36-9-40-1. Application of Chapter
Sec. 1. This chapter applies to counties. As added by P.L.7-2002, SEC.1.
36-9-40-10. Special Assessment Levy; Limitation on Amount
Sec. 10. (a) The works board shall levy special assessments for the amount determined under section 9 of this chapter if: (1) the contract for construction of the system is executed; and (2) the system is constructed. (b) The special assessments levied under this section may not exceed the cost of construction of the system. […]
36-9-40-11. Works Board Action on Preliminary Resolution; Effect of Modified or Confirmed Resolution
Sec. 11. (a) After the works board determines the amount of special benefits that will accrue to the property liable to be assessed for construction of the system, the works board may do any of the following: (1) Confirm the preliminary resolution. (2) Modify the preliminary resolution. (3) Rescind the preliminary resolution. (b) The preliminary […]
36-9-40-12. Works Board Advertisement for Bids and Performance of Work
Sec. 12. If the works board finally orders construction of a system, the works board shall advertise for bids and perform the work under IC 36-1-12. As added by P.L.7-2002, SEC.1.
36-9-40-13. Construction Contract for Entire System; Challenge to Contract
Sec. 13. (a) The contract for construction of a system must be for construction of the entire system. (b) After the execution of a contract for construction of a system, the validity of the contract may be questioned only in an action to enjoin the performance of the contract. This action must be brought before […]
36-9-40-14. Contractor Guarantee of Workmanship and Materials
Sec. 14. (a) A contractor for construction of a system must guarantee the contractor’s workmanship and all materials used in the work. (b) The guarantee required under subsection (a) must be in the following form: “The contractor warrants the contractor’s workmanship and all materials used in the work and agrees that during the guarantee period […]
36-9-40-15. County and Contractor Responsibilities for System Repairs
Sec. 15. (a) If repairs to a system become necessary, the county must give written notice to the contractor to make the repairs. If the contractor fails to begin the repairs not later than thirty (30) days after the notice is received, the county may do the following: (1) Make the repairs using the county’s […]
36-9-40-16. Acceptance of System by Works Board
Sec. 16. A system that is completed according to contract must be accepted by the works board. As added by P.L.7-2002, SEC.1.
36-9-40-17. Assessment of Property on Which System Is Constructed; Effect of Mistake in Name of Owner
Sec. 17. (a) As soon as a contract for construction of a system has been completed, the works board shall have an assessment prepared for the property on which the system is constructed. The property on which the system is constructed is liable for assessment under this chapter. (b) The assessment must include the following: […]
36-9-40-18. Presumptions With Respect to Assessment; Assessment Notice to Property Owner
Sec. 18. (a) The following apply to the assessment indicated against each lot, tract, or parcel of land: (1) The assessment is presumed to be the special benefit to the lot, parcel, or tract of land. (2) The assessment is the final and conclusive assessment unless the assessment: (A) exceeds the engineer’s estimate under section […]
36-9-40-19. Works Board Hearing and Decision on Objection to Assessment
Sec. 19. (a) If an objection is filed before the time prescribed in section 18 of this chapter, the works board shall set a hearing. (b) After the hearing, the works board shall sustain or modify the assessment by confirming, increasing, or reducing the presumptive assessment. The works board’s decision must be based on the […]
36-9-40-2. Definitions
Sec. 2. For purposes of this chapter: (1) “Sewage disposal system” has the meaning set forth in IC 13-11-2-201. (2) “System” refers to a sewage disposal system. (3) “Works board” refers to the works board of a county. As added by P.L.7-2002, SEC.1.
36-9-40-20. Delivery of Assessment to County Assessor
Sec. 20. When the assessment is completed, the works board shall deliver the assessment to the county assessor. As added by P.L.7-2002, SEC.1.
36-9-40-21. Delivery of Completed Assessment to County Auditor; Assessment to Show Amount Due
Sec. 21. (a) The works board shall deliver a certified copy of the completed assessment to the county auditor after the works board: (1) approves and accepts the entire work under any contract; and (2) allows a final estimate. (b) The duplicate assessment, to be known as the primary assessment, must show the amount due […]
36-9-40-22. County Auditor Notice of Assessment to Affected Person; Installment Payments
Sec. 22. (a) Upon receipt of the primary assessment, the county auditor shall by mail notify the affected person of the amount of the assessment against the person’s property. (b) The notice must state the following: (1) That the amount is due not later than thirty (30) days after the approval of the assessment by […]
36-9-40-23. Assessment Due Date; Interest on Delinquent Assessment
Sec. 23. (a) The entire assessment is payable in cash without interest not later than thirty (30) days after the approval of the assessment by the works board if an agreement has not been signed and filed under section 22 of this chapter. (b) If the assessment is not paid when due, the total assessment […]
36-9-40-24. County Auditor Receipt and Accounting for Assessment Payments; Use of Proceeds; Special Fund
Sec. 24. (a) The county auditor shall do the following: (1) Receive the payment of assessment installments. (2) Keep all accounts and give proper vouchers for the payment of assessment installments. (b) Proceeds arising from assessments for the payment of a particular system may not be diverted to the payment of any other system. (c) […]
36-9-40-25. Assessment Installment Payments Due Upon Delinquency; Collection of Delinquent Installments
Sec. 25. Failure to pay an installment of principal or interest when the installment is due makes all installments of principal yet unpaid due and payable immediately, unless the unpaid installment of principal or interest is paid within the grace period provided. The county shall proceed to collect delinquent installments as delinquent taxes are collected. […]
36-9-40-26. Supplementary Proceedings to Correct Defect or Irregularity in Contract
Sec. 26. If a defect or an irregularity results in the invalidity of a contract, an assessment, or a lien under this chapter, the defect or irregularity shall be corrected by supplementary proceedings that substantially comply with this chapter. As added by P.L.7-2002, SEC.1.
36-9-40-3. Installation
Sec. 3. A county may install private sewage disposal systems under this chapter. As added by P.L.7-2002, SEC.1.