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It shall be the duty of the officer charged with the collection of the charges to enforce payment thereof, together with the penalties provided by law. If any such charge shall not be paid for service rendered to any lot, parcel of real estate, or building served within 30 days after written notice of the amount due has been given to the owner thereof, such officer shall proceed to enforce payment as directed by the Board of Trustees or as provided by law.
(‘82 Code, § 32-205)
(A) Amount of surcharge. A surcharge of $20 per month, per billing account, shall be imposed in addition to all other charges heretofore authorized and imposed beginning the month immediately following passage and adoption of this section by the Board of Trustees of the town.
(B) Moratorium. There shall be a moratorium upon the requirement for payment by any persons for a period of six months from the time of imposition of the surcharge as set forth in division (A) above. Any person who has, pursuant to division (C) below, consented to the inspection of his respective premises within 90 days of the date of adoption of this section, shall not be liable for payment until the inspection has been accomplished and the person given the opportunity to bring the premises into compliance within the time frame set out in division (C) below.
(C) Proof of compliance. A person may avoid liability for payment of the surcharge established in division (A) above upon a showing that he is in compliance with all provisions of §§ 51.12(H), 51.13(A), and 51.13(B) and any amendments thereto of the town which showing shall consist of the following procedures and conditions as to each building or appurtenance connected to the sanitary sewer.
(1) Each person shall, as to each building or appurtenance so connected to the sanitary sewer, execute a grant of permission to the town to come upon the property and within the premises thereon, of the persons to inspect or perform sewer tests as may be deemed necessary by the town to verify the compliance hereinbefore referred to.
(3) The term “TOWN” as used herein, shall mean and include such employees or designees of the town as it shall from time to time utilize in making the inspections or tests heretofore referred to. These persons shall have on their persons identification to verify the fact that they in fact represent the town for those purposes.
(4) The inspections shall be made upon reasonable notice of at least 48 hours. There shall be no fee charged for the inspections.
(5) If, upon the initial inspection contemplated by division (1) above to verify compliance, a person is in fact not found to be in compliance, the person shall be given 14 days from the date of the inspection to so comply.
(D) Noncompliance.
(1) In the event that a person is found to be in compliance as heretofore set forth and, upon subsequent inspection, is found not to be in compliance, the person shall be liable for payment of an amount equal to the sum of the months since adoption of this section, multiplied by the monthly surcharge in effect during such periods as the case may be; provided that, the liability shall be reduced to 50% of that amount if the person complies within a period of ten days after notice by the town of his noncompliance.
(2) In the event a person is found to be in a state of noncompliance a second or subsequent time, then the person shall be liable for a sum equal to $1,000 plus an amount equal to the sum of the months since adoption of this section multiplied by the monthly surcharge in effect during the periods as the case may be.
(Ord. 347, passed l-l2-83)
(A) In the event a building or other structure which is currently or has in the past been connected to the town sanitary sewage collection system is razed or otherwise removed from the property and the debris and all other rubbish has been removed from said real estate to the satisfaction of the Town Board or its designee, then the account related to this property shall be placed on an inactive status from that day forward; provided that the owner of this property makes a formal, written request of the Board of Trustees for the establishment of this property on an inactive status.
(B) In the event such property has been placed on inactive sewer billing status and the current owner or a subsequent owner thereof desires to reconnect the property to the town sanitary sewage collection system, then that person shall pay a tap-on fee equal in amount to the then current tap-on fee in effect for new sewer connections.
(Ord. 471, passed 2-15-88)
(A) No unpaid and delinquent sewage utility fees are to be certified as liens to be assessed against the real property of the owners served by the sewage works of the town, as permitted by the provisions of IC 36-9-23-31, as amended from time to time, and IC 36-9-23-32, as amended from time to time, until or unless at least two months of accrued, but unpaid and delinquent sewage utility fees are due and owing the town.
(B) The terms and provisions of this section shall not preclude, or in way supersede any other duties, responsibilities or requirements for the collection of rates and charges from the owners of real property served by the sewage works of the town, whether by state statute, local ordinance, or any other applicable law.
(Ord. 510, passed 4-25-90)
(A) The Clerk-Treasurer is hereby authorized and directed to adjust town wastewater and municipal utility fee accounts as deemed necessary and proper according to any of the reasons set forth in division (B) below in order to properly credit town wastewater and municipal utility accounts that have been overcharged.
(B) The following are reasons that may create the need for an adjustment of a town wastewater and municipal utility account:
(1) Ministerial adjustments including, but not limited to, new home billings that need to be pro-rated, NSF checks and fees, bankruptcy filings which require adjustments, and posting error corrections; and/or
(2) Penalty fees assessed according to § 51.24 of this code, as amended, that were assessed to the town wastewater and municipal utility account due to delay of the postal service, changes in ownership of property, incorrect automatic penalty fees, and any other unusual circumstance that caused a customer to be late in payment of a town wastewater and municipal utility account.
(C) The town wastewater and municipal utility account adjustment shall be made on the next monthly billing date after the account is determined to need an adjustment as determined under the above terms and provisions.
(D) The Clerk-Treasurer shall make no adjustments as permitted by the provisions of division (B)(2) above in an amount greater than the applicable penalty for one month’s late fee penalty amount for a town wastewater and municipal utility account. Further, the Clerk-Treasurer shall make no more than one such adjustment for a town wastewater and municipal utility account in any calendar year. All other applicable account payment requirements shall be required to be fulfilled unless otherwise authorized or approved for adjustment by the Town Council.
(Ord. 800, passed 9-17-01; Am. Ord. 1204, passed 7-15-14)
(A) The equivalent residential customer (ERC) shall $3,500 per new sewer tap connection for water service lines up to ¾ inch. Effective January 1, 2019, a one-time charge known as the system development charge will be collected from new customers of the sewage works system in accordance with the following schedule:
Water Line Service Size | Flow Ratio | System Development Charge |
5/8" x 3/4" | 1.00 | $ 3,500 |
1 inch | 2.50 | 8,751 |
1¼ inch | 4.00 | 14,001 |
1½ inch | 5.00 | 17,502 |
Note: When a building permit is applied for, the system development charge for larger water service lines will be calculated and applied. | ||
(B) To determine the system development charge for water line services over 1 1/2 inches, divide the area of the proposed water line service size by the area of a 5/8-inch water service line (flow ratio), then multiply by $3,500.
(C) Collection. The established sewage works system development charge shall be collected as follows:
(1) For all existing subdivided lots, the system development charge shall be collected at the time a building permit is issued for connection to the sanitary system; or
(2) For any unsubdivided non-residential property, the system development charge shall be paid for:
(a) After preliminary or primary plat approval at the time connection is made to the sanitary sewer system for all sanitary tap connections required for the lots contained on the preliminary or primary plat; or
(b) After final plat approval and prior to the execution of the Final Plat mylar for all sanitary tap connections required for the lots contained on the Final Plat.
(3) For any unsubdivided non-residential property, the System Development Charge shall be paid for:
(a) In the minimum amount of $3,500 per connection if the water line service size is unknown after preliminary or primary plat approval at the time connection is made to the sanitary sewer system for all sanitary tap connections required for the lots contained on the preliminary or primary plat; or
(b) In the minimum amount of $3,500 per connection if the water line service size is unknown after final plat approval and prior to the signing of the final plat mylar for all sanitary tap connections required for the lots contained on the final plat; and
(c) At the time of building permit issuance for each subdivided lot, the remainder of the actual system development charge based upon the water line service size less the minimum amount paid in (C)(3)(a) or (b) of this section.
(Ord. 926, passed 6-7-05; Am. Ord. 978, passed 11-9-06; Am. Ord. 1248, passed 8-16-16; Am. Ord. 1311, passed 12-4-18)
Cross-reference:
Building permit fees, see § 150.15
PERIODIC INSPECTIONS AND TESTING OF SEWER LINES AND FACILITIES
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