Bill Text: IN HB1573 | 2013 | Regular Session | Introduced
Bill Title: Sewer and storm water fees incurred by tenants.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-01-23 - First reading: referred to Committee on Judiciary [HB1573 Detail]
Download: Indiana-2013-HB1573-Introduced.html
Citations Affected: IC 8-1.5-5; IC 36-9.
Synopsis: Sewer and storm water fees incurred by tenants. Provides
that if: (1) property served by municipal sewage or storm water works
is occupied by a tenant; and (2) either the property owner or tenant
submits to the entity assessing user fees for the property a rental
agreement, a lease, or a contract that: (A) is executed by the property
owner and the tenant; (B) identifies the tenant by name; and (C)
indicates that the tenant is responsible for paying the user fees for the
property; the assessing entity shall establish or continue service to the
property in the name of the tenant and shall ensure that the account or
other customer or billing records for the property are in the name of the
tenant, subject to any requirement for a deposit, or to any requirement
to ensure the creditworthiness of the customer, that the assessing entity
may lawfully impose. Provides that a lien does not attach for user fees
assessed against real property occupied by a tenant if either of the
following applies: (1) The assessing entity: (A) has received a rental
agreement, a lease, or a contract indicating the tenant is responsible for
paying the user fees; and (B) maintains the account or other customer
or billing records for the property in the name of the tenant. (2) The
account or other customer or billing records for the property
maintained by the assessing entity otherwise indicate that: (A) the
property is occupied by someone other than the owner; and (B) the
person occupying the property is responsible for paying the user fees
assessed with respect to the property. Requires the assessing entity to
release: (1) any lien filed with the county recorder for user fees
assessed against real property occupied by a tenant; and (2) delinquent
user fees incurred by the tenant responsible for paying the fees; upon
receipt of a verified demand in writing from the property owner.
Effective: July 1, 2013.
January 23, 2013, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning local
government.
(1) proceeds of special taxing district bonds of the storm water district;
(2) the assumption of liability incurred to construct the storm water system being acquired;
(3) service rates;
(4) revenue bonds; or
(5) any other available funds.
(b) Except as provided in IC 36-9-23-37, the board, after holding a public hearing with notice given under IC 5-3-1 and obtaining the approval of the fiscal body of the unit served by the department, may assess and collect user fees from all of the property of the storm water district for the operation and maintenance of the storm water system.
The amount of the user fees must be the minimum amount necessary
for the operation and maintenance of the storm water system. The
assessment and collection of user fees under this subsection by the
board of a county must also be approved by the county executive.
(c) Subject to section 7.1 of this chapter, the collection of the fees
authorized by this section may be effectuated through a periodic billing
system or through a charge appearing on the semiannual property tax
statement of the affected property owner.
(d) The board shall use one (1) or more of the following factors to
establish the fees authorized by this section:
(1) A flat charge for each lot, parcel of property, or building.
(2) The amount of impervious surface on the property.
(3) The number and size of storm water outlets on the property.
(4) The amount, strength, or character of storm water discharged.
(5) The existence of improvements on the property that address
storm water quality and quantity issues.
(6) The degree to which storm water discharged from the property
affects water quality in the storm water district.
(7) Any other factors the board considers necessary.
(e) The board may exercise reasonable discretion in adopting
different schedules of fees or making classifications in schedules of
fees based on:
(1) variations in the costs, including capital expenditures, of
furnishing services to various classes of users or to various
locations;
(2) variations in the number of users in various locations; and
(3) whether the property is used primarily for residential,
commercial, or agricultural purposes.
(b) If:
(1) the collection of user fees under section 7 of this chapter is made through a periodic billing system, as authorized by section 7(c) of this chapter; and
(2) either the owner of real property to which this section applies or the person occupying the property submits to the department a copy of a rental agreement, a lease, or a contract that:
(A) is executed by the property owner and the person
occupying the property;
(B) identifies the person occupying the property by name;
and
(C) indicates that the person occupying the property is
responsible for paying the user fees assessed by the board
with respect to the property;
the department shall establish or continue service to the property
in the name of the person occupying the property, as identified
under subdivision (2)(B), and shall ensure that the account or other
customer or billing records maintained by the department for the
property are in the name of the person occupying the property,
subject to any requirement for a deposit to ensure the payment of
user fees, or to any requirement to ensure the creditworthiness of
the account holder or customer, that the board may lawfully
impose.
(b) Except as provided in subsection (d), 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 subsections (c) and (d), the lien attaches when notice of the lien is filed in the county recorder's office under section 30 of this chapter.
(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 only if the department notifies the owner
department written notice of the address to which to send notice. A lien
does not attach for user fees assessed against real property
occupied by someone other than the owner if either of the following
applies:
(1) The department:
(A) has received a copy of a rental agreement, a lease, or a
contract described in section 7.1(b)(2) of this chapter with
respect to the property; and
(B) maintains the account or other customer or billing
records for the property in the name of the person
occupying the property, as required by section 7.1 of this
chapter.
(2) The account or other customer or billing records
maintained by the department for the property otherwise
indicate that:
(A) the property is occupied by someone other than the
owner; and
(B) the person occupying the property is responsible for
paying the user fees assessed by the department with
respect to the property.
(e) 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.
(f) Regardless of whether the department has notice under
subsection (d)(1) or (d)(2) that real property is occupied by
someone other than the owner, the department shall release:
(1) any lien filed with the county recorder for user fees
assessed against real property occupied by someone other
than the owner; and
(2) delinquent user fees incurred by the person who occupies
the property and is responsible for paying the user fees
assessed by the department with respect to the property;
upon receipt of a verified demand in writing from the owner of the
property. The demand must state that the delinquent fees were not
incurred by the owner as a user of the storm water system and that
the owner has not been paid by the person occupying the property
for the delinquent user fees.
(1) the property is occupied by someone other than the owner; and
(2) the person occupying the property is responsible for paying the user fees assessed by the department with respect to the property;
subsections (c) through (e) and subsections (g) through (k) do not apply to unpaid user fees and penalties assessed against the property under this chapter.
(b) The board 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. However, in the case of real property that is occupied by someone other than the owner and for which the owner has given the department written notice of an address to which to send notice of delinquent fees with respect to the property, this subsection does not relieve the department of its duty under section 29(d) of this chapter to notify the owner not later than twenty (20) days after the time user fees become sixty (60) days delinquent.
(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.
mail by certified mail, or by another delivery service providing proof
of delivery, 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), (f), shall be added to each delinquent fee that is
recorded.
(d) (e) Using the lists and instruments prepared under subsection (b)
(c) and recorded under subsection (c), (d), the board shall, not later
than ten (10) days after the list or each individual instrument is
recorded under subsection (c), (d), certify to the county auditor a list of
the liens that remain unpaid for collection in not later than the due
date of the next May installment of property taxes, as specified in
subsection (g). The county and its officers and employees are not liable
for any material error in the information on this list.
(e) (f) The board shall release any recorded lien when either of the
following occurs:
(1) The delinquent fees, penalties, service charges, and recording
fees have been fully paid. The county recorder shall charge a fee
for releasing the a lien under this subdivision in accordance with
IC 36-2-7-10.
(2) A verified demand has been filed with the county auditor
under section 29(e) or 29(f) of this chapter. The county
recorder may not charge a fee for releasing a lien under this
subdivision.
(f) (g) Upon receipt of the list under subsection (c), (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. 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) (h) After certification of liens under subsection (d), (e), 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) (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.
(i) (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
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) (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 29(e) of this
chapter, files a verified demand with the county auditor.
(l) User fees, penalties, and service charges assessed against real
property occupied by someone other than the owner, regardless of
whether the department has notice under section 29(d)(1) or
29(d)(2) of this chapter that real property is occupied by someone
other than the owner, shall be removed from the tax roll for an
owner who, in the manner prescribed by section 29(f) of this
chapter, files a verified demand with the county auditor.
(k) (m) A board may write off a fee or penalty under subsection (a)
(b) that is:
(1) less than forty dollars ($40); or
(2) removed from the tax roll under subsection (k) or (l).
(b) Except as otherwise provided by this chapter, actions under this chapter are subject to the general statutes regarding municipal public improvement assessments.
(b) Just and equitable fees are the fees required to maintain the
sewage works in the sound physical and financial condition necessary
to render adequate and efficient service. The fees must be sufficient to:
(1) pay all expenses incidental to the operation of the works,
including legal expenses, maintenance costs, operating charges,
repairs, lease rentals, and interest charges on bonds or other
obligations;
(2) provide the sinking fund required by section 21 of this
chapter;
(3) provide adequate money to be used as working capital; and
(4) provide adequate money for improving and replacing the
works.
Fees established after notice and hearing under this chapter are
presumed to be just and equitable.
(c) Subject to section 25.1 of this chapter, the fees are payable by
the owner of each lot, parcel of real property, or building that:
(1) is connected with the sewage works by or through any part of
the municipal sewer system; or
(2) uses or is served by the works.
Unless the municipal legislative body finds otherwise, the works are
considered to benefit every lot, parcel of real property, or building
connected or to be connected with the municipal sewer system as a
result of construction work under the contract, and the fees shall be
billed and collected accordingly.
(d) The municipal legislative body may use one (1) or more of the
following factors to establish the fees:
(1) A flat charge for each sewer connection.
(2) The amount of water used on the property.
(3) The number and size of water outlets on the property.
(4) The amount, strength, or character of sewage discharged into
the sewers.
(5) The size of sewer connections.
(6) Whether the property has been or will be required to pay
separately for any part of the sewage works.
(7) Whether the property, although vacant or unimproved, is
benefited by a local or lateral sewer because of the availability of
that sewer. However, the owner must have been notified, by
recorded covenants and restrictions or deed restrictions in the
chain of title of his property, that a fee or assessment for sewer
availability may be charged, and the fee may reflect only the
capital cost of the sewer and not the cost of operation and
maintenance of the sewage works.
(8) The cost of collecting, treating, and disposing of garbage in a
sanitary manner, including equipment and wages.
(9) The amount of money sufficient to compensate the
municipality for the property taxes that would be paid on the
sewage works if the sewage works were privately owned.
(10) Any other factors the legislative body considers necessary.
Fees collected under subdivision (8) may be spent for that purpose only
after compliance with all provisions of the ordinance authorizing the
issuance of the revenue bonds for the sewage works. The board may
transfer fees collected in lieu of taxes under subdivision (9) to the
general fund of the municipality.
(e) The municipal legislative body may exercise reasonable
discretion in adopting different schedules of fees, or making
classifications in schedules of fees, based on variations in:
(1) the costs, including capital expenditures, of furnishing
services to various classes of users or to various locations; or
(2) the number of users in various locations.
(b) If either the owner of real property to which this section applies or the person occupying the property submits to the utility a copy of a rental agreement, a lease, or a contract that:
(1) is executed by the property owner and the person occupying the property;
(2) identifies the person occupying the property by name; and
(3) indicates that the person occupying the property is responsible for paying the user fees assessed by the utility with respect to the property;
the utility shall establish or continue service to the property in the name of the person occupying the property, as identified under subdivision (2), and shall ensure that the account or other customer or billing records maintained by the utility for the property are in the name of the person occupying the property, subject to any requirement for a deposit to ensure the payment of user fees imposed under section 28 of this chapter, or to any requirement to ensure the creditworthiness of the account holder or customer that the municipality may lawfully impose.
subsection (c), fees assessed against real property under this chapter
or under any statute repealed by IC 19-2-5-30 constitute a lien against
the property assessed. The lien is superior to all other liens except tax
liens. Except as provided in subsections (b) and (c), the lien attaches
when notice of the lien is filed in the county recorder's office under
section 33 of this chapter.
(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 occupied by someone other
than the owner only if the utility notified notifies the owner within not
later than twenty (20) days after the time the utility fees became
become sixty (60) days delinquent. However, the utility is required to
give notice of the delinquency to the owner only if the owner has
given the general office of the utility written notice of the address to
which the owner's notice is to be sent. A notice sent to the owner under
this subsection 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. the address specified by the owner in the
owner's written notice to the utility. The cost of sending notice under
this subsection is an administrative cost that may be billed to the
owner. A lien does not attach for user fees assessed against real
property occupied by someone other than the owner if either of the
following applies:
(1) The utility:
(A) has received a copy of a rental agreement, a lease, or a
contract described in section 25.1(b) of this chapter with
respect to the property; and
(B) maintains the account or other customer or billing
records for the property in the name of the person
occupying the property, as required by section 25.1 of this
chapter.
(2) The account or other customer or billing records
maintained by the utility for the property otherwise indicate
that:
(A) the property is occupied by someone other than the
owner; and
(B) the person occupying the property is responsible for
paying the user fees assessed by the utility with respect to
the property.
(d) The municipality 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.
(e) Regardless of whether the utility has notice under subsection
(c)(1) or (c)(2) that real property is occupied by someone other
than the owner, the utility shall release:
(1) any lien filed with the county recorder for user fees
assessed against real property occupied by someone other
than the owner; and
(2) delinquent user fees incurred by the tenant or person who
occupies the property and is responsible for paying the user
fees assessed by the utility with respect to the property;
upon receipt of a verified demand in writing from the owner of the
property. The demand must state that the delinquent fees were not
incurred by the owner as a user of the sewage works and that the
owner has not been paid by the tenant or person occupying the
property for the delinquent user fees.
(1) the property is occupied by someone other than the owner; and
(2) the person occupying the property is responsible for paying the user fees assessed by the utility with respect to the property;
as described in section 32(c) of this chapter, subsections (c) through
(f) and subsections (h) through (l) do not apply to unpaid user fees
and penalties assessed against the property under this chapter.
(b) An officer described in subsection (b) (c) 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. However, in the case of real property that is
occupied by someone other than the owner and for which the
owner has given the utility written notice of an address to which to
send notice of delinquent fees with respect to the property, this
subsection does not relieve the department of its duty under section
32(c) of this chapter to notify the owner not later than twenty (20)
days after the time user fees become sixty (60) days delinquent.
(b) (c) Except as provided in subsection (l), (n), 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) (d) 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. The officer shall then mail 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), (g), shall be added to each
delinquent fee that is recorded.
(d) (e) This subsection applies only to a county containing a
consolidated city. Using the lists and instruments prepared under
subsection (b) (c) and recorded under subsection (c), (d), 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) (f) This subsection applies to a county not described in
subsection (e). Using the lists and instruments prepared under
subsection (b) (c) and recorded under subsection (c), (d), the officer
shall, not later than ten (10) days after the list or each individual
instrument is recorded under subsection (c), (d), certify to the county
auditor a list of the liens that remain unpaid for collection in not later
than the due date of the next May installment of property taxes. The
county and its officers and employees are not liable for any material
error in the information on this list.
(f) (g) The officer shall release any recorded lien when either of the
following occurs:
(1) The delinquent fees, penalties, service charges, and recording
fees have been fully paid. The county recorder shall charge a fee
for releasing the a lien under this subdivision in accordance with
IC 36-2-7-10.
(2) A verified demand has been filed with the county auditor
under section 32(d) or 32(e) of this chapter. The county
recorder may not charge a fee for releasing a lien under this
subdivision.
(g) (h) On receipt of the list under subsection (e), (f), 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 cycle's 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) (i) After certification of liens under subsection (e) (f), 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) (j) 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.
(m) User fees, penalties, and service charges assessed against real property occupied by someone other than the owner, regardless of whether the utility has notice under section 32(c)(1) or 32(c)(2) of this chapter that real property is occupied by someone other than the owner, shall be removed from the tax roll for an owner who, in the manner prescribed by section 32(e) of this chapter, files a verified demand with the county auditor.
(1) for less than forty dollars ($40); or
(2) removed from the tax roll under subsection (l) or (m).
(b) Except as otherwise provided by this chapter, actions under this chapter are subject to the general statutes regarding municipal public improvement assessments.
lot, parcel of real property, or building that is connected with and uses
the sewage works of the district by or through any part of the sewerage
system. This section applies to owners of property that is partially or
wholly exempt from taxation, as well as owners of property subject to
full taxation.
(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) Subject to subsection (i), 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.
(g) Except as provided in subsections (h) and (j), fees assessed
against real property under this section also constitute a lien against the
property assessed. The lien attaches at the time of the filing of the
notice of lien in the county recorder's office. The lien 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) This subsection applies to real property that is served by a
district's sewage works and occupied by someone other than the
owner. If either the owner of real property to which this subsection
applies or the person occupying the property submits to the board
a copy of a rental agreement, a lease, or a contract that:
(1) is executed by the property owner and the person
occupying the property;
(2) identifies the person occupying the property by name; and
(3) indicates that the person occupying the property is
responsible for paying the user fees assessed by the board
with respect to the property;
the board shall establish or continue service to the property in the
name of the person occupying the property, as identified under
subdivision (2), and shall ensure that the account or other customer
or billing records maintained by the board for the property are in
the name of the person occupying the property, subject to any
requirement for a deposit to ensure the payment of user fees, or to
any requirement to ensure the creditworthiness of the account
holder or customer, that the board may lawfully impose.
(j) A lien attaches for user fees assessed against real property
occupied by someone other than the owner only if the board
provides the notice required under section 11.2 of this chapter to
the owner at the latest address of the owner as shown on the
property tax records of the county in which the property is located.
However, a lien does not attach for user fees assessed against real
property occupied by someone other than the owner if either of the
following applies:
(1) The board:
(A) has received a copy of a rental agreement, a lease, or a
contract described in subsection (i) with respect to the
property; and
(B) maintains the account or other customer or billing
records for the property in the name of the person
occupying the property, as required by subsection (i).
(2) The account or other customer or billing records
maintained by the board for the property otherwise indicate
that:
(A) the property is occupied by someone other than the
owner; and
(B) the person occupying the property is responsible for
paying the user fees assessed by the board with respect to
the property.
(k) Regardless of whether the board has notice under subsection
(i)(1) or (i)(2) that real property is occupied by someone other than
the owner, the board shall release:
(1) any lien filed with the county recorder for user fees
assessed against real property occupied by someone other
than the owner; and
(2) delinquent user fees incurred by the tenant or person who
occupies the property and is responsible for paying the user
fees assessed by the board with respect to the property;
upon receipt of a verified demand in writing from the owner of the
property. The demand must state that the delinquent fees were not
incurred by the owner as a user of the sewage works and that the
owner has not been paid by the tenant or person occupying the
property for the delinquent user fees.
(i) (l) In addition to the:
(1) penalties under subsections (f) and (g); and or
(2) 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) (m) 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) (n) 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.
