Sec. 19. (a) If a person defaults in the payment of a waivered installment of principal or interest of an assessment, the municipal fiscal officer shall mail notice of the default to the person. The notice must meet the following conditions:
(1) Be mailed not more than sixty (60) days after the default.
(2) Show the amount of the default, plus interest on that amount for the number of months the person is in default at one-half (1/2) the rate prescribed by IC 6-1.1-37-9(b).
(3) State that the amount of the default, plus interest, is due by the date determined as follows:
(A) If the person selected monthly installments under section 8.5(a)(2) of this chapter, within sixty (60) days after the date the notice is mailed.
(B) If the person selected annual installments under section 8.5(a)(1) of this chapter, within six (6) months after the date the notice is mailed.
(b) A notice that is mailed to the person in whose name the property is assessed and addressed to the person within the municipality is sufficient notice. However, the fiscal officer shall also attempt to determine the name and address of the current owner of the property and send a similar notice to the current owner.
(c) Failure to send the notice required by this section does not preclude or otherwise affect the following:
(1) The sale of the property for delinquency as prescribed by IC 6-1.1-24.
(2) The foreclosure of the assessment lien by the bondholder.
(3) The preservation of the assessment lien under section 22.5 of this chapter.
As added by P.L.98-1993, SEC.8. Amended by P.L.172-1994, SEC.2; P.L.45-2004, SEC.2; P.L.67-2006, SEC.16; P.L.113-2010, SEC.156.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 37. Barrett Law Funding for Municipalities
36-9-37-1. Application of Chapter
36-9-37-3. Municipalities Owning and Operating Water Utilities; Water Main Extensions
36-9-37-4. Prerequisites for Enforcement and Collection of Special Assessments
36-9-37-5. Assumption by Municipality of Responsibility for Payment of Bonds
36-9-37-7. Municipal Fiscal Officers; Surety Bonds; Personal Liability
36-9-37-8. Payment of Expenses
36-9-37-8.5. Assessments; Installment Payments
36-9-37-9. Certification of Assessment Roll; Liens
36-9-37-10. Liability of Municipalities for Assessments for Public Improvements
36-9-37-11. Assessment Installments; Interest
36-9-37-12. Payment of Assessment in Deferred Installments; Time for Making Payments
36-9-37-13. Payment of Assessment in Installments; Proceeds; Special Fund
36-9-37-14. Prepayment of Assessment Installments
36-9-37-15. Prepaid Assessments; Proceeds; Special Fund; Investment; Redemption of Outstanding Bonds
36-9-37-16. Negligent Investment of Special Fund Money; Liability of Municipality
36-9-37-17. Special Fund Created Under Ic 36-9-37-15; Warrants for Disbursements
36-9-37-18. Notice; Payments to Bond Owner; Proceeds Collectable by Fiscal Officer
36-9-37-19. Notice of Default on Installment Payments
36-9-37-20. Collection of Delinquent Assessments; Interest Penalties
36-9-37-21. Interest Penalty Collections; Surplus Barrett Law Account; Use of Funds
36-9-37-22. Default on Single Installment
36-9-37-22.5. Preservation of Assessment in Default as a Lien
36-9-37-23. Certification of Delinquent Assessments
36-9-37-24. Delinquent Assessments; Sale of Property
36-9-37-25. Procedures to Avoid a Foreclosure Action
36-9-37-26. Disposition of Property Acquired by Foreclosure or Conveyance; Procedure
36-9-37-27. Disposition of Property Held by Bank or Trust Company
36-9-37-28. Bonds; Contents; Issuance; Denominations
36-9-37-30. Payment of Bonds at Maturity
36-9-37-31. Bonds; Presentation for Payment; Receipts
36-9-37-32. Schedule of Amounts Paid on Bonds
36-9-37-33. Matured Bonds; Notice to Holder of Money Available for Payment
36-9-37-34. Bonds; Tax Exemption
36-9-37-35. Bonds; Insufficient Funds for Payment; Issuance of Certificates of Indebtedness
36-9-37-36. Bonds; Certificates of Indebtedness; Payment
36-9-37-38. Overpayment of Special Assessments; Refunds
36-9-37-39. Overpayments; Annual Statement; Notice; Disposition
36-9-37-40. Money Collected as Special Assessments; Disposition After Five Years
36-9-37-41. Money Deposited in General Fund; Claims
36-9-37-42. Transfer of Unclaimed Money to Surplus Barrett Law Account
36-9-37-43. Unpaid Warrants or Checks; Cancellation
36-9-37-44. Prepaid Interest; Reimbursement
36-9-37-45. Municipalities No Longer Using Barrett Law; Transfer of Surplus Money