(A) Any person who violates any provision of this chapter or permit condition or who discharges wastewater which causes pollution, or who violates any cease and desist order, prohibition, effluent limitation, national standard of performance, pretreatment or toxicity standard shall be fined in an amount not to exceed $2,500 per day. Each day such violation occurs or continues shall constitute a separate violation of this chapter.
(B) Any person who discharges sewage, industrial waste, wastewater, or other waste into the collection and/or treatment system of the city shall be governed by the provisions of this chapter and all applicable, local, state, and federal laws and regulations and shall indemnify the city and be liable for any fine, penalty, or judgment assessed against the city and/or its duly authorized agents as a result of the person's violation of the local, state, or federal law or regulation.
(C) Any person who knowingly makes any false statement, representation, or certification in any application, report, or other document required by this chapter or other applicable regulations, or who tampers with or knowingly renders inaccurate any monitoring device, will, upon conviction, be punished by the imposition of a civil penalty as required by the local and/or state statutes.
(D) Fees; nonpayment; delinquency penalty; civil action to recover. If fees assessed against real property under this chapter or as provided by Indiana State law, are not paid within the time fixed by the municipal legislative body, they are delinquent. A penalty of 10% of the amount of fees attaches to the delinquent fees. The amount of the fee, the penalty, and a reasonable attorney's fee may be recovered by the Board in a civil action in the name of the municipality.
(E) Fees; non-payment; creation of lien; priority; time of attachment; notice; subsequent owners; release.
(1) Fees assessed against the real property under this chapter or as provided under Indiana law, constitute a lien against the property assessed. The lien is superior to all other liens except tax liens. Except as provided in divisions (E)(2) and (3) below, the lien attaches when notice of the lien is filed in the county recorder's office under Indiana law.
(2) A fee is not enforceable as a lien against a subsequent owner of property unless the lien for the fee was recorded with the County Recorder before the conveyance to the subsequent owner. If the property is conveyed before the lien can be filed, the municipality shall notify the person who owned the property at the time the fee became payable. The notice must inform the person that payment, including penalty fee for delinquencies, is due not less than 15 days after the date of notice. If payment is not received within 180 days after the date of the notice, the amount due may be expensed as a bad debt loss.
(3) A lien attaches against real property occupied by someone other than the owner only if the utility notified the owner within 20 days after the time the utility fees became 60 days delinquent. However, the utility is required to give notice to the owner only if the owner has given the general office of the utility written notice of the address to which his or her notice is to be sent.
(4) The municipality shall release:
(a) Liens filed with the County Recorder after the recorded date of conveyance of the property; and
(b) Delinquent fees incurred by the seller, upon receipt of a varied demand in writing from the purchaser. The demand must state that the delinquent fees were not incurred by the purchaser as a user, lessee, or previous owner, and that the purchaser has not been paid by the seller for the delinquent fees.
(Ord. 1992- , passed - -1992; Am. Ord. 2005-22, passed 11-15-2005; Am. Ord. 2023-4, passed 5-2-2023)