Indiana § 36-9-23-28 Deposit to ensure payment of fees; amount of deposit; refund;
forfeiture; use to pay judgment; unclaimed deposits

Indiana Statutes

§ 36-9-23-28 — Deposit to ensure payment of fees; amount of deposit; refund; forfeiture; use to pay judgment; unclaimed deposits

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

(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)

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(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.

Indiana § 36-9-23-28 (Deposit to ensure payment of fees; amount of deposit; refund; forfeiture; use to pay judgment; unclaimed deposits) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.