(A) All Sewer Department customers shall be sent a delinquency notice, in such form as the Department shall from time to time prescribe when such customers’ account is 90 days delinquent. The town will follow the procedures, and exercise the benefits, set out in I.C. 36-9-23-31 and 36-9-23-33.
(B) If the delinquent customer is not the owner of the real estate to which sewer service is being provided, and, the owner of such real estate has given written notice to the Sewer Department as required by I.C. 36-9-23-32(c), a notice of delinquency shall be sent to such owner within 20 days after such account has become 90 days delinquent. Such notice as required in this section shall be sent certified United States mail return receipt requested.
(C) Thirty days after the notice prescribed by this section has been given the Sewer Department shall file a lien in the office of the County Recorder pursuant to I.C. 36-9-23-32, against the real property when sewer service is provided unless:
(1) Such past due account has been paid in full;
(2) A written arrangement has been entered into between the obligor and the Sewer Department providing for the payment of the sewer bill; or
(3) The Sewer Commissioner instructs that such account be processed in Small Claims Court. If the Sewer Commissioner so instructs, such small claims proceedings shall be commenced within 30 days of the date such notice is given unless an arrangement for payment as prescribed in this section has been made or the account is paid in full.
(D) Within ten days after a lien is filed under division (C) above the Sewer Department shall notify the owner of the real estate subject to the lien that such lien has been filed and, that legal proceedings to foreclose the lien may be commenced unless the lien is satisfied within 15 days.
(E) Upon payment of all charges, costs and fees as provided by law, any lien placed by the Sewer Department shall be released of record by filing appropriate documentation in the office of the County Recorder. A copy of such release shall be mailed to the owner of the real estate.
(1991 Code, § 50.61) (Ord. 2012-4, passed - -2012; Ord. 2022-12, passed 12-14-2022)