Indiana § 36-7-4-1325 Collection of unpaid fees; lien; receipt for payments

Indiana Statutes

§ 36-7-4-1325 — Collection of unpaid fees; lien; receipt for payments

Indiana·Title 36 LOCAL GOVERNMENT·Art. 7 PLANNING AND DEVELOPMENT·Ch. 4 Local Planning and Zoning

(a)A unit may use any legal remedy to collect an impact fee imposed by the unit. A unit must bring an action to collect an impact fee and all penalties, costs, and collection expenses associated with a fee not later than ten (10) years after the fee or the prorated portion of the impact fee first becomes due and payable.

(b)On the date a structural building permit is issued for the development of property on which the impact fee is assessed, the unit acquires a lien on the real property for which the permit is issued. For a phased development, the amount of the lien may not exceed the prorated portion of the impact fee due and payable in one (1) or more installments at the time the structural building permit is issued.

(c)A lien acquired by a unit under this section is not affected by a

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(a) A unit may use any legal remedy to
collect an impact fee imposed by the unit. A unit must bring an action
to collect an impact fee and all penalties, costs, and collection expenses
associated with a fee not later than ten (10) years after the fee or the
prorated portion of the impact fee first becomes due and payable.
(b) On the date a structural building permit is issued for the
development of property on which the impact fee is assessed, the unit
acquires a lien on the real property for which the permit is issued. For
a phased development, the amount of the lien may not exceed the
prorated portion of the impact fee due and payable in one (1) or more
installments at the time the structural building permit is issued.
(c) A lien acquired by a unit under this section is not affected by a
sale or transfer of the real property subject to the lien, including the
sale, exchange, or lease of the real property under IC 36-1-11.
(d) A lien acquired by a unit under this section continues for ten
(10) years after the impact fee or the prorated portion of the impact fee
becomes due and payable. However, if an action to enforce the lien is
filed within the ten (10) year period, the lien continues until the
termination of the proceeding.
(e) A holder of a lien of record on any real property on which an
impact fee is delinquent may pay the delinquent impact fee and any
penalties and costs. The amount paid by the lien holder is an additional
lien on the real property in favor of the lien holder and is collectible in
the same manner as the original lien.
(f) If a person pays an impact fee assessed against any real property,
the person is entitled to a receipt for the payment that is:
(1) on a form prescribed by the impact fee ordinance; and
(2) issued by a person designated in the impact fee ordinance.

Indiana § 36-7-4-1325 (Collection of unpaid fees; lien; receipt for payments) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.