Bill Text: IN HB1464 | 2011 | Regular Session | Introduced
Bill Title: Notice of delinquent sewer and storm water bills.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Local Government [HB1464 Detail]
Download: Indiana-2011-HB1464-Introduced.html
Citations Affected: IC 8-1.5-5; IC 36-7-10.1-3; IC 36-9-23;
IC 36-9-25.
Effective: Upon passage; July 1, 2011.
January 20, 2011, read first time and referred to Committee on Local Government.
Digest Continued
have
been sent; and (2) the unpaid fees and penalties are at least 60
days delinquent. Provides that a municipality or county that issues a
notice or bill to a property owner in connection with the removal of
weeds or rank vegetation from the owner's property must send the
notice or bill by certified mail or an equivalent service to: (1) an
address provided by the owner for receiving notices or bills; or (2) the
last address of the owner as indicated in the records of the county
auditor on the date of the notice or bill. Provides that if the owner's
address is not the address of the real property on which the violation
has occurred, a copy of the notice or bill must be also be sent by United
States mail to the address of the real property on which the violation
has occurred. Provides that a bill sent to the property owner for the
removal of weeds or rank vegetation must include: (1) the amount
owed by the owner for the costs incurred by the municipality or county
in abating the violation; and (2) a statement that a lien will not attach
to the property, and that collection charges and attorney's fees will not
be assessed, if the amount owed is paid not later than 30 days after the
date of the bill.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(b) Fees assessed against real property under this chapter constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in
(c) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If property is conveyed before a lien is filed, the department shall notify the person
who owned the property at the time the fee became payable. The notice
must inform the person that payment, including penalty fees for
delinquencies, is due not more than fifteen (15) days after the date of
the notice. If payment is not received within one hundred eighty (180)
days after the date of the notice, the amount due may be expensed as a
bad debt loss.
(d) A lien attaches against real property occupied by someone other
than the owner as described in subsection (b) only if the department
notifies the owner within twenty (20) days after the time the user fees
became sixty (60) days delinquent. However, the department must give
notice to the owner only if the owner has given the department written
notice of the address to which to send notice. or the department's
agent does the following:
(1) Sends notice of the delinquency upon which the lien is
based as follows:
(A) By United States mail to the address of the real
property. The notice required by this clause must include
the following:
(i) The amount of the delinquency, including any
applicable penalties for the delinquency, and the number
of days the account is delinquent.
(ii) A statement that payment is due not later than thirty
(30) days after the date of the notice, along with
instructions as to how the payment may be made.
(iii) A statement that a lien will not attach to the
property, and that collection charges, attorney's fees, or
other charges will not be assessed, if the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the department or the
department's agent not later than thirty (30) days after
the date of the notice.
(B) If the property is occupied by someone other than the
owner, by certified mail, return receipt requested, or by an
equivalent service permitted under IC 1-1-7-1, to the
owner, at the address described in subsection (e). The
notice required by this clause is in addition to the notice
required to be sent to the address of the property under
clause (A). The notice required by this clause must include
the following:
(i) The amount of the delinquency, including any
applicable penalties for the delinquency, and the number
of days the account is delinquent.
(ii) A statement that notice of the delinquency, along
with a demand for payment, has been sent to the address
of the real property, as required under clause (A).
(iii) A statement that payment is due not later than thirty
(30) days after the date of the notice, along with
instructions as to how the payment may be made.
(iv) A statement that a lien will not attach to the
property, and that collection charges, attorney's fees, or
other charges will not be assessed, if the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the department or the
department's agent not later than thirty (30) days after
the date of the notice.
The cost of sending notice to the owner under this clause is
an administrative cost that may be billed to the owner. A
notice required by this clause must be sent at the same time
the notice is sent to the address of the real property under
clause (A), subject to the requirements of this subdivision.
If the department uses a periodic billing system under section
7(c) of this chapter, a notice required by this subdivision must
be sent according to the schedule by which the department
first sends notice of delinquent fees under the department's
normal billing procedures, but not later than thirty (30) days
after the date the fees first became delinquent. If the
department collects fees under section 7(c) of this chapter
through a charge appearing on the semiannual property tax
statement of the affected property owner, a notice required by
this subdivision must be sent not later than thirty (30) days
after the date the fees first became delinquent, or not later
than the date of the next semiannual property tax statement,
whichever is earlier.
(2) If the fees remain delinquent after the notice or notices
required by subdivision (1) have been sent, sends notice of the
continuing delinquency as follows:
(A) By United States mail to the address of the real
property. The notice required by this clause must include
the following:
(i) The amount of the continuing delinquency, including
any applicable penalties for the delinquency, and the
number of days the account is delinquent.
(ii) A statement that payment is due not later than fifteen
(15) days after the date of the notice, along with
instructions as to how the payment may be made.
(iii) A statement that the property will be subject to a
lien, and that collection charges, attorney's fees, or other
charges may be assessed, unless the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the department or the
department's agent not later than the date specified in
item (ii). The statement must inform the recipient that
the lien will attach when notice of the lien is filed in the
county recorder's office, and that the lien will be released
when the delinquent fees, penalties, service charges, and
recording fees have been fully paid.
(B) If the property is occupied by someone other than the
owner, by certified mail, return receipt requested, or by an
equivalent service permitted under IC 1-1-7-1, to the
owner, at the address described in subsection (e). The
notice required by this clause is in addition to the notice
required to be sent to the address of the property under
clause (A). The notice required by this clause must include
the following:
(i) The amount of the continuing delinquency, including
any applicable penalties for the delinquency, and the
number of days the account is delinquent.
(ii) A statement that notice of the continuing
delinquency, along with a demand for payment, has been
sent to the address of the real property, as required
under clause (A).
(iii) A statement that payment is due not later than
fifteen (15) days after the date of the notice, along with
instructions for how payment may be made.
(iv) A statement that the property will be subject to a
lien, and that collection charges, attorney's fees, or other
charges may be assessed, unless the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the department or the
department's agent not later than the date specified in
item (iii). The statement must inform the owner that the
lien will attach when notice of the lien is filed in the
county recorder's office, and that the lien will be released
when the delinquent fees, penalties, service charges, and
recording fees have been fully paid.
The cost of sending notice to the owner under this clause is
an administrative cost that may be billed to the owner. A
notice required by this clause shall be sent at the same time
the notice is sent to the address of the real property under
clause (A), subject to the requirements of this subdivision.
If the department uses a periodic billing system under section
7(c) of this chapter, a notice required by this subdivision must
be sent according to the schedule by which the department
sends notice of continuing delinquencies under the
department's normal billing procedures, but not later than
sixty (60) days after the date the fees first become delinquent.
If the department collects fees under section 7(c) of this
chapter through a charge appearing on the semiannual
property tax statement of the affected property owner, a
notice required by this subdivision must be sent not later than
sixty (60) days after the date the fees first become delinquent,
or not later than the date of the next semiannual property tax
statement, whichever is earlier.
(e) The department, or the department's agent, shall send any
notice required by subsection (d)(1)(B) or (d)(2)(B) to the following
address:
(1) The address to which the owner has instructed, in writing,
the department to direct any:
(A) notice of delinquency under this section; or
(B) other notices;
concerning the property.
(2) If the owner has not provided the department with an
address under subdivision (1), the last address of the owner
for the property as indicated in the records of the county
auditor on the date of the notice. The notice must be sent to
the owner of record of real property with a single owner, or
to at least one (1) of the owners of real property with multiple
owners.
(e) (f) The department shall release:
(1) liens filed with the county recorder after the recorded date of
conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser. The
demand must state that the delinquent fees were not incurred by the
purchaser as a user, lessee, or previous owner and that the purchaser
has not been paid by the seller for the delinquent fees.
JULY 1, 2011]: Sec. 30. (a) The board:
(1) may defer enforcing the collection of unpaid fees and
penalties assessed under this chapter until the unpaid fees and
penalties have been due and unpaid for at least ninety (90) days;
and
( 2) shall defer enforcing the collection of the unpaid fees and
penalties until:
(A) the unpaid fees and penalties are due and unpaid for at
least sixty (60) days; and
(B) the notices required under section 29(d) of this chapter
have been provided at the times and in the manner set
forth in section 29(d) and 29(e) of this chapter.
(b) Except as provided in subsection (k), the board shall enforce
payment of fees imposed under this chapter. As often as the board
determines necessary in a calendar year, the board shall prepare either
of the following:
(1) A list of the delinquent fees and penalties that are enforceable
under this section. The list must include the following:
(A) The name of the owner of each lot or parcel of real
property on which fees are delinquent.
(B) A description of the premises, as shown by the records of
the county auditor.
(C) The amount of the delinquent fees, together with the
penalty.
(2) An individual instrument for each lot or parcel of real property
on which the fees are delinquent.
(c) An officer of the board shall record a copy of each list or each
individual instrument with the county recorder who shall charge a fee
for recording the list or each individual instrument in accordance with
the fee schedule established in IC 36-2-7-10. Subject to section 29(d)
and 29(e) of this chapter, the officer shall mail by certified mail,
return receipt requested, or by another delivery service providing
proof of delivery, an equivalent service permitted under IC 1-1-7-1,
to each property owner on the list or on an individual instrument a
notice stating that a lien against the owner's property has been
recorded. A service charge of five dollars ($5), which is in addition to
the recording fee charged under this subsection and under subsection
(e), shall be added to each delinquent fee that is recorded.
(d) Using the lists and instruments prepared under subsection (b)
and recorded under subsection (c), the board shall, not later than ten
(10) days after the list or each individual instrument is recorded under
subsection (c), certify to the county auditor a list of the liens that
remain unpaid for collection in the next May. The county and its
officers and employees are not liable for any material error in the
information on this list.
(e) The board shall release any recorded lien when the delinquent
fees, penalties, service charges, and recording fees have been fully
paid. The county recorder shall charge a fee for releasing the lien in
accordance with IC 36-2-7-10.
(f) Upon receipt of the list under subsection (c), the county auditor
of each county shall add a fifteen dollar ($15) certification fee for each
lot or parcel of real property on which fees are delinquent. The fee is
in addition to all other fees and charges. The county auditor shall
immediately enter on the tax duplicate for the district the delinquent
fees, penalties, service charges, recording fees, and certification fees,
which are due not later than the due date of the next May installment
of property taxes. The county treasurer shall include any unpaid
charges for the delinquent fee, penalty, service charge, recording fee,
and certification fee to the owner or owners of each lot or parcel of
property, at the time the next cycle's property tax installment is billed.
(g) After certification of liens under subsection (d), the board may
not collect or accept delinquent fees, penalties, service charges,
recording fees, or certification fees from property owners whose
property has been certified to the county auditor.
(h) If a delinquent fee, penalty, service charge, recording fee, and
certification fee are not paid, they shall be collected by the county
treasurer in the same way that delinquent property taxes are collected.
(i) At the time of each semiannual tax settlement, the county
treasurer shall certify to the county auditor all fees, charges, and
penalties that have been collected. The county auditor shall deduct the
service charges and certification fees collected by the county treasurer
and pay over to the officer the remaining fees and penalties due the
district. The county treasurer shall retain the service charges and
certification fees that have been collected and shall deposit them in the
county general fund.
(j) Fees, penalties, and service charges that were not recorded before
a recorded conveyance shall be removed from the tax roll for a
purchaser who, in the manner prescribed by section 29(e) 29(f) of this
chapter, files a verified demand with the county auditor.
(k) A board may write off a fee or penalty under subsection (a) that
is less than forty dollars ($40).
municipality or county may by ordinance require the owners of real
property located within the municipality or the unincorporated area of
the county to cut and remove weeds and other rank vegetation growing
on the property. As used in this chapter, "weeds and other rank
vegetation" does not include agricultural crops, such as hay and
pasture.
(b) An ordinance adopted under subsection (a) must specify the
following:
(1) The department of the municipality or county responsible for
the administration of the ordinance.
(2) The definitions of weeds and rank vegetation.
(3) The height at which weeds or rank vegetation becomes a
violation of the ordinance, specifying the appropriate heights for
various types of weeds and rank vegetation.
(4) Subject to subsection (c), the procedure for issuing notice to
the owner of real property of a violation of the ordinance.
(5) The procedure under which the municipality or county, or its
contractors, may enter real property to abate a violation of the
ordinance if the owner fails to abate the violation.
(6) Subject to subsections (c), (d), and (e), the procedure for
issuing a bill to the owner of real property for the costs incurred
by the municipality or county in abating the violation, including
administrative costs and removal costs. The cost of sending notice
under subsection (c) is an administrative cost that may be billed
to the owner under this subdivision.
(7) The procedure for appealing a notice of violation or a bill
issued under the ordinance.
(c) An ordinance adopted under subsection (a) must provide that a
notice or bill sent to the property owner must be sent by certified mail,
return receipt requested, or an equivalent service permitted under
IC 1-1-7-1 to (1) the owner of record of real property with a single
owner; or (2) at least one (1) of the owners of real property with
multiple owners; at the last address of the owner for the property as
indicated in the records of the county auditor on the date of the notice.
one (1) of the following addresses, whichever applies:
(1) The address to which the owner has instructed, in writing,
the municipality or the county to direct any notices or bills
concerning the property.
(2) If the owner has not provided the municipality or the
county with an address under subdivision (1), the last address
of the owner for the property as indicated in the records of
the county auditor on the date of the notice or bill. The notice
or bill must be sent to the owner of record of real property
with a single owner, or to at least one (1) of the owners of real
property with multiple owners.
If the address to which a notice or bill is required to be sent under
subdivision (1) or (2) is not the address of the real property on
which the violation occurred, the ordinance must provide that a
copy of the notice or bill must be also be sent by United States mail
to the address of the real property on which the violation occurred.
(d) Subject to subsection (e), an ordinance adopted under
subsection (a) must provide that a bill sent to the property owner
under subsection (b)(6) must include the following:
(1) The amount owed by the owner for the costs incurred by
the municipality or county in abating the violation, including
removal costs and administrative costs, including the cost of
sending notices and bills in the manner required by subsection
(c).
(2) A statement that a lien will not attach to the property, and
that collection charges, attorney's fees, or other charges will
not be assessed, if the amount owed is received by the
municipality or the county not later than thirty (30) days after
the date of the bill.
(e) An ordinance adopted under subsection (a) must provide
that if a second or a subsequent bill is sent to a property owner
after an original bill sent under subsection (b)(6) remains unpaid,
the second or subsequent bill must include the following:
(1) The amount owed by the owner for the costs incurred by
the municipality or county in abating the violation, including
removal costs and administrative costs, including the cost of
sending notices and bills in the manner required by subsection
(c).
(2) The number of days the bill is delinquent and the amount
of any applicable penalties for the delinquency.
(3) If applicable, a statement that the property may be subject
to a lien, and that collection charges, attorney's fees, or other
charges may be assessed, unless the amount owed, including
any applicable penalties for the delinquency, is received by the
municipality or the county not later than a date specified in
the second or subsequent bill, which date may not be earlier
than fifteen (15) days after the date of the second or
subsequent bill. If the property will be subject to a lien if
payment is not received by the date specified, the statement
must inform the owner that a lien will attach when notice of
the lien is filed in the county recorder's office, and that the
lien will be released when the delinquent costs and penalties,
along with any service charges or recording fees incurred in
connection with the filing of the lien, have been fully paid.
(b) A contract relating to the financing of the acquisition or construction of any sewage works, or to any trust indenture authorized by this chapter, is not effective until it is approved by the municipal legislative body.
(c) A contract or an agreement with any contractor or contractors for labor, equipment, or materials shall be let and entered into under the statutes governing the letting of contracts by agencies of municipalities.
(d) The board or any public utility (as defined in IC 8-1-6-3) contracting with the board for the treatment, purification, or disposal in a sanitary manner of liquid and solid waste, sewage, night soil, or industrial waste may contract with a water utility furnishing water service to users or property served in the municipality or by the public utility to do the following:
(1) Ascertain the amount of water consumed.
(2) Compute the amount of the charge to be billed for sewer services to each user or property served.
(3) Bill and collect the amounts due for sewer services.
(4) Discontinue water service to delinquent sewer users.
A contract under this subsection is enforceable without the approval of the Indiana utility regulatory commission.
(e) The procedures in IC 36-9-25-11.5(a) through
penalty, and a reasonable attorney's fee may be recovered by the board
in a civil action in the name of the municipality.
(b) The board may not bring a civil action to recover fees,
applicable penalties, and attorney's fees under subsection (a)
unless:
(1) the utility provided the notices of the delinquency required
under section 32(c) of this chapter at the times and in the
manner set forth in section 32(c) and 32(d) of this chapter;
and
(2) the fees are least sixty (60) days delinquent.
(b) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the county recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fees for delinquencies, is due not more than fifteen (15) days after the date of the notice. If payment is not received within one hundred eighty (180) days after the date of the notice, the amount due may be expensed as a bad debt loss.
(c) A lien attaches against real property
records of the county auditor on the date of the notice. The cost of
sending notice under this subsection is an administrative cost that may
be billed to the owner. does the following:
(1) Sends notice of the delinquency upon which the lien is
based as follows:
(A) By United States mail to the address of the real
property. The notice required by this clause must include
the following:
(i) The amount of the delinquency, including any
applicable penalties for the delinquency, and the number
of days the account is delinquent.
(ii) A statement that payment is due not later than thirty
(30) days after the date of the notice, along with
instructions as to how the payment may be made.
(iii) A statement that a lien will not attach to the
property, and that collection charges, attorney's fees, or
other charges will not be assessed, if the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the utility not later than
thirty (30) days after the date of the notice.
(B) If the property is occupied by someone other than the
owner, by certified mail, return receipt requested, or by an
equivalent service permitted under IC 1-1-7-1, to the
owner, at the address described in subsection (d). The
notice required by this clause is in addition to the notice
required to be sent to the address of the property under
clause (A). The notice required by this clause must include
the following:
(i) The amount of the delinquency, including any
applicable penalties for the delinquency, and the number
of days the account is delinquent.
(ii) A statement that notice of the delinquency, along
with a demand for payment, has been sent to the address
of the real property, as required under clause (A).
(iii) A statement that payment is due not later than thirty
(30) days after the date of the notice, along with
instructions as to how the payment may be made.
(iv) A statement that a lien will not attach to the
property, and that collection charges, attorney's fees, or
other charges will not be assessed, if the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the utility not later than
thirty (30) days after the date of the notice.
The cost of sending notice to the owner under this clause is
an administrative cost that may be billed to the owner. A
notice required by this clause shall be sent at the same time
the notice is sent to the address of the real property under
clause (A).
A notice required by this subdivision must be sent according
to the schedule by which the utility first sends notice of
delinquent fees under the utility's normal billing procedures,
but not later than thirty (30) days after the date the fees first
become delinquent.
(2) If the fees remain delinquent after the notice or notices
required by subdivision (1) have been sent, sends notice of the
continuing delinquency as follows:
(A) By United States mail to the address of the real
property. The notice required by this clause must include
the following:
(i) The amount of the continuing delinquency, including
any applicable penalties for the delinquency, and the
number of days the account is delinquent.
(ii) A statement that payment is due not later than fifteen
(15) days after the date of the notice, along with
instructions for how payment may be made.
(iii) A statement that the property will be subject to a
lien, and that collection charges, attorney's fees, or other
charges may be assessed, unless the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the utility not later than the
date specified in item (ii). The statement must inform the
recipient that the lien will attach when notice of the lien
is filed in the county recorder's office, and that the lien
will be released when the delinquent fees, penalties,
service charges, and recording fees have been fully paid.
(B) If the property is occupied by someone other than the
owner, by certified mail, return receipt requested, or by an
equivalent service permitted under IC 1-1-7-1, to the
owner, at the address described in subsection (d). The
notice required by this clause is in addition to the notice
required to be sent to the address of the property under
clause (A). The notice required by this clause must include
the following:
(i) The amount of the continuing delinquency, including
any applicable penalties for the delinquency, and the
number of days the account is delinquent.
(ii) A statement that notice of the continuing
delinquency, along with a demand for payment, has been
sent to the address of the property, as required under
clause (A).
(iii) A statement that payment is due not later than
fifteen (15) days after the date of the notice, along with
instructions as to how the payment may be made.
(iv) A statement that the property will be subject to a
lien, and that collection charges, attorney's fees, or other
charges may be assessed, unless the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the utility not later than the
date specified in item (iii). The statement must inform
the owner that the lien will attach when notice of the lien
is filed in the county recorder's office, and that the lien
will be released when the delinquent fees, penalties,
service charges, and recording fees have been fully paid.
The cost of sending notice to the owner under this clause is
an administrative cost that may be billed to the owner. A
notice required by this clause must be sent at the same time
the notice is sent to the address of the real property under
clause (A), subject to the requirements of the subdivision.
A notice required by this subdivision must be sent according
to the schedule by which the utility sends notice of continuing
delinquencies under the utility's normal billing procedures,
but not later than sixty (60) days after the date the fees first
become delinquent.
(d) The utility shall send any notice required by subsection
(c)(1)(B) or (c)(2)(B) to the following address:
(1) The address to which the owner has instructed, in writing,
the utility to direct any:
(A) notice of delinquency under this section; or
(B) other notices;
concerning the property.
(2) If the owner has not provided the utility with an address
under subdivision (1), the last address of the owner for the
property as indicated in the records of the county auditor on
the date of the notice. The notice must be sent to the owner of
record of real property with a single owner, or to at least one
(1) of the owners of real property with multiple owners.
(1) liens filed with the county recorder after the recorded date of conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner, and that the purchaser has not been paid by the seller for the delinquent fees.
(1) may defer enforcing the collection of unpaid fees and penalties assessed under this chapter until the unpaid fees and penalties have been due and unpaid for at least ninety (90) days; and
( 2) shall defer enforcing the collection of the unpaid fees and penalties until:
(A) the unpaid fees and penalties are due and unpaid for at least sixty (60) days; and
(B) the notices required under section 32(c) of this chapter (or IC 36-9-25-11.2, if applicable) have been provided at the times and in the manner set forth in section 32(c) and 32(d) of this chapter (or IC 36-9-25-11.2, if applicable).
(b) Except as provided in subsection (l), the officer charged with the collection of fees and penalties assessed under this chapter shall enforce their payment. As often as the officer determines is necessary in a calendar year, the officer shall prepare either of the following:
(1) A list of the delinquent fees and penalties that are enforceable under this section, which must include the following:
(A) The name or names of the owner or owners of each lot or parcel of real property on which fees are delinquent.
(B) A description of the premises, as shown by the records of the county auditor.
(C) The amount of the delinquent fees, together with the penalty.
(2) An individual instrument for each lot or parcel of real property on which the fees are delinquent.
(c) The officer shall record a copy of each list or each individual instrument with the county recorder who shall charge a fee for recording the list or each individual instrument in accordance with the fee schedule established in IC 36-2-7-10. Subject to section 32(c) and 32(d) of this chapter, the officer shall then mail by certified mail,
return receipt requested, or by an equivalent service permitted
under IC 1-1-7-1, to each property owner on the list or on an
individual instrument a notice stating that a lien against the owner's
property has been recorded. Except for a county having a consolidated
city, a service charge of five dollars ($5), which is in addition to the
recording fee charged under this subsection and under subsection (f),
shall be added to each delinquent fee that is recorded.
(d) This subsection applies only to a county containing a
consolidated city. Using the lists and instruments prepared under
subsection (b) and recorded under subsection (c), the officer shall
certify to the county auditor a list of the liens that remain unpaid
according to a schedule agreed upon by the county treasurer and the
officer for collection with the next cycle's property tax installment. The
county and its officers and employees are not liable for any material
error in the information on the list.
(e) Using the lists and instruments prepared under subsection (b)
and recorded under subsection (c), the officer shall, not later than ten
(10) days after the list or each individual instrument is recorded under
subsection (c), certify to the county auditor a list of the liens that
remain unpaid for collection in the next May. The county and its
officers and employees are not liable for any material error in the
information on this list.
(f) The officer shall release any recorded lien when the delinquent
fees, penalties, service charges, and recording fees have been fully
paid. The county recorder shall charge a fee for releasing the lien in
accordance with IC 36-2-7-10.
(g) On receipt of the list under subsection (e), the county auditor of
each county shall add a fifteen dollar ($15) certification fee for each lot
or parcel of real property on which fees are delinquent, which fee is in
addition to all other fees and charges. The county auditor shall
immediately enter on the tax duplicate for the municipality the
delinquent fees, penalties, service charges, recording fees, and
certification fees, which are due not later than the due date of the next
installment of property taxes. The county treasurer shall then include
any unpaid charges for the delinquent fee, penalty, service charge,
recording fee, and certification fee to the owner or owners of each lot
or parcel of property, at the time the next cycle's property tax
installment is billed.
(h) After certification of liens under subsection (e), the officer may
not collect or accept delinquent fees, penalties, service charges,
recording fees, or certification fees from property owners whose
property has been certified to the county auditor. This subsection does
not apply to a county containing a consolidated city.
(i) If a delinquent fee, penalty, service charge, recording fee, and
certification fee are not paid, they shall be collected by the county
treasurer in the same way that delinquent property taxes are collected.
(j) At the time of each semiannual tax settlement, the county
treasurer shall certify to the county auditor all fees, charges, and
penalties that have been collected. The county auditor shall deduct the
service charges and certification fees collected by the county treasurer
and pay over to the officer the remaining fees and penalties due the
municipality. The county treasurer shall retain the service charges and
certification fees that have been collected, and shall deposit them in the
county general fund.
(k) Fees, penalties, and service charges that were not recorded
before a recorded conveyance shall be removed from the tax roll for a
purchaser who, in the manner prescribed by section 32(d) 32(e) of this
chapter, files a verified demand with the county auditor.
(l) A board may write off a fee or penalty under subsection (a) that
is for less than forty dollars ($40).
(b) The board may change fees from time to time. The fees, together with the taxes levied under this chapter, must at all times be sufficient to produce revenues sufficient to pay operation, maintenance, and administrative expenses, to pay the principal and interest on bonds as they become due and payable, and to provide money for the revolving fund authorized by this chapter.
(c) Fees may not be established until a public hearing has been held at which all the users of the sewage works and owners of property served or to be served by the works, including interested parties, have had an opportunity to be heard concerning the proposed fees. After introduction of the resolution fixing fees, and before they are finally
adopted, notice of the hearing setting forth the proposed schedule of
fees shall be given by publication in accordance with IC 5-3-1. After
the hearing the resolution establishing fees, either as originally
introduced or as amended, shall be passed and put into effect.
However, fees related to property that is subject to full taxation do not
take effect until they have been approved by ordinance of the municipal
legislative body or, in the case of a district described in section 3(b)(2)
of this chapter, under section 11.3 of this chapter.
(d) A copy of the schedule of the fees shall be kept on file in the
office of the board and must be open to inspection by all interested
parties. The fees established for any class of users or property served
shall be extended to cover any additional premises thereafter served
that fall within the same class, without the necessity of hearing or
notice.
(e) A change of fees may be made in the same manner as fees were
originally established. However, if a change is made substantially pro
rata for all classes of service, hearing or notice is not required, but
approval of the change by ordinance of the municipal legislative body
is required, and, in the case of a district described in section 3(b)(2) of
this chapter, approval under section 11.3 of this chapter is required.
(f) If a fee established is not paid within thirty (30) days after it is
due, the amount, together with a penalty of ten percent (10%) and a
reasonable attorney's fee, may be recovered by the board from the
delinquent user or owner of the property served in a civil action in the
name of the municipality. However, the municipality may not bring
a civil action under this subsection unless:
(1) the board provided the notices of the delinquency required
under section 11.2 of this chapter at the times and in the
manner set forth in section 11.2 of this chapter; and
(2) the fees are at least sixty (60) days delinquent.
(g) Fees assessed against real property under this section also
constitute a lien against the property assessed. Subject to section 11.2
of this chapter, the lien attaches at the time of the filing of the notice
of lien in the county recorder's office. The A lien under this
subsection is superior to all other liens except tax liens, and shall be
enforced and foreclosed in the same manner as is provided for liens
under IC 36-9-23-33 and IC 36-9-23-34.
(h) A fee assessed against real property under this section
constitutes a lien against the property assessed only when the fee is
delinquent for no more than three (3) years from the day after the fee
is due.
(i) In addition to the:
(1) penalties available under subsections (f) and (g);
(2) the alternative penalty available under section 11.5 of this chapter,
a delinquent user may not discharge water into the public sewers and may have the property disconnected from the public sewers.
(j) The authority to establish a user fee under this section includes fees to recover the cost of construction of sewage works from industrial users as defined and required under federal statute or rule. Any industrial users' cost recovery fees may become a lien upon the real property and shall be collected in the manner provided by law. In addition, the imposition of the fees, the use of the amounts collected, and the criteria for the fees must be consistent with the regulations of the federal Environmental Protection Agency.
(k) The authority to establish a user fee under this section includes fees to recover the costs associated with providing financial assistance under section 42 of this chapter. A fee that is:
(1) established under this subsection or any other law; and
(2) used to provide financial assistance under section 42 of this chapter;
is considered just and equitable if the project for which the financial assistance is provided otherwise complies with the requirements of this chapter.
(1) Sends notice of the delinquency upon which the lien is based as follows:
(A) By United States mail to the address of the real property. The notice required by this clause must include the following:
(i) The amount of the delinquency, including any applicable penalties for the delinquency, and the number of days the account is delinquent.
(ii) A statement that payment is due not later than thirty (30) days after the date of the notice, along with
instructions for how payment may be made.
(iii) A statement that a lien will not attach to the
property, and that collection charges, attorney's fees, or
other charges will not be assessed, if the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the board or the board's
designee not later than thirty (30) days after the date of
the notice.
(B) If the property is occupied by someone other than the
owner, by certified mail, return receipt requested, or by an
equivalent service permitted under IC 1-1-7-1, to the
owner, at the address described in subsection (c). The
notice required by this clause is in addition to the notice
required to be sent to the address of the real property
under clause (A). The notice required by this clause must
include the following:
(i) The amount of the delinquency, including any
applicable penalties for the delinquency, and the number
of days the account is delinquent.
(ii) A statement that notice of the delinquency, along
with a demand for payment, has been sent to the address
of the real property, as required under clause (A).
(iii) A statement that payment is due not later than thirty
(30) days after the date of the notice, along with
instructions for how payment may be made.
(iv) A statement that a lien will not attach to the
property, and that collection charges, attorney's fees, or
other charges will not be assessed, if the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the board or the board's
designee not later than thirty (30) days after the date of
the notice.
The cost of sending notice to the owner under this clause is
an administrative cost that may be billed to the owner. A
notice required by this clause shall be sent at the same time
the notice is sent to the address of the real property under
clause (A), subject to the requirements of this subdivision.
A notice required by this subdivision must be sent according
to the schedule by which the board first sends notice of
delinquent fees under the board's normal billing procedures,
but not later than thirty (30) days after the date the fees first
become delinquent.
(2) If the fees remain delinquent after the notice or notices required by subdivision (1) have been sent, sends notice of the continuing delinquency as follows:
(A) By United States mail to the address of the real property. The notice required by this clause must include the following:
(i) The amount of the continuing delinquency, including any applicable penalties for the delinquency, and the number of days the account is delinquent.
(ii) A statement that payment is due not later than fifteen (15) days after the date of the notice, along with instructions as to how the payment may be made.
(iii) A statement that the property will be subject to a lien, and that collection charges, attorney's fees, or other charges may be assessed, unless the amount of the delinquency, including any applicable penalties for the delinquency, is received by the board or the board's designee not later than the date specified in item (ii). The statement must inform the recipient that the lien will attach when notice of the lien is filed in the county recorder's office, and that the lien will be released when the delinquent fees, penalties, service charges, and recording fees have been fully paid.
(B) If the property is occupied by someone other than the owner, by certified mail, return receipt requested, or by an equivalent service permitted under IC 1-1-7-1, to the owner, at the address described in subsection (c). The notice required by this clause is in addition to the notice required to be sent to the address of the real property under clause (A). The notice required by this clause must include the following:
(i) The amount of the continuing delinquency, including any applicable penalties for the delinquency, and the number of days the account is delinquent.
(ii) A statement that notice of the continuing delinquency, along with a demand for payment, has been sent to the address of the real property, as required under clause (A).
(iii) A statement that payment is due not later than fifteen (15) days after the date of the notice, along with instructions for how payment may be made.
(iv) A statement that the property will be subject to a
lien, and that collection charges, attorney's fees, or other
charges may be assessed, unless the amount of the
delinquency, including any applicable penalties for the
delinquency, is received by the board or the board's
designee not later than the date specified in item (iii).
The statement must inform the owner that the lien will
attach when notice of the lien is filed in the county
recorder's office, and that the lien will be released when
the delinquent fees, penalties, service charges, and
recording fees have been fully paid.
The cost of sending notice to the owner under this clause is
an administrative cost that may be billed to the owner. A
notice required by this clause must be sent at the same time
the notice is sent to the address of the real property under
clause (A), subject to the requirements of this subdivision.
A notice required by this subdivision must be sent according
to the schedule by which the board sends notice of continuing
delinquencies under the board's normal billing procedures,
but not later than sixty (60) days after the date the fees first
become delinquent.
(c) The board or the board's designee shall send the notices
required by subsection (b)(1)(B) and (b)(2)(B) to the following
address:
(1) The address to which the owner has instructed, in writing,
the board to direct any:
(A) notice of delinquency under this section; or
(B) other notices;
concerning the property.
(2) If the owner has not provided the board with an address
under subdivision (1), the last address of the owner for the
property as indicated in the records of the county auditor on
the date of the notice. The notice shall be sent to the owner of
record of real property with a single owner, or to at least one
(1) of the owners of real property with multiple owners.
(b) Subject to subsection (c), if a fee established is not paid within
one (1) monthly billing cycle after it is due, the board or its designee
shall send notice, by United States mail, to the delinquent user, the
address of the property served by the district's sewage works,
stating:
(1) the delinquent amount due, together with any penalty;
(2) that water service may be disconnected if the user continues
not to pay the delinquency and any penalty are not paid; and
(3) the procedure for resolving disputed bills.
The municipality shall provide by ordinance a procedure for resolving
disputed bills that includes an opportunity for a delinquent user or the
owner of the property served, if the owner is different from the
user, to meet informally with designated personnel empowered to
correct incorrect charges. Payment of a disputed bill and penalties by
a user or the owner of the property served does not constitute a
waiver of rights to subsequently claim and recover from the
municipality sums improperly charged to the user.
(c) If fees that have been assessed against real property occupied
by someone other than the owner become delinquent under
subsection (a), the board or the board's designee shall send, by
certified mail, return receipt requested, or by an equivalent service
permitted under IC 1-1-7-1, a copy of the notice required by
subsection (b) to the owner of the real property against which the
fees have been assessed. The board or the board's designee shall
send the copy of the notice to the owner at the same time that the
board or the board's designee sends under subsection (b) the notice
to the address of the real property served by the sewage works. The
board or the board's designee shall send the copy of the notice
required by this subsection to the following address:
(1) The address to which the owner has instructed, in writing,
the board to direct any:
(A) notices of delinquency under this section; or
(B) other notices;
concerning the property.
(2) If the owner has not provided the board with an address
under subdivision (1), the last address of the owner for the
property as indicated in the records of the county auditor on
the date of the notice. The notice must be sent to the owner of
record of real property with a single owner, or to at least one
(1) of the owners of real property with multiple owners.
(c) (d) If the user or the owner of the real property fails to pay the
delinquent amount or otherwise resolve the charges as specified in
subsection (a), the board or its designee shall give written notice to the
water utility serving the user to discontinue water service to the
premises designated in the notice until notified otherwise. The notice
must identify the delinquent sewer user premises in enough detail to
enable the water utility to identify the water service connection that is
to be terminated. Upon receipt of the notice, the water utility shall
disconnect water service to the user. premises.
(d) (e) Water service may not be shut off under this section if a local
board of health has found and certified to the municipality that the
termination of water service will endanger the health of the user and
others in the municipality.
(e) (f) The water utility that discontinues water service in
accordance with an order from the board or its designee does not incur
any liability except to the extent of its own negligence or improper
conduct.
(f) (g) If the water utility does not discontinue service within thirty
(30) days after receiving notice from the municipality, the utility is
liable for any user fees incurred thirty (30) days after receipt of notice
to discontinue water service and that are not collected. from the user.
(1) the unit's legislative body has adopted an ordinance under IC 36-7-10.1-3, before its amendment by this act; and
(2) the ordinance described in subdivision (1) does not comply with IC 36-7-10.1-3, as amended by this act, as of the effective date of the amendments to IC 36-7-10.1-3 made by this act.
(b) As used in this SECTION, "unit" means a unit (as defined in IC 36-1-2-23) other than a township.
(c) Not later than September 1, 2011, a unit to which this SECTION applies shall:
(1) amend the ordinance described in subsection (a) to comply IC 36-7-10.1-3, as amended by this act; or
(2) adopt a new ordinance under IC 36-7-10.1-3, as amended by this act.
(d) This SECTION expires January 1, 2013.
