(A) Pursuant to I.C. 36-9-28.7 the designated entity of town government to conduct an investigation into an alleged storm water nuisance shall be the Department of Storm Water Management.
(B) An application for such an investigation shall be filed with the Department on forms provided by that office together with a non-refundable fee of $50 to cover the cost of a review of the request and preparation of the agreement for such an investigation to be executed by the requestor and the Department. Failure or refusal of the requestor to execute the agreement provided by the Department shall be deemed a withdrawal of the request for an investigation.
(C) The requestor of the investigation shall be responsible for all fees and costs incurred by the Department in conducting the requested investigation including all professional fees of engineers, surveyors or others needed to complete the work necessary to arrive at the report contemplated by I.C. 36-9-28.7.
(D) To secure the fees that will be necessarily incurred by the Department to arrive at the report contemplated by the statute, the requestor shall deposit with the Clerk-Treasurer of the town the sum of $1,000 in cash at the time of filing the request for an investigation. In addition, the requestor shall agree to pay any additional cost above the deposit reasonably incurred by the Department to arrive at the report required by the statute. The fee payable to the Department shall be deposited in its General Operating Fund.
(E) In the event the requested investigation should incur a cost less than the deposit, the difference between the cost and the deposit shall be refunded to the requestor and a final report issued to the requestor. In the event the cost of the requested investigation shall exceed the deposit, the requestor shall pay the same and no reports shall be provided until all additional fees have been paid by the requestor.
(Ord. 2011-04, passed 7-13-2011)