reglab/housing_qa huggingface dataset:
IN Code § 36-9-23-23 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-23. Bonds; Enforcement Rights of Holders; Receivership

Sec. 23. (a) The rights granted by this section are subject to any restrictions contained in the ordinance authorizing the issuance of revenue bonds or in any trust indenture securing the bonds.(b) The holder of any revenue bonds or any coupons attached to them, and the trustee, if any, may, either at law or in equity, protect and enforce all rights granted by this chapter or under the ordinance or trust indenture, including the making and collecting of reasonable and sufficient fees for services rendered by the sewage works.(c) If the principal or interest of any of the revenue bonds is not paid on the date named in the bonds for payment, any court having jurisdiction of the action may appoint a receiver to administer the sewage works on behalf of the municipality, the bondholders, and the trustee, if any. The receiver may:(1) charge and collect fees sufficient to provide for the payment of the expenses of operation, repair, and maintenance of the works;(2) pay any revenue bonds and interest outstanding; and(3) apply the revenues in conformity with this chapter, the ordinance authorizing the bond issue, and the trust indenture, if any.[Pre-Local Government Recodification Citation: 19-2-5-17.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-24 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-24. Fees; Municipality Subject to Fees of Sewage Works

Sec. 24. The municipality is subject to the fees established under this chapter or to fees established in harmony with this chapter, for services rendered the municipality, and shall pay the fees when due. The fees are considered part of the revenues of the sewage works and are subject to the disposition authorized or required for other revenues of the works.[Pre-Local Government Recodification Citation: 19-2-5-18.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-26 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-26. Fees; Hearing; Notice; Adoption; Readjustment

Sec. 26. (a) After the introduction of the ordinance establishing fees under section 25 of this chapter, but before it is finally adopted, the municipal legislative body shall hold a public hearing at which users of the sewage works, owners of property served or to be served by the works, and other interested persons may be heard concerning the proposed fees. Notice of the hearing, setting forth the proposed schedule of fees, shall be:(1) published in accordance with IC 5-3-1;(2) mailed to owners of vacant or unimproved property if the ordinance includes a fee for sewer availability to vacant or unimproved property; and(3) mailed to users of the sewage works for service to property located outside the municipality's corporate boundaries.The notice may be mailed in any form so long as the notice of the hearing is conspicuous. The hearing may be adjourned from time to time. Notice mailed under subdivision (3) must include the statement required by IC 8-1.5-3-8.1(c).(b) After the hearing, the municipal legislative body shall adopt the ordinance establishing the fees, either as originally introduced or as modified. A copy of the schedule of fees adopted shall be kept on file and available for public inspection in the offices of the board and the municipal clerk. An ordinance adopted after March 31, 2012, that imposes different rates and charges on users of the works for service to property located outside the corporate boundaries of the municipality or to property located within the corporate boundaries of the municipality must state in plain language the percentage difference between the rates and charges, as required by IC 8-1.5-3-8.1(d).(c) Subject to section 37 of this chapter, the fees established for any class of users or property shall be extended to cover any additional property that is subsequently served and falls within the same class, without any hearing or notice.(d) The municipal legislative body may change or readjust the fees in the same manner by which they were established.(e) Fees collected under this chapter are considered revenues of the sewage works.[Pre-Local Government Recodification Citations: 19-2-5-19 part; 19-2-5-20 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by Acts 1981, P.L.45, SEC.62; P.L.77-1991, SEC.4; P.L.114-2008, SEC.30; P.L.139-2012, SEC.5.
IN Code § 36-9-23-26.1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-26.1. Objections to Rates and Charges; Bonds; Hearings

Sec. 26.1. (a) Owners of property connected or to be connected to and served by the sewage works authorized under this chapter may file a written petition objecting to the rates and charges of the sewage works so long as:(1) the petition contains the names and addresses of the petitioners;(2) the petitioners attended the public hearing provided under section 26 of this chapter;(3) the written petition is filed with the municipal legislative body within five (5) days after the ordinance establishing the rates and charges is adopted under section 26 of this chapter;(4) the written petition states specifically the ground or grounds of objection; and(5) the petitioners have not filed a petition with the commission under IC 8-1.5-3-8.3 appealing the same rates and charges of the utility.(b) Unless the objecting petition is abandoned, the municipal clerk shall file in the office of the clerk of the circuit or superior court of the county a copy of the rate ordinance or ordinances together with the petition. The court shall then set the matter for hearing at the earliest date possible, which must be within twenty (20) days after the filing of the petition with the court. The court shall send notice of the hearing by certified mail to the municipality and to the first signer of the petition at the address shown on the petition. All interested parties shall appear in the court without further notice, and the municipality may not conduct any further proceedings concerning the rates and charges until the matters presented by the petition have been heard and determined by the court.(c) At the discretion and upon direction of the court, the petitioners shall file with the petition a bond in the sum and with the security fixed by the court. The bond must be conditioned on the petitioners' payment of all or part of the costs of the hearing and any damages awarded to the municipality if the petition is denied, as ordered by the court.(d) Upon the date fixed in the notice, the court shall, without a jury, hear the evidence produced. The court may confirm the decision of the municipal legislative body or sustain the objecting petition. The order of the court is final and conclusive upon all parties to the proceeding and parties who might have appeared at the hearing, subject only to the right of direct appeal. All questions that were presented or might have been presented are considered to have been adjudicated by the order of the court, and no collateral attack upon the decision of the municipal legislative body or order of the court is permitted.(e) If the court sustains the petition, or if it is sustained on appeal, the municipal legislative body shall set the rates and charges in accordance with the decision of the court.As added by P.L.77-1991, SEC.5. Amended by P.L.139-2012, SEC.6.
IN Code § 36-9-23-27 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-27. Fees; Collection Upon Commencement of Construction; Amount

Sec. 27. After a contract for the construction of sewage works has been let and actual work has commenced, the municipality may bill and collect fees for the services to be rendered, in an amount sufficient to pay:(1) the interest on the revenue bonds; and(2) other expenses payable before the completion of the works.[Pre-Local Government Recodification Citation: 19-2-5-19 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-28 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-28. Deposit to Ensure Payment of Fees; Amount of Deposit; Refund; Forfeiture; Use to Pay Judgment; Unclaimed Deposits

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.(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.
IN Code § 36-9-23-28.5 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-28.5. Unclaimed Overpayments of Sewer Fees Becoming Property of Municipality

Sec. 28.5. (a) This section does not apply to a deposit made under section 28 of this chapter.(b) IC 32-34-1.5 does not apply to an overpayment described in subsection (d).(c) As used in this section, "payor" refers to the owner, lessee, or user of property served by the sewage works who has paid for service from the sewage works.(d) An overpayment of sewer fees that remains unclaimed by a payor for more than seven (7) years after the termination of the service for which the overpayment was made becomes the property of the municipality.As added by P.L.40-1996, SEC.12. Amended by P.L.2-2002, SEC.124; P.L.141-2021, SEC.25.
IN Code § 36-9-23-29 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-29. Connections to Sewer by Abutting Property; Approval Required; Fees; Liens; Disposition of Fees

Sec. 29. (a) If, as part of the construction of sewage works under this chapter, a municipality constructs a sewer suitable for use as a local or lateral sewer by abutting or adjoining property, it may charge a fee for connections to the sewer. The fee must be based on the pro rata cost of constructing a local or lateral sewer sufficient to serve the property.(b) The board may approve or disapprove applications for connections and may fix the amount of the connection fee.(c) A person who applies for a connection shall agree to pay the connection fee. If payment is not made as agreed, the fee constitutes a lien on the property for which the connection is made. Such a lien may be enforced in the manner prescribed by section 34 of this chapter.(d) The municipal legislative body shall determine by ordinance whether the proceeds of connection fees collected under this section and other laws are to be used as:(1) net revenues of the sewage works;(2) payment toward the cost of construction of the works; or(3) payment toward the cost of improving the works in the future.[Pre-Local Government Recodification Citation: 19-2-5-19 part.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-30 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-30. Municipal Power to Require Connections to Sewer and Discontinuance of Privies, Cesspools, Septic Tanks, and Similar Structures; Conditions; Penalties; Court Order; Attorney's Fees

Sec. 30. (a) Subject to subsection (b) and section 30.1 of this chapter, a municipality that operates sewage works under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) may require:(1) connection to its sewer system of any property producing sewage or similar waste; and(2) discontinuance of the use of privies, cesspools, septic tanks, and similar structures.(b) A municipality may exercise the powers granted by subsection (a) only if:(1) there is an available sanitary sewer within three hundred (300) feet of the property line of the affected property; and(2) it has given notice by certified mail to the property owner at the address of the property, at least ninety (90) days before the date specified for connection in the notice.(c) A municipality may establish, enforce, and collect reasonable penalties for failure to make a connection under this section.(d) A municipality may apply to the circuit or superior court for the county in which it is located for an order to require a connection under this section. The court shall assess the cost of the action and reasonable attorney's fees of the municipality against the property owner in such an action.[Pre-Local Government Recodification Citation: 19-2-5-22.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.3-1990, SEC.135; P.L.107-2016, SEC.8.
IN Code § 36-9-23-31 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-31. Fees; Nonpayment; Delinquency Penalty; Civil Action to Recover

Sec. 31. If fees assessed against real property under this chapter or any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of ten percent (10%) of the amount of the fees attaches to the delinquent fees. The amount of the fee, the penalty, and a reasonable attorney's fee may be recovered by the board in a civil action in the name of the municipality.[Pre-Local Government Recodification Citation: 19-2-5-23 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.3-1990, SEC.136.
IN Code § 36-9-23-32 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-32. Liens for Nonpayment of Fees; Priority; Attachment; Subsequent Owners; Property Not Occupied by Owner; Notice to Owner

Sec. 32. (a) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, fees assessed against real property under this chapter or under any statute repealed by IC 19-2-5-30 (repealed September 1, 1981) 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) Except as otherwise provided in a provision included in an ordinance under section 25(f)(3) of this chapter, a lien attaches against real property occupied by someone other than the owner only if the utility notifies the owner not later than twenty (20) days after the time the utility fees become sixty (60) days delinquent. A notice sent to the owner under this subsection must be sent by first class mail or 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 of the delinquency, or to another address specified by the owner, in a written notice to the utility, at which the owner requests to receive a notice of delinquency under this subsection. The cost of sending notice under this subsection is an administrative cost that may be billed to the owner.(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.[Pre-Local Government Recodification Citation: 19-2-5-23 part.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.131-2005, SEC.7; P.L.113-2010, SEC.153; P.L.196-2014, SEC.6.
IN Code § 36-9-23-34 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-34. Liens; Foreclosure; Attorney's Fees

Sec. 34. (a) A municipality or board may foreclose a lien established by this chapter in order to collect fees and penalties. The municipality or board shall recover the amount of the fees and penalties, and a reasonable attorney's fee. The court shall order the sale to be made without relief from valuation or appraisement laws.(b) Except as otherwise provided by this chapter, actions under this chapter are subject to the general statutes regarding municipal public improvement assessments.[Pre-Local Government Recodification Citation: 19-2-5-25.]As added by Acts 1981, P.L.309, SEC.96.
IN Code § 36-9-23-35 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-35. Proceedings Under Other Chapters Not Required; Administrative Powers and Duties Not Affected by Chapter

Sec. 35. No proceedings other than those prescribed by this chapter are required for:(1) the construction or acquisition of sewage works;(2) the issuance or sale of bonds; or(3) the establishment of fees;under this chapter. However, the functions, powers, and duties of the department of environmental management, the environmental rules board, and the state department of health are not affected by this chapter.[Pre-Local Government Recodification Citation: 19-2-5-27.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.143-1985, SEC.200; P.L.2-1992, SEC.894; P.L.113-2014, SEC.125.
IN Code § 36-9-23-36 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-36. Municipal Powers; Areas Outside Corporate Boundaries

Sec. 36. (a) Except as provided in subsections (b) and (c), a municipality may exercise powers granted by this chapter in areas within ten (10) miles outside its corporate boundaries.(b) The mileage limitation in subsection (a) does not apply to the provision of sewage treatment service for an entity that is described in section 16(b)(2) of this chapter.(c) In an area referred to in subsection (a), a municipality may not:(1) impose fees under this chapter; or(2) otherwise exercise powers granted by this chapter;to provide storm water management services to the area if the county provides storm water management services to the area under IC 8-1.5-5.[Pre-Local Government Recodification Citation: 19-2-5-26.]As added by Acts 1981, P.L.309, SEC.96. Amended by P.L.318-1989, SEC.2; P.L.114-2008, SEC.31.
IN Code § 36-9-23-37 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 23. Municipal Sewage Works|36-9-23-37. Memorandum of Understanding Between Municipality and Storm Water Board to Provide Storm Water Management Services

Sec. 37. (a) As used in this section:(1) "service" means:(A) imposing fees; and(B) otherwise exercising powers;to provide storm water management services; and(2) "storm water board" refers to a board defined in IC 8-1.5-5-2.(b) This section applies only if actions of:(1) a board under section 36 of this chapter; and(2) a storm water board under IC 8-1.5-5;are pending at the same time to service the same area outside a municipality's corporate boundaries.(c) The board and the storm water board must negotiate the adoption by the board and the storm water board of a memorandum of understanding that permits only the board or only the storm water board to service the area referred to in subsection (b). Neither the board nor the storm water board may service the area before a memorandum of understanding is adopted under this subsection. The entity designated to service the area in the memorandum of understanding may finalize the entity's action referred to in subsection (b). The entity not designated to service the area in the memorandum of understanding must terminate the entity's action referred to in subsection (b).As added by P.L.114-2008, SEC.32.
IN Code § 36-9-24-1 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-1. Application of Chapter

Sec. 1. This chapter applies to all municipalities that own and operate sewage works under IC 36-9-23.[Pre-Local Government Recodification Citation: 19-2-5.5-1 part.]As added by Acts 1981, P.L.309, SEC.97.
IN Code § 36-9-24-2 (2021)
2021 Indiana Code|Title 36. Local Government|Article 9. Transportation and Public Works|Chapter 24. Leasing of Sewage Disposal Facilities|36-9-24-2. "Sewage Disposal Facilities" Defined

Sec. 2. As used in this chapter, "sewage disposal facilities" means all or part of the facilities of a sewage disposal company furnishing service within the corporate boundaries of a municipality, or within one (1) mile outside those boundaries, including:(1) certificates of territorial authority;(2) indeterminate permits;(3) franchises;(4) rights-of-way; and(5) easements;but does not include the company's corporate stock, going-concern value, or good will.[Pre-Local Government Recodification Citation: 19-2-5.5-1 part.]As added by Acts 1981, P.L.309, SEC.97.