Sec. 28. (a) The legislative body of a municipality that operates sewage works under this chapter may, by ordinance, require the owners, lessees, or users of property served by the works to pay a deposit to ensure payment of sewer fees.
(b) The deposit required may not exceed the estimated average payment due from the property served by the sewage works for a three (3) month period. The deposit must be retained in a separate fund.
(c) The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served:
(1) has been conveyed or transferred to another person; or
(2) no longer uses or is connected with any part of the municipal sewage system.
A statement under subdivision (1) must include the name and address of the person to whom the property is conveyed or transferred.
(d) If a depositor fails to satisfy costs and fees within sixty (60) days after the termination of the depositor's use or ownership of the property served, the depositor forfeits the depositor's deposit and all accrued interest. The forfeited amount shall be applied to the depositor's outstanding fees. Any excess that remains due after application of the forfeiture may be collected in the manner prescribed by section 31 or 32 of this chapter.
(e) A deposit may be used to satisfy all or part of any judgment awarded the municipality under section 31 of this chapter.
(f) A deposit made under this section that has remained unclaimed by the depositor for more than seven (7) years after the termination of the services for which the deposit was made becomes the property of the municipality. IC 32-34-1.5 (unclaimed property) does not apply to a deposit described in this subsection.
[Pre-Local Government Recodification Citation: 19-2-5-20 part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.236-1993, SEC.2; P.L.31-1995, SEC.8; P.L.2-2002, SEC.123; P.L.127-2017, SEC.315; P.L.141-2021, SEC.24.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 23. Municipal Sewage Works
36-9-23-0.1. Application of Certain Amendments to Chapter
36-9-23-1. Application of Chapter
36-9-23-3. Supervision and Control
36-9-23-7. Board; Operation of Works
36-9-23-8. Board; Restoration of Works
36-9-23-9. Board; Authority Relating to Employees; Payment of Expenses
36-9-23-12.5. User Moving to New Residence; Forwarding Final Bill
36-9-23-13. Preliminary Expenses; Payment From General Fund; Repayment From Bond Proceeds
36-9-23-15. Acquisition of Property Subject to Lien or Other Encumbrance
36-9-23-19. Bonds; Actions to Contest Validity; Limitations
36-9-23-20. Bonds; Disposition of Proceeds; Lien of Holders or Trustee
36-9-23-21. Bonds; Sinking Fund
36-9-23-22. Bonds; Security by Trust Indenture Permitted; Terms of Indenture
36-9-23-23. Bonds; Enforcement Rights of Holders; Receivership
36-9-23-24. Fees; Municipality Subject to Fees of Sewage Works
36-9-23-26. Fees; Hearing; Notice; Adoption; Readjustment
36-9-23-26.1. Objections to Rates and Charges; Bonds; Hearings
36-9-23-27. Fees; Collection Upon Commencement of Construction; Amount
36-9-23-28.5. Unclaimed Overpayments of Sewer Fees Becoming Property of Municipality
36-9-23-31. Fees; Nonpayment; Delinquency Penalty; Civil Action to Recover
36-9-23-34. Liens; Foreclosure; Attorney's Fees
36-9-23-36. Municipal Powers; Areas Outside Corporate Boundaries