(A) The owners, lessees, or users of property to be connected or reconnected to the sewage works of the town (“depositor”) shall pay a deposit of $40 prior to being connected or reconnected thereto, as the case may be.
(B) The Clerk-Treasurer shall retain all deposits collected pursuant to this section in a separate fund to be established and maintained by the Clerk-Treasurer. The Clerk-Treasurer shall maintain a record of each depositor that shows the name of the depositor, the date the deposit was made, the current address of the depositor, and such other information as the Clerk-Treasurer, with the advice of the town’s financial adviser, deems necessary to retain said deposits in accordance with the provisions of this section and IC 36-9-23.
(C) The Clerk-Treasurer shall refund the deposit, less any outstanding penalties and service fees, to the depositor after receiving 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; or
(2) No longer uses or is connected with any part of the sewage works of the town.
Any statement under subdivision (1) must include the name and address of the person to whom the property is conveyed or transferred. The town will not pay interest on any deposit.
(D) If a depositor fails to satisfy costs and fees within 60 days after the termination of his/her use or ownership of the property served, he/she forfeits his/her deposit and all accrued interest. The Clerk-Treasurer shall apply the forfeited amount to the depositor’s outstanding fees. Any excess that remains due after application of the forfeiture may be collected in the manner prescribed by IC 36-9-23. A deposit may be used to satisfy all or part of a judgment awarded to the town under IC 39-9-23-31 or 39-9-23-32.
(E) A deposit that has remained unclaimed by the depositor for more than seven years after termination of the services for which the deposit was made becomes the property of the town.
(Ord. 2002-8, passed 9-9-02; Am. Ord. 2007-7, passed 6-11-07)