Sec. 14. (a) If the governing body adopts an ordinance under section 10 of this chapter to establish a district, a person who filed a written objection under section 8 of this chapter against the establishment of the district may file an objecting petition in the office of the county auditor. The petition must be filed not more than thirty (30) days after the date the notice of the adoption of the ordinance is mailed to the person under section 8 of this chapter. The petition must state the person's objections and the reasons why the person believes the establishment of the district is unnecessary or unwise.
(b) The county auditor shall immediately certify a copy of the petition, together with other data necessary to present the questions involved, to the county legislative body. Upon receipt of the certified petition and other data, the county legislative body shall fix a time and place for the hearing of the matter. The hearing shall be held not less than five (5) days and not more than thirty (30) days after the receipt of the certified documents.
(c) The hearing shall be held in the county where the petition arose.
(d) The county legislative body shall give notice of the hearing to the petitioner and the governing body by mail at least five (5) days before the date of the hearing. After the hearing, the county legislative body shall approve or deny the establishment of the district. The decision by the county legislative body:
(1) is final with respect to the establishment of the district against which the objecting petition was filed; and
(2) does not limit the authority of the governing body to initiate new proceedings to establish a district.
As added by P.L.161-2002, SEC.2 and P.L.172-2002, SEC.7.
Structure Indiana Code
Article 11. County Onsite Waste Management Districts
Chapter 3. Establishment or Dissolution of Districts
36-11-3-1. Initiation by Governing Body
36-11-3-2. Contents of Notice of Intent
36-11-3-3. Notice of Intent to Dissolve
36-11-3-4. Territory of District
36-11-3-5. Inclusion in District of Area Located Within a Municipality
36-11-3-6. Public Hearings; Qualifications of Hearing Officer; Hearing Officer Compensation
36-11-3-7. Scheduling of Hearing; Notice
36-11-3-8. Objection and Participation in Hearing by Resident of District
36-11-3-10. Action by Ordinance of the Governing Body After the Hearing; Notice to Objectors
36-11-3-11. Notice of Adoption of an Ordinance
36-11-3-12. District Not an Independent Municipal Corporation
36-11-3-13. Information to Be Included in Ordinance to Establish a District