties and liability in respect to municipal assessments for the cost of public improvements affecting the political subdivision’s real property as private owners of real property. (b) The real property of a political subdivision is subject to liens for […]
36-9-37-11. Assessment Installments; Interest
Sec. 11. If a municipal works board orders any of the following improvements and assessments are imposed after June 30, 2001, to pay for the improvements or to repay bonds issued under this chapter after June 30, 2001, each owner of property assessed for that improvement may elect to pay the owner’s assessment in installments […]
36-9-37-12. Payment of Assessment in Deferred Installments; Time for Making Payments
Sec. 12. (a) If a property owner has elected to pay the property owner’s assessment in installments and the assessment roll for the cost of the improvement was finally approved before July 1 of a year, the first installment of the principal of the assessment, together with accrued interest, is payable on November 10 of […]
36-9-37-13. Payment of Assessment in Installments; Proceeds; Special Fund
Sec. 13. Proceeds from assessments for the payment of a particular improvement may not be used for the payment of other improvements. The proceeds from assessments for the payment of a particular improvement constitute a special fund for the following: (1) Payment of contractors for the particular improvement if allowance of the estimates has been […]
36-9-37-14. Prepayment of Assessment Installments
Sec. 14. (a) A property owner who has secured the right to pay the property owner’s assessments in deferred installments by the filing of a waiver may, at any time after the expiration of the first year after the filing, pay the entire balance of the assessment and be relieved of the lien on the […]
36-9-37-15. Prepaid Assessments; Proceeds; Special Fund; Investment; Redemption of Outstanding Bonds
Sec. 15. (a) Prepaid assessments constitute a special fund to be held in trust by the municipality for the owner or owners of the bonds upon which the prepayments have been made. (b) The municipal fiscal officer shall promptly invest and reinvest the special fund in securities of the federal government so that the principal […]
36-9-37-16. Negligent Investment of Special Fund Money; Liability of Municipality
Sec. 16. If a municipality negligently fails to invest or reinvest the special fund in the manner prescribed by section 15 of this chapter, the municipality is liable to the special fund for interest on the fund, calculated at the rate of interest of the bonds issued on account of the assessments. A holder of […]
36-9-37-17. Special Fund Created Under Ic 36-9-37-15; Warrants for Disbursements
Sec. 17. Warrants for disbursements from the special fund established under section 15 of this chapter shall be drawn and issued in the manner provided by statute for disbursements from municipal funds. The officer having custody of the special fund shall honor and pay those warrants. As added by P.L.98-1993, SEC.8.
36-9-37-18. Notice; Payments to Bond Owner; Proceeds Collectable by Fiscal Officer
Sec. 18. If a bond owner receives a payment of interest or principal, or both, that was to have been collected by the fiscal officer of a municipality under this chapter (or under IC 36-9-19 before its repeal in 1993), the bond owner shall notify the fiscal officer of the payment. As added by P.L.98-1993, […]
36-9-37-19. Notice of Default on Installment Payments
Sec. 19. (a) If a person defaults in the payment of a waivered installment of principal or interest of an assessment, the municipal fiscal officer shall mail notice of the default to the person. The notice must meet the following conditions: (1) Be mailed not more than sixty (60) days after the default. (2) Show […]
36-9-37-2. Repealed
As added by P.L.98-1993, SEC.8. Repealed by P.L.97-2004, SEC.133.
36-9-37-20. Collection of Delinquent Assessments; Interest Penalties
Sec. 20. (a) If any principal and interest, or an installment of principal and interest, is not paid in full when due, the municipal fiscal officer shall enforce payment of the following: (1) The unpaid amount of principal and interest. (2) A penalty of interest at the rate prescribed by subsection (b). (b) If payment […]
36-9-37-21. Interest Penalty Collections; Surplus Barrett Law Account; Use of Funds
Sec. 21. (a) Interest penalties collected under section 20(b) of this chapter shall be credited to an account to be known as the surplus Barrett Law account. The amount credited shall be a part of the waivered municipal improvement funds. The money in the surplus Barrett Law account may be used as follows: (1) To […]
36-9-37-22. Default on Single Installment
Sec. 22. Except as provided in section 22.5 of this chapter, the following apply if at least one (1) installment of an assessment is in default: (1) The total amount of the assessment that remains unpaid is considered to be in default. (2) The assessed property is subject to sale under sections 23 through 24 […]
36-9-37-22.5. Preservation of Assessment in Default as a Lien
Sec. 22.5. (a) The municipal fiscal officer and the municipal works board may jointly establish procedures allowing a municipality to avoid a sale, on property that is not delinquent for property taxes, penalties, and other special assessments, that: (1) is required under section 22 of this chapter; and (2) would be conducted under IC 6-1.1-24; […]
36-9-37-23. Certification of Delinquent Assessments
Sec. 23. (a) This section does not apply to a municipality if the legislative body of the municipality adopts an ordinance providing that this section does not apply to the municipality. (b) Except as provided in subsection (d), before June 1 of each year the municipal fiscal officer shall certify to the county auditor a […]
36-9-37-24. Delinquent Assessments; Sale of Property
Sec. 24. (a) This section does not apply to a municipality if the legislative body of the municipality adopts an ordinance providing that this section does not apply to the municipality. (b) After the county auditor receives the list of delinquencies from the municipal fiscal officer under section 23 of this chapter, the real property […]
36-9-37-25. Procedures to Avoid a Foreclosure Action
Sec. 25. (a) To avoid a foreclosure action on a special assessment, a municipality may: (1) defer collection of the assessment under section 22.5 of this chapter; or (2) accept a conveyance in satisfaction of the assessment from the owner of the assessed property. (b) If there are bondholders other than the municipality holding bonds […]
36-9-37-26. Disposition of Property Acquired by Foreclosure or Conveyance; Procedure
Sec. 26. (a) If a municipality acquires an undivided interest in real property by foreclosure of a special assessment or by a voluntary conveyance under section 25(a) of this chapter, the municipality may dispose of the municipality’s interest in the manner prescribed by this section. (b) The municipality must have the municipality’s interest in the […]