Pursuant to I.C. 36-9-23-28, a customer deposit to ensure payment of sewer fees is hereby established for the town as follows:
   (A)   Owners, lessees or users of property commencing sewer service by the town 30 days or more after the effective date of this section shall pay a deposit to ensure payment of sewer fees.
   (B)   The deposit shall equal, and shall not exceed, the estimated average payment due from the property served by the town sewage works for a 3-month period; and all these deposits shall be retained in a fund separate from other revenues.
   (C)   The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor upon receipt of 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, including that person’s name and address; or
      (2)   No longer uses or is connected with any part of the town sewer system.
   (D)   (1)   If a depositor fails to satisfy costs and fees within 60 days after the termination of his or her use or ownership of the property served, he or she forfeits his or her deposit and all accrued interest.  The forfeited amount shall be applied to the depositor’s outstanding fees. 
      (2)   Any excess that remains due after application of the forfeiture may be collected in the manner prescribed by I.C. 36-9-23-31 or 36-9-23-32.
   (E)   A deposit may be used to satisfy all or part of any judgment awarded the town under I.C. 36-9-23-31 and/or 36-9-23-32.
   (F)   A deposit made hereby that has remained unclaimed by the depositor for more than 7 years after the termination of the services for which the deposit was made becomes the property of the town.  The provisions of I.C. 32-9-1.5 (unclaimed property) do not apply to a deposit described in this division.
(Ord. 1998-1, passed 1-13-1998)