§ 51.068.5 DEPOSIT TO ENSURE PAYMENT OF SEWER FEES; REFUNDS; FORFEITURES; USES.
   (A)   Pursuant to IC 36-9-23-28, city utilities may require the owner, lessee, or user of property served by the utility to pay a deposit to ensure payment of sewer fees.
   (B)   The deposit required shall equal the estimated average payment due from the property served by the utility for a three-month period. Deposits shall be retained in a separate fund.
   (C)   (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)   No longer uses or is connected with any part of the municipal sewage system.
      (2)   A statement under division (C)(1) must include the name and address of the person to whom the property is conveyed or transferred.
   (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, the deposit and all accrued interest is forfeited. The forfeited amount shall be applied to the depositor's outstanding fees. Any excess that remains due after application of the forfeiture may be collected in the manner set out in §§ 51.099 and 51.100 herein. A deposit may be used to satisfy all or part of any judgment awarded the municipality under this chapter.
   (E)   A deposit made under this section that has remained unclaimed by the depositor for more than seven years after the termination of the services for which the deposit was made becomes the property of city utilities.
(Ord. G-07-97, passed 7-9-97; Am. Ord. G-12-09, passed 5-26-09; Am. Ord. G-6-12, passed 2-28-12)