Indiana § 36-9-23-26 Fees; hearing; notice; adoption; readjustment

Indiana Statutes

§ 36-9-23-26 — Fees; hearing; notice; adoption; readjustment

Indiana·Title 36 LOCAL GOVERNMENT·Art. 9 TRANSPORTATION AND PUBLIC WORKS·Ch. 23 Municipal Sewage Works

(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

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(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.

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