§ 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

(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chapter or under any statute repealed by IC 19-2-5-30 (repealed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 and the notice includes
a list of the applicable exemptions from connecting to the sewer
system available to the property owner that are described in IC 36-9-25-15.
(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; P.L.232-2023,
SEC.15.