§ 53.83 SPECIFIC FEES AND CHARGES.
   (A)   Authority to measure sewage discharge. The town shall have the right to measure and determine the amount, strength, and character of all sewage and wastes discharged either directly or indirectly into the town’s sewer system, in such a manner and by the method as it may find practicable in the light of the conditions and attending circumstances of the case, in order to determine the proper rate or charge in accordance with the rate schedule set out in this section.
   (B)   Metered rates per month.
      (1)   Fees, rates, and charges per month shall be collected for the use of and the service rendered by the sewage treatment works from the owners of each and every lot, parcel of real estate or building that is connected with and uses the works by or through any part of the sewage system, or that in any way uses or is served by the works, and the rates and charges shall be payable as hereinafter provided for each unit of each user served by the sewer works.
      (2)   The fees, rates, and charges shall be determined as follows, except as may be provided otherwise herein:
         (a)   Service charge per user unit:
            1.   Phase I (effective 2/1/2022): $42.13.
            2.   Phase II (effective 1/1/2023): $43.39.
            3.   Phase III (effective 1/1/2024): $44.69.
         (b)   Metered rates per user unit per month per 1,000 gallons, up to 1,000,000 gallons:
            1.   Phase I (effective 2/1/2022): $2.67.
            2.   Phase II (effective 1/1/2023): $2.75.
            3.   Phase III (effective 1/1/2024): $2.83.
         (c)   Metered rates per user unit per month per 1,000 gallons, over 1,000,000 gallons:
            1.   Phase I (effective 2/1/2022): $1.34.
            2.   Phase II (effective 1/1/2023): $1.38.
            3.   Phase III (effective 1/1/2024): $1.42.
   (C)   Billing date; service charges for new customer.
      (1)   The above fees, rates, and charges begin to accrue on February 1, 2022, and the first billing for rates and charges shall be made as of March 15, 2022. All fees and charges payable under the provisions of this chapter are due no later than 15 days from the date of billing as set forth in any utility billing of the town ("due date" or "Due Date"). In the event that any service charges are not paid on or before the due date, the unpaid charges are delinquent and shall be subject to a late fee or penalty of 10% of the delinquent amount.
      (2)   The fees, rates, and charges herein fixed shall be extended to and cover any additional premises hereinafter connected with the sewer system without the necessity of any hearing or notice. Service charges for a period of less than one month shall be computed on the basis of the period during which service is rendered.
      (3)   There shall be a deposit requirement of $100 for all new customers of the town’s sewage treatment works to ensure the payment of sewer fees. The deposit shall be retained in a separate fund by the town. The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after the depositor tenders to the town a notarized statement stating that as of a certain date the property being served: (1) has been conveyed or transferred to another person; or (2) is no longer used or is connected with any part of the municipal sewage system. The notarized statement referred to herein must include the name and address of the person to whom the property is conveyed or transferred. If a depositor fails to satisfy costs and fees within 60 days after the termination of the use or ownership of the property served, the depositor forfeits the deposit. 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 prescribed by I.C. § 36-9-23-31 et seq. A deposit may be used to satisfy all or part of any judgment awarded the municipality under I.C. § 36-9-23-31. 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 shall become the property of the town.
(Ord. 1-1968, passed 3-25-1968; Am. Ord. 11-1975, passed 12-15-1975 Am. Ord. 8-1979, passed 7-30-1979; Am. Ord. 11-1980, passed 12-1-1980; Am. Ord. 8-1990, passed 9-4-1990; Am. Ord. 9-1990, passed 7-1-1991; Am. Ord. 4-1994, passed 9-12-1994; Am. Ord. 2-1998, passed 4-6-1998; Am. Ord. 5-2010, passed 6-7-2010; Am. Ord. 9-2010, passed 9-7-2010; Am. Ord. 10-2015, passed 11-16-2015; Am. Ord. 18-2021, passed 12-6-2021)