Sec. 23. (a) At the hearing fixed under section 22 of this chapter, owners of assessed property may appear before the municipal works board and file remonstrances against the assessments. The works board may continue proceedings from day to day, as necessary to hear the evidence concerning the assessments.
(b) The works board shall determine at the hearing whether the several lots and parcels of land primarily assessed are specially benefited in the amounts respectively assessed against the lots and parcels of land in the preliminary or primary assessment.
(c) The works board shall sustain or modify, in whole or in part, the preliminary assessment as indicated on the assessment roll, by confirming, increasing, or reducing the preliminary or primary assessment against all or part of the property described in the assessment roll. The decision of the works board must be based on the works board's findings concerning the special benefits received on account of the sewage works.
(d) The works board shall also determine at the hearing what part, if any, of the benefits resulting from the sewage works accrue to the municipality and shall be assessed against the municipality on the assessment roll.
As added by P.L.98-1993, SEC.10.
Structure Indiana Code
Article 9. Transportation and Public Works
Chapter 39. Barrett Law Funding for Municipal Sewers
36-9-39-1. Application of Chapter
36-9-39-1.3. "Construction" Defined
36-9-39-3. Adoption of Resolution; Contents
36-9-39-4. Notice of Resolution and Hearing; Cost Estimate
36-9-39-5. Conduct of Hearing; Findings
36-9-39-7. Sewage Works for Use by Owners of Abutting Property; Bidding Procedure
36-9-39-9. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Resolution; Notice
36-9-39-11. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Hearing; Findings
36-9-39-13. Payment of Costs; Appropriations; Assessments; Contracts
36-9-39-18. Sewage Works Adapted for Receiving Sewage From Collateral Sewers; Assessments
36-9-39-20. Assessments; Inclusion of Amount Determined Under Ic 36-9-22-5
36-9-39-21. Assessment Roll; Formulation; Contents
36-9-39-23. Hearing on Assessments; Findings; Modification of Preliminary or Primary Assessments
36-9-39-24. Hearing on Assessments; Modification of Assessment Roll; Delivery to Fiscal Officer
36-9-39-25. Hearing on Assessments; Finality of Decision; Appeals; Effect of Defective Procedures
36-9-39-26. Duties of Fiscal Officer
36-9-39-28. Enforcement of Assessments and Bonds; Statutes Applicable