Indiana Code
Chapter 23. Municipal Sewage Works
36-9-23-29. Connections to Sewer by Abutting Property; Approval Required; Fees; Liens; Disposition of Fees

Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.
(b) The board may approve or disapprove applications for connections and may fix the amount of the connection fee.
(c) A person who applies for a connection shall agree to pay the connection fee. If payment is not made as agreed, the fee constitutes a lien on the property for which the connection is made. Such a lien may be enforced in the manner prescribed by section 34 of this chapter.
(d) The municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected under this section and other laws are to be used as:
(1) net revenues of the sewage works;
(2) payment toward the cost of construction of the works; or
(3) payment toward the cost of improving the works in the future.
[Pre-Local Government Recodification Citation: 19-2-5-19 part.]
As added by Acts 1981, P.L.309, SEC.96.

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