Sec. 30. (a) Subject to subsection (b) and section 30.1 of this chapter, a municipality that operates sewage works under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) may require:
(1) connection to its sewer system of any property producing sewage or similar waste; and
(2) discontinuance of the use of privies, cesspools, septic tanks, and similar structures.
(b) A municipality may exercise the powers granted by subsection (a) only if:
(1) there is an available sanitary sewer within three hundred (300) feet of the property line of the affected property; and
(2) it has given notice by certified mail to the property owner at the address of the property, at least ninety (90) days before the date specified for connection in the notice.
(c) A municipality may establish, enforce, and collect reasonable penalties for failure to make a connection under this section.
(d) A municipality may apply to the circuit or superior court for the county in which it is located for an order to require a connection under this section. The court shall assess the cost of the action and reasonable attorney's fees of the municipality against the property owner in such an action.
[Pre-Local Government Recodification Citation: 19-2-5-22.]
As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.3-1990, SEC.135; P.L.107-2016, SEC.8.
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