Indiana § 36-9-25-11.5 Discontinuance of water service; disputed bills; notice; liability of
utility

Indiana Statutes

§ 36-9-25-11.5 — Discontinuance of water service; disputed bills; notice; liability of utility

Indiana § 36-9-25-11.5

Title 36LOCAL GOVERNMENT

Art. 9TRANSPORTATION AND PUBLIC WORKS

Ch. 25Sanitation Department in Certain Cities

This text of Indiana § 36-9-25-11.5 (Discontinuance of water service; disputed bills; notice; liability of utility) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 36-9-25-11.5 (2026).

Text

5.

(a)As an alternative to the penalties provided in section 11 of this chapter, the board may require that the water utility providing water service to a delinquent user discontinue service until payment of all overdue user fees, together with any penalties provided in this section, are received by the municipality.

(b)If a fee established is not paid within the time fixed by the board, the board or its designee shall send notice to the delinquent user stating:

(1)the delinquent amount due, together with any penalty;

(2)that water service may be disconnected if the user continues not to pay the delinquency and any penalty; and

(3)the procedure for resolving disputed bills. The municipality shall provide by ordinance a procedure for resolving disputed bills that includes an opportunit

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5. (a) As an alternative to the penalties
provided in section 11 of this chapter, the board may require that the
water utility providing water service to a delinquent user discontinue
service until payment of all overdue user fees, together with any
penalties provided in this section, are received by the municipality.
(b) If a fee established is not paid within the time fixed by the board,
the board or its designee shall send notice to the delinquent user
stating:
(1) the delinquent amount due, together with any penalty;
(2) that water service may be disconnected if the user continues
not to pay the delinquency and any penalty; and
(3) the procedure for resolving disputed bills.
The municipality shall provide by ordinance a procedure for resolving
disputed bills that includes an opportunity for a delinquent user to meet
informally with designated personnel empowered to correct incorrect
charges. Payment of a disputed bill and penalties by a user does not
constitute a waiver of rights to subsequently claim and recover from the
municipality sums improperly charged to the user.
(c) If the user fails to pay the delinquent amount or otherwise
resolve the charges as specified in subsection (a), the board or its
designee shall give written notice to the water utility serving the user
to discontinue water service to the premises designated in the notice
until notified otherwise. The notice must identify the delinquent sewer
user in enough detail to enable the water utility to identify the water
service connection that is to be terminated. Upon receipt of the notice,
the water utility shall disconnect water service to the user.
(d) Water service may not be shut off under this section if a local
board of health has found and certified to the municipality that the
termination of water service will endanger the health of the user and
others in the municipality.
(e) The water utility that discontinues water service in accordance
with an order from the board or its designee does not incur any liability
except to the extent of its own negligence or improper conduct.
(f) If the water utility does not discontinue service within the time
fixed by the board after receiving notice from the municipality, the
utility is liable for any user fees incurred after receipt of notice to
discontinue water service and that are not collected from the user.