(A) A water security deposit shall be paid for all new accounts at the same time service is established. Security deposits shall not accrue interest. (See current rate policy for amount.)
(B) The deposits shall be applied towards the final bill for utility services rendered. Any unused portion of the deposit shall be refunded to the account holder within 30 days of the final billing statement. Refunds shall be mailed to the last known address which was provided by the account holder to the town.
(C) If the account holder is moving from one property within the town's service area and establishing service at another property within the town's service area, the deposit(s) may be applied to any required deposit(s) for the new service address.
(D) (1) The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served:
(a) Has been conveyed or transferred to another person; or
(b) A structure has been removed and is no longer connected to any part of the municipal sewage system.
(2) A statement under division (1) must include the name and address of the person to whom the property is conveyed or transferred.
(E) Deposits that remain unclaimed by the depositor for more than seven years after the termination of the services for which the deposit was made become the property of the town. Indiana Code § 32-34-1 (unclaimed property) does not apply to this deposit.
(F) If a depositor fails to satisfy costs and fees within 60 days after the termination of the depositor's use or ownership of the property served, the depositor forfeits the deposit and all accrued interest. The forfeited amount shall be applied to the depositor's outstanding fees. Any excess that remains unpaid may be collected by the town as allowed by law.
(G) The Fortville Town Council shall establish by separate ordinance the deposit required as described under this section. (See current rate policy for amount.)
(H) The owner of a property may have the water turned on for a period of five business days for inspection and maintenance of the property. A security deposit will not be required in this instance; however, the property owner will be responsible for the cost of service and the turn on fee.
(Res. 2013-2A, passed 2-19-13; Am. Ord. 2016-8A, passed 8-1-16)
Editor’s note:
I.C. 32-34-1 repealed by P.L. 141-2021, SEC. 19.