§ 36-9-30-21 — Fees for use of and service rendered by facilities

(a) Except as provided in subsection (l), the
fiscal body of the unit owning, operating, and maintaining facilities for
the collection or disposal of solid waste may, by ordinance, establish
and maintain just and equitable fees for the use of and the service
rendered by the facilities.
(b) Except as provided in subsection (m), if the fiscal body of a unit
has authorized the issuance of revenue bonds under this chapter, it
shall, as long as the bonds are outstanding, establish and maintain fees
with respect to the facilities for which the bonds are issued.
(c) The aggregate amount of the required fees must be sufficient to
pay the cost of operation, repair, depreciation, and maintenance of the
facilities, and to pay the sums required to be paid into the bond fund
under this chapter.
(d) The ordinance may provide that the fees are payable:
(1) by either the users of the facilities, the owners of the property
served by the facilities, or the unit; or
(2) by the users, owners, and the unit in the proportions fixed by
the ordinance.
(e) Revenues collected under this section are considered revenues
of the facilities.
(f) The fees may not be established until after a public hearing at
which the users of the facilities, the owners of property served or to be
served by the facilities, and other interested parties have an opportunity
to be heard concerning the proposed fees and the provisions concerning
payment of the fees.
(g) After introduction of the ordinance fixing the fees and providing
for their payment, and before the ordinance is finally adopted, notice
of the hearing, setting forth the proposed schedule of fees and the
provisions concerning payment, shall be published in accordance with
IC 5-3-1.
(h) After the hearing, which may be adjourned from time to time,
the ordinance, as originally introduced or as amended, shall be passed
and put into effect. A copy of the schedule of fees established shall be
kept on file in the office of the board and in the office of the fiscal
officer of the unit. The fee schedule is a public record.
(i) The fees or the provisions for their payment may be changed or
readjusted in the manner by which they were originally established.
However, if the change or readjustment is made substantially pro rata
as to all classes of use or service, no hearing or notice is required.
(j) If:
(1) a user of the facilities; or
(2) an owner of property served by the facilities;
does not pay a fee within thirty (30) days after it is due, the amount of
the fee, together with a penalty of ten percent (10%) and a reasonable
attorney's fee, may be recovered by the unit in a civil action in the name
of the unit.
(k) The unit is subject to the fees established under this chapter. The
unit shall pay the fees when due. The payments are considered part of
the revenues of the facilities.
(l) This subsection applies to a county having a population of more
than sixty thousand (60,000) and less than sixty-five thousand (65,000).
The county executive owning, operating, and maintaining facilities for
the collection or disposal of solid waste may, by ordinance, establish
and maintain just and equitable fees for the use of and the service
rendered by the facilities.
(m) If the fiscal body of a county that is subject to subsection (l) has
authorized the issuance of revenue bonds under this chapter, the county
executive shall, as long as the bonds are outstanding, establish and
maintain fees with respect to the facilities for which the bonds are
issued.
[Pre-Local Government Recodification Citations: 19-2-1-16;
19-2-6-2 part.]
As added by Acts 1981, P.L.309, SEC.106. Amended by Acts
1981, P.L.45, SEC.92; P.L.102-1987, SEC.2; P.L.12-1992, SEC.188;
P.L.170-2002, SEC.171; P.L.119-2012, SEC.234; P.L.104-2022,
SEC.216.