§ 36-9-23-32 — Liens for nonpayment of fees; priority; attachment; subsequent owners; property not occupied by owner; notice to owner

(a) Except as otherwise provided in a
provision included in an ordinance under section 25(f)(3) of this
chapter, fees assessed against real property under this chapter or under
any statute repealed by IC 19-2-5-30 (repealed September 1, 1981)
constitute a lien against the property assessed. The lien is superior to
all other liens except tax liens. Except as provided in subsections (b)
and (c), the lien attaches when notice of the lien is filed in the county
recorder's office under section 33 of this chapter.
(b) A fee is not enforceable as a lien against a subsequent owner of
property unless the lien for the fee was recorded with the county
recorder before the conveyance to the subsequent owner. If the property
is conveyed before the lien can be filed, the municipality shall notify
the person who owned the property at the time the fee became payable.
The notice must inform the person that payment, including penalty fees
for delinquencies, is due not more than fifteen (15) days after the date
of the notice. If payment is not received within one hundred eighty
(180) days after the date of the notice, the amount due may be
expensed as a bad debt loss.
(c) Except as otherwise provided in a provision included in an
ordinance under section 25(f)(3) of this chapter, a lien attaches against
real property occupied by someone other than the owner only if the
utility notifies the owner not later than twenty (20) days after the time
the utility fees become sixty (60) days delinquent. A notice sent to the
owner under this subsection must be sent by first class mail or by
certified mail, return receipt requested (or an equivalent service
permitted under IC 1-1-7-1) to:
(1) the owner of record of real property with a single owner; or
(2) at least one (1) of the owners of real property with multiple
owners;
at the last address of the owner for the property as indicated in the
records of the county auditor on the date of the notice of the
delinquency, or to another address specified by the owner, in a written
notice to the utility, at which the owner requests to receive a notice of
delinquency under this subsection. The cost of sending notice under
this subsection is an administrative cost that may be billed to the
owner.
(d) The municipality shall release:
(1) liens filed with the county recorder after the recorded date of
conveyance of the property; and
(2) delinquent fees incurred by the seller;
upon receipt of a verified demand in writing from the purchaser. The
demand must state that the delinquent fees were not incurred by the
purchaser as a user, lessee, or previous owner, and that the purchaser
has not been paid by the seller for the delinquent fees.
[Pre-Local Government Recodification Citation: 19-2-5-23
part.]
As added by Acts 1981, P.L.309, SEC.96. Amended by
P.L.131-2005, SEC.7; P.L.113-2010, SEC.153; P.L.196-2014,
SEC.6.