(A) How delinquencies arise. Charges for sewerage service levied pursuant to this chapter shall be due and payable on or before the due dates shown on the bills. Any service charge not paid by the due date (approximately 15 days after the bill is rendered) shall be considered delinquent. Such delinquent charge together with any applied penalty shall be collectible as hereinafter set forth.
(B) Collection through the tax duplicate. As provided by the statutes of the State of Indiana, delinquent sewerage service charges may be made a lien against the property served through certification to the Auditor and to the Recorder of the county. In such case, the delinquent service charges, together with the mandatory penalty of 10%, shall be placed on the tax duplicate and be collected in the same manner as regular taxes and assessments are collected.
(C) Collection through court actions. In addition to the foregoing remedies, the town shall have the right to bring a civil action to recover any delinquent charges together with a penalty of 10% and a reasonable attorney's fee. It shall also have the right, as provided by the statutes of the State of Indiana, to foreclose any lien established under the provisions of § 51.35(B), with recovery of the charge, a penalty 10% and a reasonable attorney's fee.
(D) (1) Disconnection of sewer service In addition to the foregoing remedies and any other option available to the town, the town shall have the right to disconnect sewer service and cap or seal off any connection to a municipal sewer line on a delinquent account under the following conditions:
(a) The sewer bill has remained unpaid for a total of 12 months; and
(b) No payment arrangement has been made between the town and the account or property owner; and
(c) In the event that a payment arrangement has been made between the town and the account or property owner, disconnection will not be done for so long as the payment arrangement is strictly followed.
(2) In order to resume service following a disconnection under the provisions of this ordinance, full connection fees plus any required deposit will be required.
(3) Any notice that is required by law or town ordinances will be given to the last know account holder and the owner of the real estate.
(Ord. passed 11-3-1975; Am. Ord. 2015-12, passed 6-16-2015)