Sec. 13. (a) The board, in the name of the municipality, may bring an action to recover damages for:
(1) the breach of an agreement, express or implied, relating to the construction, management, or repair of sewage works under its control, including real property; or
(2) injury to the personal or real property used in the sanitary disposal of sewage in a municipality located within the district.
(b) The board may recover possession of property, may bring an action for the specific performance of an agreement, and may use, in the name of the municipality, any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the department.
(c) The board may establish limits on the kinds or amounts of chemicals and the strength of the waste or other substances the board considers detrimental to the sewage works. If a person discharges sewage into the sewage works that exceeds limits set by the board, the board may order the person to cease using the sewage works upon a hearing with notice. However, if evidence indicates a public health hazard is being created, the board may summarily order the person to cease without notice or hearing. Orders of the board may be enforced by bringing an action to enjoin discharges into the sewer works in any court in the county having jurisdiction to hear equity actions. A person aggrieved by an order of the board is entitled to appeal the order to the circuit or superior court of the county in which the city is located. If an order is given without notice, an appeal must be perfected within ten (10) days after receipt of the order or the right to appeal is considered waived.
(d) The board of a department in a district described in section 3(b)(2) of this chapter may bring an action in the name of:
(1) a municipality in the district with the approval of the executive of the municipality; or
(2) the district, with the approval of the board.
[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-2-14-6; subsection (c) formerly 19-2-20-12.5.]
As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.175-2006, SEC.25.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 25. Sanitation Department in Certain Cities
36-9-25-1. Application of Chapter
36-9-25-4. Commissioners; Terms of Office; Vacancies
36-9-25-5. Commissioners; Removal From Office; Appeals
36-9-25-6. Commissioners; Meetings; Officers; Quorum; Approval of Actions; Adoption of Rules
36-9-25-7. Certain Cities; Effect of Adoption of Chapter; Enabling Ordinances
36-9-25-9. Jurisdiction of Board
36-9-25-11.1. Deposits to Secure Payment of Fees
36-9-25-11.2. Fees; Notice of Delinquency
36-9-25-11.3. Procedure for Setting Fees in Certain Districts
36-9-25-11.5. Discontinuance of Water Service; Disputed Bills; Notice; Liability of Utility
36-9-25-11.7. Overdue User Fees; Ordinance to Expense as Bad Debts
36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage
36-9-25-16. Tax Levies; Liability of Disannexed and Newly Added Territory
36-9-25-17. Payment of Preliminary Expenses
36-9-25-19. Construction of Sewage Works; Special Tax
36-9-25-20. Construction of Sewage Works; Condemnation; List of Affected Property and Owners
36-9-25-22. Construction of Sewage Works; Condemnation Awards; Mentally Incompetent Persons
36-9-25-23. Construction of Sewage Works; Condemnation Awards; Remonstrances; Hearings
36-9-25-24. Construction of Sewage Works; Condemnation Awards; Appeals
36-9-25-25. Construction of Sewage Works; Manner of Payment of Damages for Taking of Property
36-9-25-26. Construction of Sewage Works; Notice of Confirmation of Resolution; Bids; Contracts
36-9-25-27. Construction of Sewage Works; Bond Issues
36-9-25-28. Deposit and Use of Funds
36-9-25-30. Construction of Sewers, Drains, or Appurtenances; Procedure
36-9-25-31. Payment of General Expenses; Special Tax Levy for Payment of Bonds
36-9-25-32. General Expenses and Operation of Sewage Works; Tax Levy; Procedure; Loans
36-9-25-33. Disposition of Surplus Funds; Funds Belonging to Sanitary Districts
36-9-25-34. Deposit and Use of Fees; Revolving Fund for Payment of Preliminary Expenses
36-9-25-36. Property Acquisitions; Filing and Recording Requirements
36-9-25-37. Authority to Expend Money; Warrants and Vouchers
36-9-25-38. Construction of Sewers Connecting With Sewage Works
36-9-25-39. Certain Departments; Temporary Loans in Anticipation of Funds
36-9-25-40. Certain Districts; Exercise of Powers on Behalf of Second Class City Alone
36-9-25-41. Consolidated Cities; Revenue Bonds for Sewage Works