Indiana Code
Chapter 23. Municipal Sewage Works
36-9-23-28.5. Unclaimed Overpayments of Sewer Fees Becoming Property of Municipality

Sec. 28.5. (a) This section does not apply to a deposit made under section 28 of this chapter.
(b) IC 32-34-1.5 does not apply to an overpayment described in subsection (d).
(c) As used in this section, "payor" refers to the owner, lessee, or user of property served by the sewage works who has paid for service from the sewage works.
(d) An overpayment of sewer fees that remains unclaimed by a payor for more than seven (7) years after the termination of the service for which the overpayment was made becomes the property of the municipality.
As added by P.L.40-1996, SEC.12. Amended by P.L.2-2002, SEC.124; P.L.141-2021, SEC.25.

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Structure Indiana Code

Indiana Code

Title 36. Local Government

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

36-9-23-2. Municipal Powers

36-9-23-3. Supervision and Control

36-9-23-4. Sanitary Board

36-9-23-5. Board Defined

36-9-23-6. Contracts

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

36-9-23-10. Construction, Acquisition, or Leasing of Sewage Works; Adoption of Resolution by Works Board or Other Body

36-9-23-11. Cost Estimate

36-9-23-12. Petition Objecting to Construction or Acquisition of Works; Court Hearing; Notice; Bond; Further Proceedings on Project Prohibited if Petition Sustained

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

36-9-23-14. Condemnation; Authority; Security for Damages to Owner From Failure to Accept and Pay for Property; Purchase or Condemnation of Existing Works; Option or Contract; Repair Estimate

36-9-23-15. Acquisition of Property Subject to Lien or Other Encumbrance

36-9-23-16. Sewage Treatment Plant Prerequisite; Contracts and Revenues; Construction of Connecting Sewers; Payment of Cost; Effect on Maturity Date of Bonds

36-9-23-17. Sources of Funds

36-9-23-18. Bonds; Liability of Municipality; Interest; Redemption; Form; Registration; Sale; Temporary Bonds; Additional Bonds; Exemption From Taxation

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

36-9-23-25. Fees; Factors Used to Establish; Persons Obligated to Pay; Disposition of Certain Fees; Different Fee Schedules Permitted; Property Not Occupied by Owner

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. Deposit to Ensure Payment of Fees; Amount of Deposit; Refund; Forfeiture; Use to Pay Judgment; Unclaimed Deposits

36-9-23-28.5. Unclaimed Overpayments of Sewer Fees Becoming Property of Municipality

36-9-23-29. Connections to Sewer by Abutting Property; Approval Required; Fees; Liens; Disposition of Fees

36-9-23-30. Municipal Power to Require Connections to Sewer and Discontinuance of Privies, Cesspools, Septic Tanks, and Similar Structures; Conditions; Penalties; Court Order; Attorney's Fees

36-9-23-30.1. Exemption for Septic Tank Soil Absorption System or Constructed Wetland Septic System Outside Municipal Boundaries

36-9-23-31. Fees; Nonpayment; Delinquency Penalty; Civil Action to Recover

36-9-23-32. Liens for Nonpayment of Fees; Priority; Attachment; Subsequent Owners; Property Not Occupied by Owner; Notice to Owner

36-9-23-33. Collection of Unpaid Fees; Recording of Liens; Certification to County Auditor; Fees, Charges, and Penalties; Collection With Property Taxes

36-9-23-34. Liens; Foreclosure; Attorney's Fees

36-9-23-35. Proceedings Under Other Chapters Not Required; Administrative Powers and Duties Not Affected by Chapter

36-9-23-36. Municipal Powers; Areas Outside Corporate Boundaries

36-9-23-37. Memorandum of Understanding Between Municipality and Storm Water Board to Provide Storm Water Management Services