Sec. 28. (a) The legislative body of a municipality that operates sewage works under this chapter may, by ordinance, require the owners, lessees, or users of property served by the works to pay a deposit to ensure payment of sewer fees.

     (b) The deposit required may not exceed the estimated average payment due from the property served by the sewage works for a three (3) month period. The deposit must be retained in a separate fund.

Terms Used In Indiana Code 36-9-23-28

  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (c) The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served:

(1) has been conveyed or transferred to another person; or

(2) no longer uses or is connected with any part of the municipal sewage system.

A statement under subdivision (1) must include the name and address of the person to whom the property is conveyed or transferred.

     (d) If a depositor fails to satisfy costs and fees within sixty (60) days after the termination of the depositor’s use or ownership of the property served, the depositor forfeits the depositor’s deposit and all accrued interest. The forfeited amount shall be applied to the depositor’s outstanding fees. Any excess that remains due after application of the forfeiture may be collected in the manner prescribed by section 31 or 32 of this chapter.

     (e) A deposit may be used to satisfy all or part of any judgment awarded the municipality under section 31 of this chapter.

     (f) A deposit made under this section that has remained unclaimed by the depositor for more than seven (7) years after the termination of the services for which the deposit was made becomes the property of the municipality. IC 32-34-1.5 (unclaimed property) does not apply to a deposit described in this subsection.

[Pre-Local Government Recodification Citation: 19-2-5-20 part.]

As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.236-1993, SEC.2; P.L.31-1995, SEC.8; P.L.2-2002, SEC.123; P.L.127-2017, SEC.315; P.L.141-2021, SEC.24.

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