reglab/housing_qa huggingface dataset:
IN Code § 36-9-25-8 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-8. Certain Cities; Enabling Ordinances, Specifications of Purpose; Interim Board Members; Prior Approval of Bonds

Sec. 8. (a) This section applies to cities in a county having a population of more than one hundred twenty-five thousand (125,000) but less than one hundred thirty-five thousand (135,000).(b) The ordinance adopting this chapter must specify the purpose or purposes for which the district is established, which must be one (1) or more of the following:(1) To provide for the collection, treatment, and disposal of sanitary sewage and other water-carried wastes of the district.(2) To provide for the drainage of storm and surface water to relieve sanitary sewers of that water.(3) To reduce the pollution of watercourses in the district.(4) To provide for the collection and disposal of trash, garbage, and solid waste.If not all of these purposes are listed in the ordinance, one (1) or more of the remaining purposes may, by subsequent ordinance, be added to the purposes of the district.(c) After adoption of the ordinance, three (3) interim members of the board shall be appointed for terms until the January 1 following the adoption. On the January 1 following the adoption, members shall be appointed as provided in sections 3 and 4 of this chapter.(d) Bonds of the district may not be sold without the prior approval of the city legislative body. In addition, the legislative body must approve all budgets and tax levies of the district.[Pre-Local Government Recodification Citations: subsection (a) New; subsection (b) formerly 19-2-28.5-2; subsection (c) formerly 19-2-28.5-4; subsection (d) formerly 19-2-28.5-3 part.]As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1982, P.L.1, SEC.68; P.L.12-1992, SEC.184; P.L.170-2002, SEC.170; P.L.119-2012, SEC.232.
IN Code § 36-9-25-9 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-9. Jurisdiction of Board

Sec. 9. The board shall manage and control all sewage works of the district. The board has concurrent power with the works board of the municipality to construct, reconstruct, maintain, repair, and regulate the use of all connecting and intercepting sewers. The board shall collect and remove garbage, ashes, and other waste materials to prevent the pollution of watercourses within the district and to protect the public health. The board may purchase, acquire, construct, reconstruct, operate, repair, and maintain all sewage works.[Pre-Local Government Recodification Citations: 19-2-6-1 part; 19-2-14-3 part.]As added by Acts 1981, P.L.309, SEC.98.
IN Code § 36-9-25-11.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-11.1. Deposits to Secure Payment of Fees

Sec. 11.1. In a consolidated city, the board may also require the users of the sewage service to make a reasonable deposit in advance of a connection or reconnection to the sewerage system to secure payment of the fees. The deposit may not exceed thirty-three percent (33%) of the estimated annual cost of the service for a particular user.As added by P.L.349-1985, SEC.1.
IN Code § 36-9-25-11.2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-11.2. Fees; Notice of Delinquency

Sec. 11.2. If a fee established under section 11 of this chapter is not paid within the time fixed by the board, a copy of any notice of delinquency sent to a delinquent user who is a tenant must be sent to the owner of the property occupied by the tenant at the latest address of the owner as shown on the property tax records of the county in which the property is located.As added by P.L.237-1997, SEC.1. Amended by P.L.257-2019, SEC.164.
IN Code § 36-9-25-11.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-11.5. Discontinuance of Water Service; Disputed Bills; Notice; Liability of Utility

Sec. 11.5. (a) As an alternative to the penalties provided in section 11 of this chapter, the board may require that the water utility providing water service to a delinquent user discontinue service until payment of all overdue user fees, together with any penalties provided in this section, are received by the municipality.(b) If a fee established is not paid within the time fixed by the board, the board or its designee shall send notice to the delinquent user 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; 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 to meet informally with designated personnel empowered to correct incorrect charges. Payment of a disputed bill and penalties by a user does not constitute a waiver of rights to subsequently claim and recover from the municipality sums improperly charged to the user.(c) If the user 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 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.(d) 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) 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) If the water utility does not discontinue service within the time fixed by the board after receiving notice from the municipality, the utility is liable for any user fees incurred after receipt of notice to discontinue water service and that are not collected from the user.As added by P.L.349-1985, SEC.2. Amended by P.L.55-1988, SEC.14; P.L.64-1989, SEC.4; P.L.93-1993, SEC.9; P.L.98-1993, SEC.6; P.L.257-2019, SEC.165.
IN Code § 36-9-25-11.7 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-11.7. Overdue User Fees; Ordinance to Expense as Bad Debts

Sec. 11.7. A municipality may, by ordinance, establish a procedure to expense as bad debt overdue user fees, together with any penalties provided under this chapter, if the amount of fees and penalties involved does not exceed two hundred dollars ($200).As added by P.L.55-1988, SEC.15. Amended by P.L.21-2017, SEC.3.
IN Code § 36-9-25-12 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-12. Basis of Fees; Measurement of Water and Sewage Usage

Sec. 12. (a) The fees for the treatment and disposal of sewage may be based on:(1) a flat charge for each sewer connection;(2) the amount of water used on the premises;(3) the number and size of water outlets on the premises;(4) the amount, strength, or character of sewage discharged into the sewers;(5) the size of sewer connections; or(6) any combination of these factors or other factors that the board determines necessary in order to establish just and equitable rates and charges.(b) The board may enter into contracts with a water utility furnishing water service to users or property served in the district relative to:(1) ascertaining the amount of water consumed;(2) the computation of the amount of charge to be billed to each user or property served;(3) the billing and collection of the amounts; and(4) the discontinuance of water service to delinquent users as provided in section 11.5 of this chapter.(c) As an alternative to subsection (b), the board may require a water utility furnishing water service to users or property served in the district to perform the functions listed in subsection (b). If the water utility and the board do not agree upon the reasonable compensation to be paid to the water utility for the services described in subsection (b), the board or the water utility may apply to the utility regulatory commission to establish the reasonable compensation for the services. Upon receipt of an application, the utility regulatory commission, after notice to the water utility and the board and after a hearing, shall establish the reasonable compensation to be paid for the services. The water utility shall then render the services described in return for the compensation fixed.(d) If a person owns or occupies real property that is connected to the sewage works and either directly or indirectly uses water obtained from a source other than a water utility that is not measured by a water meter acceptable to the board, then the board may require the person, at the person's own expense, to furnish, install, and maintain a water or sewage measuring device acceptable to the board.[Pre-Local Government Recodification Citations: subsection (a) formerly 19-2-14-5 part; 19-2-20-4; 19-2-20-5; subsection (b) formerly 19-2-14-5 part; subsection (c) formerly 19-2-20-8; subsection (d) formerly 19-2-20-10.]As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.349-1985, SEC.3; P.L.23-1988, SEC.129; P.L.127-2017, SEC.318.
IN Code § 36-9-25-13 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-13. Authorized Actions; Regulation of Kinds or Amounts of Chemicals and Strengths of Waste and Other Substances Detrimental to Sewage Works

Sec. 13. (a) The board, in the name of the municipality, may bring an action to recover damages for:(1) the breach of an agreement, express or implied, relating to the construction, management, or repair of sewage works under its control, including real property; or(2) injury to the personal or real property used in the sanitary disposal of sewage in a municipality located within the district.(b) The board may recover possession of property, may bring an action for the specific performance of an agreement, and may use, in the name of the municipality, any legal or equitable remedy necessary to protect and enforce the rights and perform the duties of the department.(c) The board may establish limits on the kinds or amounts of chemicals and the strength of the waste or other substances the board considers detrimental to the sewage works. If a person discharges sewage into the sewage works that exceeds limits set by the board, the board may order the person to cease using the sewage works upon a hearing with notice. However, if evidence indicates a public health hazard is being created, the board may summarily order the person to cease without notice or hearing. Orders of the board may be enforced by bringing an action to enjoin discharges into the sewer works in any court in the county having jurisdiction to hear equity actions. A person aggrieved by an order of the board is entitled to appeal the order to the circuit or superior court of the county in which the city is located. If an order is given without notice, an appeal must be perfected within ten (10) days after receipt of the order or the right to appeal is considered waived.(d) The board of a department in a district described in section 3(b)(2) of this chapter may bring an action in the name of:(1) a municipality in the district with the approval of the executive of the municipality; or(2) the district, with the approval of the board.[Pre-Local Government Recodification Citations: subsections (a), (b) formerly 19-2-14-6; subsection (c) formerly 19-2-20-12.5.]As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.175-2006, SEC.25.
IN Code § 36-9-25-16 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-16. Tax Levies; Liability of Disannexed and Newly Added Territory

Sec. 16. (a) If any bonds of the district are outstanding, and until they are fully paid, all property included within the district at the time the bonds were issued and sold remains subject to taxes levied and for its proportion of the indebtedness, notwithstanding that the property and territory may have been disannexed from the district.(b) Any property in territory added to the district, as a condition of the special benefits it receives, becomes liable for its proportion of all taxes levied to pay all bonds of the special taxing district that are either outstanding or are later issued and sold. The proportion of taxation shall be determined in the same manner as when territory is annexed to a municipality under IC 36-4-3.[Pre-Local Government Recodification Citation: 19-2-14-7 part.]As added by Acts 1981, P.L.309, SEC.98.
IN Code § 36-9-25-17 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-17. Payment of Preliminary Expenses

Sec. 17. (a) All preliminary expenses actually incurred by the board in providing necessary records, giving notice, employing clerks, engineers, attorneys, and other employees, making surveys, and all other expenses that must be paid before the issue and sale of the bonds under section 27 of this chapter, and before the collection of taxes levied under section 32 of this chapter, shall be met and paid according to this section. The board shall, from time to time, certify items of expense to the municipal fiscal officer, directing the municipal fiscal officer to pay those amounts. The fiscal officer shall at once draw the fiscal officer's warrant, with the warrant to be paid out of the unappropriated part of the general fund of the municipality, without a special appropriation being made by the municipal legislative body.(b) If there is no unappropriated money in the general fund, the fiscal officer shall recommend to the legislative body either the temporary transfer from other funds of the municipality of a sufficient amount to meet the items of expense, or the making of a temporary loan for this purpose. The legislative body shall, at once, make the transfer or authorize the temporary loan in the same manner that other temporary loans are made by the municipality. However, the fund or funds of the municipality from which payments are made must be fully reimbursed and repaid by the board:(1) out of the first proceeds of the sale of bonds to the extent that expenses paid are chargeable to the cost of acquiring land or the construction of a work under a resolution adopted and confirmed under section 18 of this chapter; or(2) out of the fund raised by taxation under section 32 of this chapter to the extent that expenses paid are in the nature of a general expense of the board.[Pre-Local Government Recodification Citation: 19-2-14-8.]As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.127-2017, SEC.320.
IN Code § 36-9-25-19 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-19. Construction of Sewage Works; Special Tax

Sec. 19. After final action of the board or of the court confirming the resolution in its original or a modified form, all property located within the boundaries of the district is subject to a special tax to provide money to pay the total cost of the construction of the sewage works, including the acquisition of all necessary land or rights-of-way as described in the resolution of the board and all necessary incidental expenses. The special tax constitutes the amount of benefits resulting to the property from the proceedings and shall be levied as provided in this chapter.[Pre-Local Government Recodification Citation: 19-2-14-11.]As added by Acts 1981, P.L.309, SEC.98.
IN Code § 36-9-25-20 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-20. Construction of Sewage Works; Condemnation; List of Affected Property and Owners

Sec. 20. If the resolution provides for the appropriation of property or rights-of-way, after final action by the board or by the court on appeal, the board shall have prepared a list of all the owners or holders of property and of interests sought to be taken or that will be injuriously affected. The list must also show with reasonable certainty a description of the property to be appropriated or injuriously affected belonging to those persons or owners, and this certainty in names and descriptions need not exceed that required in the assessment of taxes.[Pre-Local Government Recodification Citation: 19-2-14-12.]As added by Acts 1981, P.L.309, SEC.98.
IN Code § 36-9-25-21 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-21. Construction of Sewage Works; Award of Damages for Taking of Property; Notification of Owners

Sec. 21. (a) After completion of the list, the board shall consider, determine, and award the damages sustained by the owners of the parcels of land or rights-of-way required to be taken and appropriated or that will be injuriously affected. When the awards are completed, the board shall have a written notice served upon the owner of each piece of property, showing the amount of the award, by leaving a copy at the owner's last usual place of residence in the municipality or county or by delivering the copy to the owner personally.(b) If the person is a nonresident, or if the person's residence is unknown, the person shall be notified by publication in accordance with IC 5-3-1. The notice must name a date on which the board shall receive or hear remonstrances from persons regarding the amount of their respective awards of damages. Persons not included in the lists of awards, but claiming to be entitled to them, are considered to have been notified of the pendency of the proceedings by the original notice of the resolution of the board as provided in section 18 of this chapter.[Pre-Local Government Recodification Citation: 19-2-14-13.]As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.45, SEC.69; P.L.127-2017, SEC.322.
IN Code § 36-9-25-22 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-22. Construction of Sewage Works; Condemnation Awards; Mentally Incompetent Persons

Sec. 22. (a) If a person having an interest in land affected by the proceedings is mentally incompetent or under eighteen (18) years of age, the board shall certify that fact to its attorney.(b) The attorney shall apply to the proper court and secure the appointment of a guardian for that person. The board shall then give notice to the guardian, who shall appear and protect the interest of the protected person. However, if the mentally incompetent person or person under eighteen (18) years of age already has a guardian, the notice may be served upon that guardian. The requisites of notice to the guardian are the same as for other notices.(c) If there are defects or irregularities in the proceedings with respect to one (1) or more interested persons, they do not affect the proceedings unless they touch the interests or property of the person or persons and do not affect any other person. If a defect does exist, supplementary proceedings may be had in order to supply them.[Pre-Local Government Recodification Citation: 19-2-14-14.]As added by Acts 1981, P.L.309, SEC.98. Amended by P.L.33-1989, SEC.128.
IN Code § 36-9-25-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-23. Construction of Sewage Works; Condemnation Awards; Remonstrances; Hearings

Sec. 23. (a) A person notified or considered to be notified under the preceding sections of this chapter may appear before the board on the day fixed for hearing remonstrances regarding awards and remonstrate in writing against them. All persons appearing before the board who have an interest in land or rights-of-way to be appropriated or injuriously affected must be given a hearing.(b) After the remonstrances have been received and the hearing held, the board shall either sustain the awards or modify the awards by increasing or decreasing them.(c) A person remonstrating in writing who is aggrieved by the decision of the board may, within ten (10) days after the decision, take an appeal to the circuit or superior court in the county in which the municipality is located. The appeal affects only the amount of the award of the person appealing.[Pre-Local Government Recodification Citation: 19-2-14-15.]As added by Acts 1981, P.L.309, SEC.98.
IN Code § 36-9-25-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 25. Sanitation Department in Certain Cities|36-9-25-24. Construction of Sewage Works; Condemnation Awards; Appeals

Sec. 24. (a) An appeal may be taken by filing an original complaint in court against the board stating the action of the board regarding the award and stating the facts relied upon as showing an error on the part of the board. The court shall hear the matter of the award de novo and confirm, decrease, or increase the award. The cause shall be tried by the court without a jury as other civil cases are tried.(b) All appeals shall be heard and determined by the court within thirty (30) days after the appeal is filed. The plaintiff in the appeal may recover costs only if the court increases the amount of damages awarded in favor of the property owner by ten percent (10%) or more.[Pre-Local Government Recodification Citation: 19-2-14-16.]As added by Acts 1981, P.L.309, SEC.98. Amended by Acts 1981, P.L.317, SEC.24.