§ 36-7-15.5-17 — Notice of proposed assessment; mailing to parcel owner; hearing on remonstrance; finality of decision; appeal

Indiana § 36-7-15.5-17

• Jurisdiction: Indiana
• Title 36: LOCAL GOVERNMENT
• Art. 7: PLANNING AND DEVELOPMENT
• Ch. 15.5: Improvement and Maintenance District for Indiana

Text

(a) Promptly after determining the
proposed assessment for each parcel, the commission shall mail notice
(first class postage prepaid) to each owner of property to be assessed.
This notice must:
(1) set forth the amount of the proposed assessment;
(2) state that the proposed assessment on each parcel of real
property in the improvement and maintenance district is on file
and can be seen in the commission's office;
(3) state the time and place where written remonstrances against
the assessment may be filed;
(4) set forth the time and place where the commission will hear
any owner of assessed real property who has filed a remonstrance
before the hearing date; and
(5) state that the commission, after hearing evidence, may
increase or decrease, or leave unchanged, the assessment on any
parcel.
(b) The notices must be deposited in the mail twenty (20) days
before the hearing date. The notices to the owners must be addressed
as the names and addresses appear on the tax duplicates and the
records of the county auditor.
(c) At the time fixed in the notice, the commission shall hear any
owner of assessed real property who has filed a written remonstrance
before the date of the hearing. The hearing may be continued from time
to time as long as is necessary to hear the owners. The commission may
utilize a hearing officer (who may be an employee of the city) to hear
evidence regarding any parcel of real property about which a written
remonstrance has been filed and to make a written recommendation of
decision to the commission.
(d) The commission shall render its decision by increasing, or
decreasing, or by confirming each assessment by setting opposite each
name, parcel, and proposed assessment, the amount of the assessment
as determined by the commission. However, if the total of the
assessments exceeds the amount needed, the commission shall make
a prorated reduction in each assessment.
(e) The signing of the assessment schedule by a majority of the
members of the commission, and the delivery of the schedule to the
fiscal officer of the city, constitutes a final and conclusive
determination of the benefits or damages, if any, that are assessed.
However, any owner who had previously filed a written remonstrance
(as provided in this chapter) with the commission, or any owner whose
assessment was increased above the amount determined by the formula
(whether the owner filed a written remonstrance or not) may appeal.
This appeal must be taken as provided in IC 34-13-6, and proceed to
trial, hearing, and final judgment as provided in IC 34-13-6 for all
parties.

Legislative History

As added by P.L.194-1988, SEC.1. Amended by P.L.1-1998, SEC.210.