Sec. 12. (a) Upon completion of the assessment list by the works board, the list shall be delivered to the fiscal officer of the municipality. From the time the respective amounts of benefits are assessed, or if a lot or parcel has sustained both benefits and damages because of an improvement as stated in the assessment list, then the excess of benefits assessed over damages awarded constitutes a lien superior to all other liens except taxes against the respective lot or parcel.
(b) The fiscal officer of the municipality shall immediately prepare a list of the excess of benefits, to be known as the local assessment list. If the municipality is a second class city and the county treasurer collects money due the city, the local assessment list shall be delivered to the county treasurer.
(c) The duties of the fiscal officer of the municipality and county treasurer are the same as prescribed with regard to assessments for street improvement. The provisions of the statute relating to:
(1) the payment of street improvement assessments by installments on the signing of waivers and issuance of bonds and coupons in anticipation;
(2) the duties of the fiscal officer and the county treasurer in relation to them; and
(3) the enforcement of payment of assessments in proceedings for the improvement of streets by the works board;
applies to these assessments.
[Pre-2002 Recodification Citation: 32-11-1.5-9.]
As added by P.L.2-2002, SEC.9.
Structure Indiana Code
Chapter 2. Procedures for Cities and Towns
32-24-2-1. "Fiscal Officer" Defined
32-24-2-2. "Municipality" Defined
32-24-2-4. "Works Board" Defined
32-24-2-5. Alternate Procedure
32-24-2-6. Application of Chapter; Condemnation Resolutions; Notice; Remonstrances
32-24-2-7. List of Affected Property Owners
32-24-2-8. Damage Awards and Benefit Assessments; Notice; Remonstrances
32-24-2-9. Guardianship Proceedings; Notice
32-24-2-10. Remonstrances; Appeal
32-24-2-11. Appeal Procedure; Discontinuance
32-24-2-12. Assessment of Benefits; Local Assessment Roll
32-24-2-13. Due Date of Benefit Assessments; Foreclosure of Liens; Costs
32-24-2-14. Payment of Damage Awards
32-24-2-15. Certificates of Damages; Disputes as to Whom Damages Should Be Paid; Injunction